Dentons

SCC Dismisses Appeal in Tax Advisor Penalty Case

The Supreme Court of Canada has dismissed the appeal of the taxpayer and determined that the tax advisor penalty in section 163.2 of the Income Tax Act is administrative in nature. The Court’s 4-3 decision in Guindon v. The…more
| Constitutional Law, Taxation

“Zero tolerance” policy on drugs in workplace upheld by human rights tribunal where employee did not have “marijuana card”

An employee who smoked marijuana on the job without legal and medical authorization was not discriminated against when dismissed under his employer’s “zero tolerance” policy, the British Columbia Human Rights Tribunal has held…more
| Labor & Employment Law

Polish CIT exemption applies also to special Cypriot funds managed by a corporate body

In a recent Polish Supreme Administrative Court’s award it was confirmed that a non-UCITS fund should benefit from the Polish CIT exemption for investment funds, even if their corporate manager is contracted. The award removes…more
| Commercial Law & Contracts, International Law & Trade, Securities Law, Taxation

UK Supreme Court to re-consider compensation rights under Data Protection Act

This week, Google has been granted permission to appeal to the UK Supreme Court as part of the decision in Google Inc. v. Vidal-Hall & Others (2015). This is about rights to claim compensation for breaches of the Data Protection…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Tax Review - July 2015

We are proud to present the next edition of our “Tax Review” which contains a selection of rulings and interpretations that had been issued or published in June 2015. We hope you will find the information provided here helpful…more
| Business Organizations, Commercial Law & Contracts, Taxation

Cancellation of licenses of entities controlled by persons from the Russian Federation - Risks connected with licensed economic activities in Ukraine of companies with Russian capital/control

On 28 June 2015 the Law of Ukraine "On Licensing of Types of Economic Activity" dated 2 March 2015 (hereinafter - the "Law") entered into effect. In particular, the Law provides the grounds for cancellation of licenses held…more
| International Law & Trade

Client Alert on Azerbaijani Securities Regulations - Client Alert on Latest Developments in Azerbaijani Securities Regulation summarizing the latest legal developments, including the new Securities Market Law and amendments to the Azerbaijani Civil Code.

Securities Markets Law - New categories of professional participants in securities markets - Professional participants in securities markets are defined to include investment companies, stock exchanges, clearing…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

No lounging about – use of a Community Trade Mark (CTM) in only one member state may result in revocation

In a decision which appears inconsistent with the decision of the Court of Justice of the European Union (CJEU) in Leno Merken, the Intellectual Property and Enterprise Court (IPEC) has found that use of a CTM in only one member…more
| Commercial Law & Contracts, Intellectual Property

What If Your Independent Contractor Is Really a Dependent Contractor?

Many employers hire independent contractors to assist in their workplace and in most cases, the assumption is that doing so will result in minimal or no notice of termination having to be paid at the end of the relationship. A…more
| Labor & Employment Law

Competition News July-August 2015

French merger control: The Competition Authority agrees to approve the prospective acquirer of assets sold by the purchaser - On May 15, 2015, the Competition Authority authorized, subject to certain conditions, the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Energy & Utilities, International Law & Trade, Mergers & Acquisitions

OAS Chapter 15 decision sheds new light on cross-border insolvency practice, but may add complexity to financial institutions' global credit risk management

In an interesting decision with important implications for both Chapter 15 practice and financial institutions’ global credit risk analyses, a US Chapter 15 court (the “Court”) granted recognition of a number of Brazilian…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, International Law & Trade

Insurance Filed Rate Defense Wins Over the Second Circuit

In a noteworthy embrace of the filed rate doctrine, the Second Circuit recently ruled, in the context of a challenge to so-called lender-placed or “force placed” insurance, that a regulator-approved rate is subject to the filed…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

Practical questions persist on zonal planning proposal

This month's Fixing the Foundations 'productivity plan' commits the government to 'an urban planning revolution on brownfield sites'. Ministers have already pledged to create a register of brownfield land suitable for…more
| Construction Law, Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use

Commission sends Statement of Objections to BSkyB and film studios

On 23 July 2015, the European Commission (the "Commission") sent a Statement of Objections to BSkyB and six major studios: Disney, NBC Universal, Paramount Pictures, Sony, Twentieth Century Fox and Warner Bros (the "Film…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property, International Law & Trade

Amendment to the Polish Labor Code - changes to fixed-term contracts

The last version of a bill concerning amendment to the Labor Code has just been accepted by the Parliament. The new regulation shall enter into force 6 months after its adoption, i.e., probably in the first quarter of next year…more
| Commercial Law & Contracts, Labor & Employment Law
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77 King Street West Suite 400, Toronto-Dominion Centre
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Contact: Samantha Francis

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