Monthly Archives: January 2014

Lyall D. Knott, Q.C. appointed as Chair of the Canadian Forces Liaison Council

Lyall D. Knott, Q.C. has been appointed as the Chair of the Canadian Forces Liaison Council for British Columbia. For over 30 years the Council’s work has directly contributed to a professional and capable Canadian Armed Forces by promoting awareness of the Reserves to employers and educators across Canada.

Lyall Knott is a senior partner at Clark Wilson LLP and serves as the Honourary Captain, Canadian Fleet Pacific, Royal Canadian Navy.

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Supreme Court Enlarges Public Interest Powers of Provincial Securities Commissions

Patricia McLean served as a director of Hucamp Mines Ltd., a reporting issuer registered in Ontario under the Ontario Securities Act, from March of 1996 to June of 2001.   Beginning in July of 2001, McLean began cooperating with the Ontario Securities Commission (“OSC“) in respect of certain possible improper actions at Hucamp.  Although the OSC announced in July of 2005 that it would hold a hearing under its public interest powers to sanction McLean and others for their alleged misconduct at Hucamp, McLean did not enter into a settlement agreement with the OSC until September 8, 2008.  In the settlement agreement, McLean consented to the making of an order against her which barred her for 5 years from trading in securities, with some exceptions, and banned her for 10 years from acting as an officer or director of certain entities registered under the Ontario Securities Act.  
It was not until 15 months latter – January 14, 2010 – that the executive director of the British Columbia Securities Commission notified McLean that he was applying to that commission for a “public interest” order against her in British Columbia.   The BC Commission relied on McLean’s settlement agreement with the OSC in bringing the proceeding.  However, section 159 of the BC Securities Act provides that all proceedings under that Act “must not be commenced more than 6 years after the date of the events that gave rise to the proceedings”.   The BC Commission issued an order adopting the same prohibitions that were set out in the OSC’s order.  In doing so, it interpreted that “the event” that had triggered the 6 year limitation period was McLean’s entering into a settlement agreement with the OSC and not the misconduct that occurred in 2001 or earlier.  The BC Court of Appeal applied a correctness standard of review and upheld the commissions implied decision.  
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ILN Today Post

VOI for Victoria – E-conveyancing marches on

Victorian proposals to align paper and electronic conveyancing procedures is the latest development in the relentless march towards e-conveyancing and the biggest change to land dealings (especially mortgages!!) since the Torrens system was introduced.

The Victorian consultation

December 2013 saw the release of a consultation paper by Land Titles Victoria on aligning paper and electronic conveyancing procedures from 1 January 2015.  Submissions are due by 1 February 2014 and Gadens will be making a submission on behalf of the MFAA. More…

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ILN Today Post

Privacy Regulations released

The Privacy Regulations will commence on 12 March 2014 together with the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (‘privacy amendments’).

It was hoped the Privacy Regulations would give credit providers significant guidance to assist them to meet their obligations under the privacy amendments, however the regulations have only addressed specific issues. More…

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ILN Today Post

GST going concern exemption to be abolished

The Abbott Government has announced it will adopt a controversial measure proposed (but not implemented) by the former Rudd Government to replace the GST-free going concern and farm land exemptions with a new ‘reverse charge’ mechanism.

The adverse consequences may be twofold.  First, the proposal may increase stamp duty for purchasers of going concerns.  Secondly, purchasers wishing to on-sell under the margin scheme may face greater complexity and increased GST ‘costs’ up-front.  More…

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ILN Today Post

As John Lennon once sang, “Power to the People”: Mobile Home Parks and GST

Introduction

The world of GST can be very complex for business owners and consumers alike.  Any changes to the way the GST law operates can potentially reduce business profits or increase customer costs, often with unhappy consequences all around.

Proposal to change the GST treatment of mobile home park site rents

The Australian Taxation Office (ATO) recently put forward a proposal to change the GST treatment of mobile home park site rents. If implemented, this change could have increased operational costs and directly impacted residents of mobile home parks. More…

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ILN Today Post

Deeds of company arrangement after Retail Adventures

Two days before Christmas, the Supreme Court of New South Wales delivered a bonus for the general unsecured creditors of the collapsed discount giant Retail Adventures, and confirmed the requirements for deeds of company arrangement.

Deeds of Company Arrangement

Under the Corporations Act 2001 (Cth), the creditors of a company in voluntary administration decide whether the company should be wound up in insolvency or whether the business should be restructured via a deed of company arrangement. In most cases, deeds of company arrangement are proposed by the directors or related parties with a financial interest in the business. More…

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Census & Sensibility: Stay-At-Home Dads. Trending?

Maxine NeuhauserLast month, The New York Times ran a profile of women banking executives who have found their career advancement enhanced by the support of a stay-at-home husband. The article, “Wall Street Mothers, Stay-Home Fathers: As Husbands Do Domestic Duty, These Women Are Free to Achieve,” by Jodi Kantor and Jessica Silver-Greenberg, refers to those women as “a small but rapidly expanding group.” The article optimistically cites data showing that the “number of women in finance with stay-at-home spouses has climbed nearly tenfold since 1980 … and some of the most successful women in the field are among them.”

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"Supreme Court Gets Chance to Clarify Bankruptcy Ruling," Daily Bankruptcy Review, Shawn Riley quoted

Shawn Riley was quoted in the Daily Bankruptcy Review article, “Supreme Court Gets Chance to Clarify Bankruptcy Ruling.”

Click here to read the article.

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The EHR Donation Safe Harbor Gets New Life in 2014

By:  Alaap Shah and Marshall Jackson

With the New Year, come new protections for health care entities and individuals utilizing electronic health records (EHRs).  On December 27, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS), issued final rules regarding the Stark Exception and the Anti-Kickback Safe Harbor permitting certain health care organizations to subsidize up to 85% of the donor’s cost of certain EHR items and services (the “Final Rules”). The Final Rules amended the 2006 original rule (the “Original Rule”).  The Final Rules:

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