While Jim Flaherty may have called the February 11th Federal budget “boring,” the budget was anything but boring when it came to the world of estates and trusts, implementing a number of changes to this area of law that should be of interest to anyone with a will. One such change was the proposal to tax most estates and testamentary trusts (including pre-existing estates and trusts) at the top marginal tax rate beginning 36 months after death. During the 36 month period, a “graduated rate estate” will still be taxable at graduated rates, as they are currently. This change, taking effect in 2016, has some advisors questioning whether testamentary trusts are still useful in a tax planning context; this article discusses the numerous reasons why, notwithstanding the recent budget, testamentary trusts retain many of the beneficial features that have made them a staple of many wills. More…
FEDERAL INITIATIVES STREAMLINE REGULATION OF INDUSTRY
IMPACTS ON FISHERIES
Stanley D. Berger B.C.L.,L.L.B, Certified Specialist Environmental Law
Why this Initiative is Important Companies which negotiate in good faith with regulators on licence conditions should be entitled to conduct their affairs with reasonable reliance on the concluded conditions. However, the objectives of some regulators are not always consistent with each other and this has led to confusion and uncertainty. For example, historically, Environment Canada unlike some of the provincial authorities, did not accept mixing zones but determined a deleterious substance at the end of the pipe. See e.g. R. v Suncor (1985) 4 F.P.R.409 (Alberta Provincial Court). More recently, we have seen the Ontario Ministry of the Environment aggressively pursue prosecution in areas which would normally come within the purview of another department, in that case the Ministry of Labour. See Ontario v. Castonguay Blasting Ltd. 2013 SCC 52. Assurances by Environment Canada through regulation that deleterious substances can be deposited if they are otherwise authorized by other regulatory authorities, the addition of a more expeditious process to deliver those assurances and increased coordination between the CNSC and the DFO should help to make a crowded regulatory field more manageable. More…
Stradling Announces Illustrious Guest Speakers for Liquidity Panel at Oasis Summit, Hosts Long Drive Golf Phenomenon Lee Brandon in Breakout Area
Stradling Yocca Carlson & Rauth, P.C. today announced that Corporate and Securities Shareholders Michael Lawhead and Mark Skaist have joined the list of speakers at OASIS: THE MONTGOMERY SUMMIT – an invitation-only event featuring top entrepreneurs, investors and senior technology executives at the event’s breakfast kick-off on March 5, 2014 at 7:30A.M., in the main ballroom at the Fairmont Miramar Hotel in Santa Monica. Joining them on stage will be Alexander Hart, Managing Director of Signal Hill, Chad Barnard, Corporate Development Director from Meredith Corporation, and Richard Sudek, Chairman Emeritus of Tech Coast Angels (“TCA”) and Director of the Leatherby Center for Entrepreneurship and Business Ethics. Read here for more on the story. More…
Today, EBG client, National Grocers Association (“NGA”), filed a request to speak at the National Labor Relations Board’s public meeting, scheduled for April 10-11, 2014 regarding the Notice of Proposed Rulemaking (“NPRM”) on the “ambush election” representation procedures.
NGA is the national trade association representing retail and wholesale grocers that comprise the independent sector of the food distribution industry. NGA requested to speak on 4 key issues being contemplated by the NLRB:
March 31 to April 6, 2014 has been named as Make a Will Week by the BC Government. The timing coincides with WESA coming into force on March 31, 2014. WESA contains certain changes to estate planning and estate administration, and merits a review of your current Will to ensure your wishes will be carried out.
According to a survey referenced on the Make a Will page, only 49% of British Columbians have an up to date Will. With the introduction of WESA, there is an added reason for everyone to ensure your Will is up to date, or if you haven’t yet made a Will, to go to a lawyer to have one made.
Articles concerning cyber-security and data breach typically fall into two general categories: those discussing how to prevent a data breach from occurring and those discussing how to respond when one occurs. As I discussed in my earlier blog post, smart players in the healthcare industry are proactive in seeking to prevent data breaches from occurring before hackers strike.
In an excellent article titled, “Best Practices for Avoiding Data Breach Liability,” which was published in New England In-House, Patrick J. O’Toole, Jr. and Corey M. Dennis discuss best practices for both breach prevention and breach response. O’Toole is a partner at the Weil, Gotshal & Manges. Dennis is the U.S. Privacy Officer and in-house counsel at Pharmaceutical Product Development, LLC (PPD). (The article was later re-published in The Daily Record and Minnesota Lawyer.)
In its recently released 2014 Work Plan, the OIG has announced that it will investigate hospital billing for Kwashiorkor. Kwashiorkor is a form of severe protein malnutrition that generally affects children living in tropical and subtropical parts of the world during periods of famine or insufficient food supply. This syndrome is characterized by retarded growth, […]
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An employee at a Sydney takeaway business has been awarded aggravated damages after her manager fired her for complaining about sexual harassment in the workplace. The judge accepted the employee’s evidence as to her drug abuse and mental illness following and relating to her dismissal, and deemed the employer’s response to the complaint she made about sexual harassment ‘wholly inappropriate and ineffective’. More…
All states and territories of Australia have their own legislation governing payment claims for building work or related goods and services. In New South Wales it is the Building and Construction Industry Security of Payment Act 1999 (BCISPA).
BCISPA’s scope covers most building work and related goods and services, no matter what the industry, with only a few exceptions. It often, indeed almost always, applies to residential and aged care facilities, and the owners and managers of such facilities (Providers) need to be very mindful of it. More…
Most unionized hospitality employers have collective bargaining agreements which require contributions to multiemployer pension funds. In recent years, many of these pension funds have slipped into “endangered” or even “critical” status, and employers who have exited these funds have been hit with substantial assessments of withdrawal liability. These assessments often amount to millions of dollars in withdrawal liability.
Many employers are unfamiliar with the complicated procedures for contesting an assessment of withdrawal liability from a multiemployer pension fund. As a result, pension funds win a substantial percentage of litigated cases on procedural technicalities.