Jeffrey Carhart appears in German documentary program
ZDFzoom
Jeff Carhart was recently interviewed for the German documentary program ZDFzoom, commenting on the financial crisis. Watch the video. His segment begins at 23:30. (Program is in German.)
Lenders and their Counsel Walking on Sunshine: Court of Appeal Clarifies Section 4 of the Interest Act in Solar Power Decision
Introduction On September 4, 2018, Ontario’s Court of Appeal released its much anticipated decision in the case of Solar Power Network Inc. v. ClearFlow Energy Finance Corp.[1] In the original decision, an application judge found that the use of an...
Secured Creditor’s Priority Over Unremitted GST/HST: SCC Grants Callidus Capital Corporation Leave to Appeal
On March 22, 2018, the Supreme Court of Canada granted Callidus Capital Corporation (the “Secured Creditor”) leave to appeal the Federal Court of Appeal decision that interpreted subsection 222(3) of the Excise Tax Act (Canada) (the “ETA”) as giving the...
FCAC Releases Report on the Retail Sales Practices of Canada’s Big Six Banks
On March 20th 2018, the Financial Consumer Agency of Canada (FCAC) released a report regarding the sales practices of Canada’s “big six” banks (BMO, Bank of Nova Scotia, CIBC, National Bank, RBC, and TD). The FCAC is the regulator responsible...
The Solar Power Decision: A Matter of Interest
Introduction On January 10, 2018 the Ontario Superior Court of Justice released its decision in Solar Power Network Inc. v ClearFlow Energy Finance Corp, 2018 ONSC 7286; leave to appeal granted on February 15, 2018 (the “Solar Decision”). This decision,...
Securing Water Rights: Analyzing the Water Act, Case Law and Lessons for Lenders in Alberta
Water rights vary from province to province; in Alberta water rights are primarily covered by the Water Act (the “Act”).[1] Under the Act, there are three primary ways that an agricultural business may divert water: Water License Exempted Agriculture User...
Another Harsh Lesson Learned Under the Farm Debt Mediation Act – This Time by a Landlord: HCI Ventures LTD. v. S.O.L. Acres (2017 SKQB 264)
Introduction In a previous Communique post entitled Things You May Not Know About the Farm Debt Mediation Act, we discussed several aspects of how the federal Farm Debt Mediation Act (referred to throughout as the “FDMA” or the “Act”) operates,...
Saskatchewan Court of Appeal confirms that emails can extend limitation periods under the Limitations Act
In a previous article, we wrote about the decision in I.D.H. Diamonds NV v Embee Diamond Technologies Inc., 2017 SKQB 79, where Mr. Justice Layh held: a) that the sort of informal email discussions that are commonplace in today’s business...
Changes Proposed to the Oversight of Retail Payments in Canada
This summer the federal Department of Finance released a discussion paper regarding the oversight framework for retail payment systems in Canada. The paper proposes a number of changes to the way the retail payment systems in Canada are regulated. These...
Ontario Bill 154: Perfection by VIN
On September 14th Ontario Bill 154, Cutting Unnecessary Red Tape Act, 2017 passed first reading. The Bill has various Schedules with the names of each Ministry responsible for the statutes being amended or provisions repealed by each Schedule. Schedule 9, the schedule that deals...
