Norwich Orders: A Tool for Tracing and Protecting Assets When Having Fallen Victim to Fraud
Corporate Liability
Vancouver v. Ward: The Supreme Court Upholds Damages as a Charter Remedy
For many years now, section 24(1) of the Charter of Rights and Freedoms (the “Charter”) has provided criminal trial courts with the jurisdiction to award costs to defendants against the Crown when their Charter rights have been infringed. The justification...
Are You Drafting an Agreement to Commit a Crime?
A number of written agreements, such as those for the purchase and sale of interests in a business, contain non-competition provisions. Some of these provisions may be agreements to commit a criminal offence under the Competition Act (the “Act”). After...
New Legislation in the U.K. Increases the Need for Anti-corruption Procedures
Earlier this year, the U.K. enacted new legislation which should be of concern to Canadian companies operating internationally. In the U.K., the Bribery Act 2010 introduces new concepts to anti-corruption regulation that will affect any Canadian company with operations in...
The Crown Duty to Disclose in Criminal Proceedings: R v McNeill
In the year that has passed since the Supreme Court of Canada decision in R v Neill, the extent of the impact of decision on the Crown obligation to disclose has become clearer. Crowns, defence lawyers, witnesses and accused have...
Government Bill Proposes Mandatory Sentences for Serious Frauds
Justice Minister Rob Nicholson stated that proposed amendments to the sentencing provisions of the Criminal Code, which were reintroduced in Parliament on May 3, 2010, were designed “to ensure that people who devise and carry out serious fraud offences receive...
The Tax Shelter Business: Big Rewards, Now Bigger Risks
Tax shelters have been around for a long time. The developers and marketers of these arrangements do extremely well. For years, the Canada Revenue Agency (the “CRA”) has been trying to shut down the more undesirable tax shelter arrangements. Who doesn’t...
The Miller Thomson Foundation: Sixteen Years as a Proud Supporter of Post-Secondary Education in Canada
Since its formation in 1995, The Miller Thomson Foundation has awarded scholarships totalling $2,550,000 to 2,550 promising students pursuing post-secondary education in Canada. Gerald Courage, Chair of Miller Thomson LLP, along with Gary G. Campbell, Q.C. and The Rt. Hon....
