Articles
This paper provides an overview of the Canadian General Anti-Avoidance Rule (“GAAR”) including its history, legislative intent, implementation, resulting policy issues and judicial treatment. It argues that GAAR is vague, contrary to the doctrine of legal certainty and grants broad discretion to the government bodies tasked with its review and enforcement. While judicial treatment of…
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What is a shareholder agreement? A shareholder agreement is an agreement between the shareholders of a corporation establishing the rights of the company’s shareholders as well as the management of the corporation. Why is it important to have a shareholder agreement? The shareholder agreement is intended to ensure that shareholders are treated fairly and that…
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What is professional incorporation? Professional incorporation allows regulated professionals to offer their professional services (as well as any related or ancillary services) while enjoying many of the tax (deferring tax, small business exemptions, etc.) and non-tax advantages available to other incorporated self-employed individuals. Who qualifies as a ‘regulated professional’? The professions eligible for professional incorporation…
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What is a copyright? S. 3 of the Copyright Act explains that ‘copyright’ refers to the sole right to produce or reproduce a work or a substantial part of it in any form. It encompasses the right to perform the work, or publish the work, if the work is unpublished. Copyright covers original works including…
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