No. 37 (December 2011)
- Third Harmonization Act in Force – Royal assent granted on November 29, 2011
- Common Law Gift – The Ontario Court of Appeal overturns the lower court ruling in McNamee and finds that
"gift"
established in the circumstances
- Case Updates – SCC will hear Quebec revenue agency's appeal in Services Environnementaux AES inc. and agrees to hear motions for reconsideration of the applications for leave to appeal in the Antle and The Renée Marquis-Antle Spousal Trust cases
- Extended Tax Group – Meeting held September 14, 2011
- Recent Publications – Two articles of interest, by Professor Aline Grenon and by Mr. Edmund Coates, and the launch of an improved Bijurilex website
- Submissions Available on OECD Website – Consultation period on the OECD
"beneficial owner"
proposals ends
(Read article) (PDF version - 311 kb, PDF Help)
No. 36 (July 2011)
"Beneficial Owner"
for Tax Treaty Purposes – Under consideration by OECD and the TCC
- Employment status – Agreement on result but judicial debate over methodology continues
- Fishing licences are
"property"
for purposes of the Income Tax Act – The Queen v. Haché, 2011 FCA 104
- Common Law Gift – Two recent cases find no gift established
- Rectification under the Civil Code of Quebec – Affirmed by the Quebec Court of Appeal in Services environnementaux AES inc., 2011 QCCA 394
(Read article) (PDF version - 68 kb, PDF Help)
No. 35 (January 2011)
- Federal Law–Civil Law Harmonization Act, No. 3 – Bill S-12 receives first reading in the House of Commons
- New Quebec Business Corporations Act – Coming into force February 14, 2011
- Flow-through of Tax Attributes Achieved Through Provincial Law – Envision Credit Union v. The Queen, 2010 TCC 576
(Read article) (PDF version - 54 kb, PDF Help)
No. 34 (October 2010)
- Provincial Exemptions from Seizure Upheld by Alberta Court – Mutter (Re.), 2010 ABQB 312
- Recent Publications – Two new articles of interest, by Professor Benoît Pelletier and by Me France Allard
- Federal Law–Civil Law Harmonization Act, No. 3 – Bill S-12 tabled in Senate
- Draft Tax Legislation – July 16, 2010 Legislative Proposals Provide for Bijural Expression in the Income Tax Act
- The 10th Edition of the Program of Research Contracts on Canadian Bijuralism
(Read article) (PDF version - 57 kb, PDF Help)
No. 33 (June 2010)
- Extended Tax Group Meets – A forum for exchange on bijural issues
- Statutory Set-off at Section 224.1 ITA
"a complete departure from the civil law concept of compensation"
– Bertrand Bouchard v. AG Canada, 2009 FCA 321
"Beneficiary"
broadly defined – The Quenn v. Propep inc., 2009 FCA 274
- ETA Subsection 123(1)
"Security interest"
– DMRQ v. Polymère Epoxy-Pro inc. and Frare & Gallant Ltée, 2009 FC 912
- The Velcro Canada case moves ahead – Is a resident of the Netherlands the
"beneficial owner"
of royalties arising in Canada?
- Recent Publication – Professor David Duff's arguments in favour of a statutory definition of
"acquisition"
(Read article) (PDF version - 54 kb, PDF Help)
No. 32 (September 2009)
- The other principle of legislative bijuralism – Caisse populaire Desjardins de l'Est de Drummond v. The Queen, 2009 SCC 29
- Cabinet Directive on Law-making – A tenth anniversary for the directive which plays a critical role in the recognition and application of bijural principles
- The 2009 edition of the Program of Research Contracts on Canadian Bijuralism is launched – Deadline for the submission of research proposals: December 1, 2009
(Read article) (PDF version - 49 kb, PDF Help)
No. 31 (June 2009)
- Criteria for distinguishing an employee from a contractor in civil law – Grimard v. The Queen, 2009 FCA 47
- The meaning of beneficial owner for tax treaty purposes – No appeal from The Queen v. Prévost Car Inc., 2009 FCA 57
- Legislation – S.C. 2009, c. 2, s. 76(5) solves problems brought to light by the Thibault case
(Read article) (PDF version - 48 kb, PDF Help)
No. 30 (April 2009)
- Jurisprudence – Court of Appeal rejects Crown appeal in Prévost Car Inc.
- International – Advisory Panel releases its findings on Canada's system of international taxation
- Income Tax Act – Analysis of the concept of acquisition underway
- Harmonization Legislation – Measures in former Bill C-10 not yet re-introduced
(Read article) (PDF version - 48 kb, PDF Help)
No. 29 (October 2008)
- Bijuralism and the Interpretation of International Agreements – Focus on the undefined terms in Canada's tax treaties
- National Conferences – Canadian Institute for the Administration of Justice
- Harmonization Legislation – Bill C-10 ceases to exist with dissolution of Parliament
(Read article)
No. 28 (July 2008)
- June 4, 2008: Extended Tax Group Convened – An opportunity to discuss the concepts of
"acquisition"
, "heirs"
, "estate"
, "trust"
under the civil law of Quebec, and "gift"
- Workshop on Bijuralism – Department of Justice presents a workshop at 53rd Quebec Bar Association conference
- Harmonization Legislation – Bill C-10 before Senate
(Read article)
No. 27 (March 2008)
- Consultation Period – Third series of proposals to harmonize federal law with the civil law of the Province of Quebec (February 1, 2008-April 30, 2008)
- Revue juridique Thémis – A second special issue of the Revue juridique Thémis produced in collaboration with the Department of Justice Canada was launched on February 20, 2008. This special issue (Volume 42, Nos. 1 and 2 - 2008) is devoted to harmonization and bijuralism issues related to the Canada Business Corporations Act
(Read article)
No. 26 (January 2008)
- Application for leave to appeal dismissed – The Minister of National Revenue v. Combined Insurance Co. of America
- Supreme Court of
Canada dismisses appeal – A.Y.S.A. Amateur Youth Soccer Association v. Canada Revenue
Agency
- Harmonization Legislation – Bill C-10 replaces Bill C-33
(Read article)
No. 25 (April 2007)
- Recent decision on bijuralism – Combined Insurance Co. of America (FCA)
- Appeal before the Supreme Court of
Canada – A.Y.S.A. Amateur Youth Soccer Association v. Canada Revenue
Agency
- Harmonization Legislation – Bill C-33 at second reading before the House of Commons
(Read article)
No. 24 (June 2006)
- Publication on Bijuralism (I) – Comparative law article on the doctrine of rectification of contracts
- Publication on Bijuralism (II) – Column on recent tax caselaw and on the Supreme Court of Canada decision in D.I.M.S v. A.G. Québec
- Presentation –
Recent tax case law
(Read article)
No. 23 (December 2005)
- Recent caselaw on bijuralism (I) – 9041-6868 Québec inc. (FCA)
- Recent caselaw on bijuralism (II) – 9079-6038 Québec inc. (TCC)
- Publication – Column on the
second harmonization act
- Index
of Bijuralism and Harmonization Caselaw
(Read article)
No. 22 (October 2005)
- Seminar on the Harmonization of
Federal Tax Legislation and Canadian Bijuralism – APFF Conference (Summary)
- Publication – Text on
Jurilinguistics
- Comparative Law Presentations
1) Common law rectification orders and the civil law concept of correction
2)
Civil law concepts of simulation counter-letters and the corresponding common
law concepts
(Read article)
No. 21 (July 2005)
- Seminar on the Harmonization of
Federal Tax Legislation and Canadian Bijuralism – APFF Conference (October
5, 2005)
- Harmonization Legislation –
Release of Revised Legislative Proposals
- Canadian Legislative Bijuralism Website – Bijurilex
(Read article)
No. 20 (March 2005)
- Canadian
Legislative Bijuralism Website – Bijurilex
- Publication – Case comment on the Fiducie Sylvie Vallée and Hewlett Packard Ltd. decisions
(Read article)
No. 18 (November
2004)
- Harmonization
Legislation – Tabling of the Federal Law - Civil Law Harmonization Act,
No. 2 (S-10)
- Publication – Comparative law study on the
civil law leasing and the common law's lease financing
(Read article)
No. 17 (August
2004)
- Caselaw –
Judgements in Fiducie Sylvie Vallée (TCC) and in Hewlett Packard (FCA)
- Research on
Canadian Bijuralism – The limitation of tax debts
- Publication – Column on the option in a bijural context
- Montreal
Conference – Workshop on Bijuralism and Commercial Contracts in the Americas
(Read article)
No. 16 (May
2004)
- Research on
Canadian Bijuralism – Grant of contracts
- Publication – Column on some international aspects of bijuralism
- APFF Seminar on
Trusts – Text is now available
(Read article)
No. 15 (January
2004)
- Publication – Column on legislative bijuralism
- Program for
Research Contracts on Canadian Bijuralism – Grant of a contract for the
study of simulation and counter-letters
- APFF Seminar on
Trusts
(Read article)
No. 14 (November
2003)
- Publication – Article on the concept of
"gift"
(don)
- Research Papers on
Canadian Bijuralism –
"Indefeasibly vested"
and The limitation of tax debts
(Read article)
No. 13 (August
2003)
- Special edition
of the Canadian Tax Journal – Taxation and bijuralism
- Publication – Column on acquisition and disposition
- Program for
Research Contracts on Canadian Bijuralism – Launching of 5th edition of the Program
(Read article)
No. 12 (June
2003)
- Presentation by Professor David Duff on the Income Tax Act and bijuralism
- Research Paper
on Canadian Bijuralism – The limitation of tax debts
- Program for
Research Contracts on Canadian Bijuralism – 5th edition
(Read article)
No. 11 (April
2003)
- Caselaw –
Judgement in Markevich v. Canada (SCC)
- Publication – Column on the dissociation of federal tax legislation
(Read article)
No. 10 (January
2003)
- Publication – Launching of the Collection of Studies in Tax Law
- Publication – Column on the complementarity of federal tax legislation with provincial
private law
- Research Contracts on Canadian Bijuralism – Concept of beneficial ownership
(Read article)
No 9 (October 2002)
- Publication – Launching of the Collection of Studies in Tax Law
- Workshop on
Bijuralism – CTF Conference (October 2002)
- Caselaw –
Hearing of appeal in Markevich
(Read article)
No. 8 (September 18, 2002)
- Caselaw –
Judgement in Schreiber v. Canada (SCC)
- Workshop on
Bijuralism – CTF Conference (October 2002)
- Publications –Collection of studies on Canadian bijuralism
(Read article)
No. 7 (July 5,
2002)
- Harmonization
Legislation – Royal assent given to An Act respecting the taxation of
spirits, wine and tobacco and the treatment of ships' stores (Bill C-47)
- Research
Contracts on Canadian Bijuralism – Grant of a contract for the study of the
limitation of tax debts
- Workshop on
Bijuralism – CTF Conference (October 2002)
- Publication – Column on the St-Hilaire decision and on bijural terminology records
(Read article)
No. 6 (April 11,
2002)
- Harmonization
Legislation – Bill C-47, An Act respecting the taxation of spirits, wine
and tobacco and the treatment of ships' stores (First reading)
- Publications – Preparation of a collection of studies on Canadian bijuralism and column on
harmonization
(Read article)
No. 5 (February
4, 2002)
- Publication – Bijural Terminology Records
- Harmonization
Legislation – Bill C-47, An Act respecting the taxation of spirits, wine
and tobacco and the treatment of ships' stores (First reading)
- Publications – Research paper on Canadian bijuralism dealing with the retroactive effects of
civil law conditional obligations and first column on the harmonization of
federal legislation (APFF review)
(Read article)
No. 4 (November
20, 2001)
- Change of name
of the Section and integration into the Legislative Services Branch
- Harmonization
Legislation – Royal assent given to An Act to amend the Customs Act and
to make related amendments to other Acts (Bill S-23)
- Research
contracts on Canadian Bijuralism – Grant of a contract for the study of
"vested indefeasibly"
- Publication – Second Collection of Studies on the Harmonization of Federal Legislation with
Quebec Civil Law and Canadian Bijuralism
(Read article)
No. 3 (September
11, 2001)
- APFF Seminar – Harmonization of Tax Laws and Bijuralism
- Court Decision – English version of the judgment in St-Hilaire now available
(Read article)
No. 2 (July 11,
2001)
- Harmonization
Legislation – Royal assent given to the Income Tax Amendments Act, 2000 (C-22)
- Publication – Bijural Terminology Records
- Court Decision – Federal Court of Appeal judgement in St-Hilaire v. Canada
(Read article)
No. 1 (May 25,
2001)
- Harmonization
Legislation – Adoption of the Federal Law - Civil Law Harmonization Act,
No. 1
- Harmonization
Legislation – Bill C-22: Income Tax Amendments Act, 2000
- Collection of
studies – Publication of the second collection of studies on Canadian bijuralism
(Read article)