A lawyer’s duty to avoid conflicts of interest is an important aspect of the duty of loyalty that lawyers owe to their clients. For Canadian in-house counsel, the duty to avoid conflicts of interest presents special challenges due to the nature of the relationship of in-house counsel to their employer. This webinar will enable in-house counsel to effectively navigate the conflict rules in the Canadian legal system, and provide participants with the knowledge to successfully implement best practices to avoid conflicts of interest.

This webinar will provide participants with an introduction to key cases including the recent Supreme Court of Canada case of Canadian Railway Co. v McKercher LLP, 2013 SCC 39, and provincial law society rules on conflicts of interest. It will also address when representation might attract a bright line rule, and when a contextual test will be applied; the circumstances in which a lawyer might be disqualified from representation of a client; and why a waiver might be insufficient. It will provide an opportunity to learn about the unique duties of in-house counsel in relation to conflicts of interest. Finally, it will provide discussion on some best practices for creating effective policies and procedures to avoid the creation of circumstances in which a conflict of interest would arise.

Key Learning Objectives:

• Learn about the provincial Law Society rules on conflicts of interest in Canada;
• Learn the key Canadian cases on conflict of interests, the rules that have emerged from the jurisprudence, and the policy concerns of the Canadian courts in relation to a lawyer’s duty to avoid conflicts;
• Understand and reflect on your professional duties to your employer, and to your professional regulator, in circumstances in which a conflict of interest may arise; and
• Learn about best practices and policies to avoid conflicts of interest.

If you would like more details about this product, or would like to order a copy online, please click here.

It's often a very difficult decision for your client to make, when they must decide whether to transfer holdings in their farm or farm property. But the complexity doesn't end there. While that decision is being made, the advisors must step in and help to ensure that the transactions are arranged in the most tax efficient and practical manner. For those approaching any potential farm restructurings or sales, this webinar will be essential.

This archive webinar covers a comprehensive look at the preferential tax treatment that transfers of qualifying farms or farm property can enjoy on passing to the next generation or on the sale to outside parties. This includes an overview of the capital gains exemption available for the sale of qualifying farm property shares and partnership interests, and rollovers to certain family members (both inter vivos and on death). While similarities do exist with among these transfers, there are traps and nuances that practitioners must be aware of to ensure their transactions qualify for beneficial tax treatment desired.

More specifically, for each of the above types of transfers, this archived webinar will explore:

• What property qualifies for the treatment?
• Who is entitled to the preferential tax benefit?
• What does farming mean in these contexts?
  • What is the business of farming for tax purposes?
  • What is being "actively engaged on a regular and continuous basis"?
  • Who must farm the property?
  • When must farming activity take place?
  • How much of the property must be used in farming?
• What are the common things farms may do to fall offside?
• Putting it all together - a compare & contrast with examples
• Bonus Issue (time permitting) - Craig vs. the Queen - restricted farm losses

Note: This webinar took place on October 1, 2013.

If you would like more details about this product, or would like to order a copy online, please click here.

Trusts have become extremely valuable tools when planning for the continuance of a person's estate, and are often used in business succession planning as well. For example, discretionary trusts are one of the most flexible tax planning tools available. However, there are many types of trusts, and each can be used to tailor specific planning needs.



Just as trusts are a valuable tool, there are also many tax and legal traps that one needs to be cognizant of when using them in client situations. For example, the very creation of the trust can be particularly troublesome if it is not set up with the correct attributes or if assets are not transferred to it correctly.

This 2 hour webinar will provide a practical and complete overview of the legal definitions and considerations of various trust types, as well as reviewing important tax considerations when planning with trusts. Examples of suggested tax planning structures and related tips will also be provided.



More specifically, topics covered will include:

• What elements are required for a properly created trust
• Tax issues to review when creating a trust and in particular the tax attribution rules
• Review of types of trusts used in estate and business planning - including insurance trusts, spendthrift trusts, asset protection trusts, private foundation trusts and trusts created for probate and estate tax minimization and income splitting
• Change of trustees - change of control from a tax perspective
• What are the tax and other limitations of amending a trust once created
• What ongoing obligations do trustees have to beneficiaries, including reporting and trust accounting

 

 

If you would like more details about this product, or would like to order a copy online, please click here.

Webinar information current as of November 5, 2009

Barry Reiter and a panel of experts provide a closer look at the key legal developments influencing Canadian Corporate Counsel today.

Key Learning Objectives

1. You will understand how recent developments in internet and privacy law have changed how businesses operate
2. You will be aware of how the employee/employer relationship has changed as a result of recent developments in employment law
3. You will be cognizant of the curent changing and challenging environment in which in-house counsel operate and how they must respond to a variety of external and internal challenges
4. You will understand why changes to the Competition Act, the current scrutiny of executive compensation, privilege and access to information requests, and the move to IFRS require your attention.

Panel of experts

Barry Reiter - Chair, Technology, Media and Entertainment Group and Chair, Corporate Governance and Director Protection Group, Bennett Jones LLP
Robert Fabes - Assistant General Counsel, Legal Affairds, Canada Post
Anne Fitzgerald - Senior Vice President, General Counsel and Corporate Secretary, Cineplex Entertainment
Andrea Wood - Chielf Legal Officer, Globalive Wireless Management Group

Format

The following is required to access the archived webinar:

• Flash Player installed in your computer
• Internet Connection
• Sound Card

The webinar consists of a recording only of the live event. There is no time limitation in usage, you can play, pause and stop the presentation at your convenience.

If you would like more details about this product, or would like to order a copy online, please click here.

Interested in Reporting Foreign Property on the T1135, but missed the webinar that took place on May 5, 2014? Here is your chance to purchase the webinar recording.

The CRA has extended the filing deadline for the T1135 to July 31, 2014. If you will be preparing T1135 forms for T1 clients after tax season, have to prepare T1135 forms for corporations or just want to make sure that you filed your T1135s correctly, then view this webinar for an analysis of the revised T1135.

Maureen Vance, CPA, CA, a tax consultant with Wolters Kluwer CCH will explain the new reporting requirements on the T1135 and your reporting options, and will also review what constitutes Specified Foreign Property.

The webinar archive will include the following topics:

• New T1135 requirements
• Recap of the definition of Specified Foreign Property
• The T3/T5 exclusion explained
• The 2013 Transitional Reporting method
• Choosing between the T3/T5 exclusion and the transitional reporting method
• Filing the T1135
• 2014 year ends
• Penalties and extended reassessment
• Q&A

Target Audience

This archive webinar will be of interest to all professionals who prepare a T1135 for a taxpayer, whether the taxpayer is an individual, corporation, trust or partnership.

This Webinar Includes: 

• 30 days to review the webinar recording
• PDF version of the presentation slides

 

If you would like more details about this product, or would like to order a copy online, please click here.

This 3-hour recorded Webinar is entitled "Preparing and Conducting a Consultation with CCH Profit Driver." It is a high energy, informative session led by Mark Holton: an internationally renowned taxation and business management consultant and an expert in CCH Profit Driver implementation. Step by step you will learn how to become a trusted advisor to your clients, earning additional revenue by providing them with the consultation services they not only want, but need in today's economy.

Here are just some of the topics that will be covered at this important event:

• How to determine which clients are potential prospects for your consultation service
• How to efficiently prepare a consultation using CCH Profit Driver
• How to explain financial formulas using terms that are easy to understand
• How to conduct the ideal consultation
• What your next steps should be after the consultation has been completed
• What your pricing strategy should be for these value-added services
• And more!

Here’s what people have to say about Mark Holton’s sessions:

"Great presentation and good ideas to get going on client meetings."
S. Payment

"Great speaker. Informative and entertaining."
I. Cannon

"Excellent presentation. This will really help me get started with CCH Profit Driver."
G. Andrews

If you would like more details about this product, or would like to order a copy online, please click here.

One of the tax planning strategies often employed in estate planning involves the use of an estate freeze to transfer future growth in assets to the next generation. Estate freezes come in many forms, and each bears its own unique set of risks and complexities.

Join the tax lawyers of Minden Gross LLP for a practical two-part discussion of estate freezes. This webinar will highlight some of the topics found in CCH's "Implementing Estate Freezes", authored by David Louis of Minden Gross. More particularly, the first part of this webinar series will review the "why's" and "how-to's" of implementing estate freezes, and provide guidance on avoiding common traps associated with such types of succession plans. More specifically, topics covered in Part 1 will include:

• What is an estate freeze?
• When should a freeze be implemented?
• Basic configuration
• Share provisions
• Section 85 vs section 86 freezes
• Common pitfalls
• The use of trusts
• Tax traps associated with estate freezes

Part 2 of this series will air during the winter semester. Details can be found at [link coming later].

If you would like more details about this product, or would like to order a copy online, please click here.

By popular demand, we are now offering an archived version of the webinar GST/HST & Real Property Transactions that took place on November 20, 2014.
 
Although many GST and HST concepts are well understood by taxpayers, many of the real property rules are less well known. The rules associated with real property are complicated, having led even tax practitioners astray, and the dollar values of these transactions are usually high. Accordingly, audit activity in the sector is also high and GST/HST errors have led to costly CRA reassessments.

Although many GST and HST concepts are well understood by taxpayers, many of the real property rules are less well known. The rules associated with real property are complicated, having led even tax practitioners astray, and the dollar values of these transactions are usually high. Accordingly, audit activity in the sector is also high and GST/HST errors have led to costly CRA reassessments.

This archived webinar will provide a practical understanding of the complex rules for real property transactions and the current issues faced by the industry in applying the GST/HST in the development, construction and sale of real property.

Topics specifically covered include:

• Current state of affairs
• Bare trustees
• Joint ventures
• Partnerships
• Sales of vacant land
• Self-assessments
• New housing rebates
• Rental property rebates
• Documentary requirements for input tax credits

By purchasing this archive webinar, you will receive:

• 30 days to review the webinar recording 

• PDF version of the presentation slides

Our Speaker: 

Wayne Mandel, PwC LLP

Wayne Mandel is an Indirect Tax Manager with PricewaterhouseCoopers LLP. He specializes in the Goods and Services Tax and the Harmonized Sales Tax and has concentrated his area of practice primarily in the real estate sector. Wayne has provided advice and interpretation on a wide range of issues and has also provided assistance to clients in preparing for government audits, support during the audit process and resolving assessment issues. Wayne has experience in the appeals process and making submissions under the government's taxpayer relief provisions. He has delivered numerous presentations to clients on changes and new developments in these taxes.

If you would like more details about this product, or would like to order a copy online, please click here.

By popular demand, we are now offering an archived version of the webinar Death and Taxes - When Life's Two Certainties Collide that took place on October 28, 2014.

Many a joke has turned on the axiom about the certainty of death and taxes. However, when the first precipitates the second, the resulting complexities are anything but humorous. The planning opportunities and potential complications in planning for those who have a broad base of asset holdings often leave accountants feeling confused and frustrated. Fret no longer.  

In this insightful but concise two-hour archived webinar, Shaun Doody will provide a practical overview of the tax issues and considerations that can arise upon the death of a taxpayer. This includes an overview of the deeming rules invoked on death, the tax treatment of various assets, and some planning opportunities and strategies available to deal with these issues.

More specifically, topics covered will include: 

• Overview of taxation on death in Canada
• Income in year of death
• Deemed realization of income at death
• Deemed disposition of assets at death
• Tax treatment of jointly held assets
• Tax treatment of special assets
  • Principal residence
  • Small business corporations
  • Farming and fishing properties
  • Cottage and vacation properties
  • Partnership interests
  • Trust interests
  • Personal use property
• Charitable donations
• Special rules and elections
• Insurance 
  • Corporate owned policies
  • Valuation issues
  • Capital dividend account
• Foreign assets
• Post-mortem tax planning
  • Capital losses of the estate
  • Step up strategy
  • Pipeline strategy
• Taxation of estates
  • Testamentary trusts
  • Testamentary spousal trusts
  • 21-year rule
  • Distributions to non-residents
  • 2014 Budget changes to taxation of estates/testamentary trusts 
• Estate planning
  • Objectives
  • Estate freeze
  • Inter vivos trusts
  • Charitable donations
  • Spousal rollovers
  • Income splitting
• US tax issues

 This archived webinar includes:

• 30 days to review the webinar recording
• PDF version of the presentation slides

Our Speaker: 
Shaun Doody, Tax Lawyer, Fogler Rubinoff LLP

Sha

If you would like more details about this product, or would like to order a copy online, please click here.

Launched in 1985, Arbitration International provides quarterly coverage for national and international developments in the world of arbitration. It aims to maintain balance between academic debate and practical contributions to the field, providing both topical material on current developments and analytic scholarship of permanent interest. Arbitrators, counsel, judges, scholars and government officials will find the journal enhances their understanding of a broad range of topics in private dispute resolution.

Features include:

• Articles covering all major arbitration rules and national jurisdictions written by respected international practitioners and scholars
• Cutting edge notes covering recent developments and ongoing debates in the field
• Book reviews of the latest publications in the world of arbitration
• Over 100 pages of authoritative information per issue, maintaining an appropriate balance between controversial subjects for debate and topics geared toward practical use

The journal meets the needs of lawyers and others engaged in the development and application of international arbitration as a means of international commercial dispute resolution.

If you would like more details about this product, or would like to order a copy online, please click here.

Published: October 2011

Advocacy in international arbitration is the focus of this collection of articles emanating from the twentieth Congress of the International Council for Commercial Arbitration (ICCA) held in Rio de Janeiro in 2010.

The topics addressed by renowned arbitration practitioners and scholars in Arbitration Advocacy in Changing Times include:

• Effective advocacy in arbitration
• The advocate's role at different stages of arbitration proceedings
• The role of experts
• Arbitration advocacy and Constitutional law
• Advocacy and ethics in international arbitration

The volume also contains a new approach to expert evidence – the Protocol on Expert Teaming – and closes with a proposal for an International Code of Ethics for Lawyers Practicing Before International Arbitral Tribunals.

If you would like more details about this product, or would like to order a copy online, please click here.

Published: May 2012

Arbitrating Under the 2012 ICC Rules: An Introductory User's Guide is structured so as to follow the sequence of events that would typically take place in the resolution of a dispute by arbitration.

Following a discussion of preliminary matters, the authors go on to describe the process leading from negotiation to arbitration, the initial decisions that may be taken by the ICC International Court of Arbitration, and the different steps in the proceedings before the arbitral tribunal. The book concludes with a discussion of the award and its enforcement.

Focusing on the 2012 ICC Rules – which apply to all ICC arbitrations commenced on or after 1 January 2012 unless the parties have agreed that an earlier version should apply – this book serves the needs of the following parties:

• Those who want a full introduction to the topic of ICC arbitration
• Those who already have a good understanding of how ICC arbitration worked under the old 1998 ICC Rules but are looking for an update on the new 2012 ICC Rules
• Those who need to take a decision on whether to opt for ICC arbitration
• Those who have opted for ICC arbitration and need to draft an ICC arbitration clause
• Those who are actually faced with the prospect of an ICC arbitration

Extensive references to relevant books, articles, websites and other resources as well as a comprehensive glossary further enhance the book's practical value.

If you would like more details about this product, or would like to order a copy online, please click here.

Published: March 2009

It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice.

Although Arbitrability: International and Comparative Perspectives takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards.

The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law.

This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added.

The subject of the book – arbitrability – is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.

If you would like more details about this product, or would like to order a copy online, please click here.

The authority of Antitrust Law is second to none. It has been cited more than 50 times by both the Supreme Court and FTC and more than 1,000 times by the federal courts. Most recently it was cited by the Supreme Court in Pacific Bell v LinkLine Communications.

No other source gives you all the law to avoid antitrust liability as you plan marketing strategies, develop pricing policies, structure mergers and prove - or defend against - antitrust injury, monopolization, conspiracy and other allegations. It includes real-world examples and in-depth examination of thousands of cases.

In 2008, the USDOJ Antitrust Division presented Hovenkamp with the prestigious John Sherman Award. This annual award is given for outstanding contributions to the field of antitrust law, the protection of American consumers and the preservation of economic liberty.

The latest release includes Volumes 3, 3A and 3B of the Third Edition, which have been revised and greatly expanded.

Table of Contents:

• Chapter 1: Objectives of the Antitrust Laws
• Chapter 2: Domain of the Antitrust Laws: Jurisdiction, Immunities, and Exclusion from Coverage
• Chapter 3: The System of Remedies: Basic Issues
• Chapter 4: The Economic Basis for Antitrust Policy
• Chapter 5: Market Power and Market Definition
• Chapter 6: Monopolization
• Chapter 7: Monopolization: Particular Exclusionary Practices
• Chapter 8: Power and the Power-Conduct Relationship in Monopolization and Attempt
• Chapter 9: Mergers: Generally and Horizontal
• Chapter 10: Vertical Mergers
• Chapter 11: Conglomerate Mergers
• Chapter 12: Partial Acquisitions and Post-Acquisition Evidence
• Chapter 13: Interlocking Directors
• Chapter 14: Conspiracy, Horizontal and Vertical
• Chapter 15: "Rule of Reason" and "Per Se Rule" - General Issues
• Chapter 16: Vertical Distribution Restraints Limiting Intrabrand Competition
• Chapter 17: Tying Arrangements
• Chapter 18: Exclusive Dealing and Related Practices
• Chapter 19: Horizontal Agreements: An Introduction
• Chapter 20: Horizontal Agreements Limiting Participants' Output
• Chapter 21: Horizontal Agreements Facilitating Development, Production, or Distribution
• Chapter 22: Horizontal Agreements Excluding Rivals
• Chapter 23: The Robinson-Patman Act
• Chapter 24: State Antitrust Law: A Brief Introduction
• Complete Table of Contents
• Chapter Table of Cases
• Index

 

If you would like more details about this product, or would like to order a copy online, please click here.

The Alternative Dispute Resolution Practice Manual has been carefully compiled to give you everything you need to speed up the resolution of disputes in the following practice areas:

• Commercial Law
• Insurance Law
• Environmental Law
• Family Law
• School Mediation
• Employment and Labour Law
• Landlord and Tenant Law

Key topics include:

• Dispute Resolution Spectrum
• Arbitration
• Mediation
• Mini-trials
• Negotiation
• Liability of ADR Neutrals
• Court-annexed ADR
• Preparing for and Attending Mediation
• ADR in the Workplace

The manual also provides checklists, legislation, rules of various arbitration and mediation organizations, selected international material, a directory of dispute resolution centers and services, as well as sample agreements, clauses and practical “how to” advice. Included with your subscription is the quarterly newsletter, ADR Forum.

Number of Volumes: 2

If you would like more details about this product, or would like to order a copy online, please click here.

Philip Wilson

The comprehensive resource puts 50 comparative performance indicators at the practitioner's command and covers all of North America (U.S., Canada, and Mexico) using NAICS data. The Almanac provides financial information that is calculated and derived from the latest available IRS data on nearly 5 million U.S. and international companies. The Almanac gives you accurate performance data for 50 operating and financial factors in 199 industries.

Data for each industry is divided into 13 categories based on company size, so you'll find a precise benchmark against which to measure any company's performance. One quick glance at the appropriate field of business and company-size category and you've found the definitive starting point for competitive performance analysis. The Almanac provides competitive norms in actual dollar amounts for revenue and capital factors, such as net receivables, net property, inventories, total assets, portfolio income, and more. It then gives you important average operating costs in percent of net sales, including cost of operations, pensions and benefits, interest, and more.

The Almanac provides ratios for industry-wide results for inventory turnover, current assets to working capital, quick ratio, asset turnover, and others. It also provides other critical financial factors in percentages, including debt ratio, return on assets, and return on equity, and profit margin.

It comes complete with a CD that contains a special Excel Spreadsheet Template that can be used to input data on a given company to see how a company compares with the data provided in the Almanac.

The book is organized by the following major industry sectors, which in turn cover 199 industries, including:

• Agriculture, forestry, fishing, and hunting
• Mining
• Utilities
• Construction
• Manufacturing
• Wholesale trade
• Retail trade
• Transportation and warehousing
• Information
• Finance and insurance
• Real estate and rental leasing
• Professional, scientific and technical services
• Management of companies (holding companies)
• Administrative and support and waste management and remediation services
• Health care and social assistance
• Arts, entertainment and recreation
• Accommodation and food services
• Other services (including repair and maintenance, automotive repair and maintenance, personal and laundry services, and religious, grant-making, civic, and professional organizations)

8 ½" x 11"   824 pages

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