Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Some News on the Canada-EU CETA Negotiations - Ontario Is the Problem Child

Doug Saunders has written an article in Canada's Globe and Mail newspaper entitled "Ontario foot-dragging imperils Canada-EU trade pact, officials say", which appeared on March 31, 2010. Please go to the following link -...

The GST Changes Re "Financial Services" Are in Bill C-9

This is an unusual post for us - Bill C-9, "The Jobs and Economic Growth Act", which puts into legislation the Notice of Ways and Means Motion tabled with the 2010 Budget DOES INCLUDE THE CONTROVERSIAL CHANGES TO THE DEFINITION...

Lesson Learned From Rio Tinto Convictions: Doing Business in China Is Like Walking In The Dark

Many North American business people (and business people from the far corners of the Earth) go into China with blinders on. They see the money signs in front of them and do not look for the dangers.

The convictions on March 29,...

Canadian Companies Doing Business With Iran Should Prepare For New Sanctions

Canada's role in promoting new United Nations Security Council Resolutions against Iran is public. Canada will be hosting the G8 leaders on March 29-30, 2010 in Gatineau, Quebec (near Ottawa, Ontario).

Canada's Foreign Affairs...

The Brison Amendment to the Canada-Colombia FTA Will Put Canadian Companies in Colombia Under A Microscope

On March 24, 2010, an opposition MP, Liberal Scott Brison, spoke in Canada's House of Commons about an amendment to the Canada-Colombian Free Trade Agreement (or Side Agreements on Labour and Environment) that he had negotiated...

Canada's Foreign Extraterritorial Measures Act Creates Catch-22 for Cuba Trade

I have been intending to write another Foreign Extraterritorial Measures Act (Canada) ("FEMA") post for some time. I informed an U.S export controls lawyer of this intention earlier this week as I was being asked a FEMA...

HST Place of Supply Rules for Lawyers and Those Who Provide Litigation Services

The HST place of supply rules include a specific rules for "services rendered in connection with litigation". This rule applies to lawyers, process servers, transcription service providers, those who provide expert opinions in...

Canada Border Services Agency Concludes Reinvestigation in Certain Fasteners AD/CDV Case

On March 24, 2010, the Canada Border Services Agency (CBSA) concluded its reinvestigation of normal values and export prices relating to certain carbon steel screws from China and Chinese Taipei (Taiwan). The reinvestigation was...

Canadian Interests Coalition Asks for RCMP To Look Into Alleged Bribery of Foreign Public Officials by Blackfire

Straightgoods.ca has reported that in March 2010 a coalition of Canadian citizen organizations concerned with the mining industry (Canadian NGOs and labour rights groups including Common Frontiers-Canada, MiningWatch Canada, the...

Canada's CITT Makes Split Injury Finding in OCTG AD/CVD Case

On March 23, 2010, the Canadian International Trade Tribunal announced it has found that the dumping and subsidizing of oil country tubular goods from China that are coupling stock had not caused injury or retardation and were...

Canada Border Services Agency Initiates Antidumping Case Against Greehouse Bell Peppers from the Netherlands

On March 22, 2010, the Canada Border Services Agency (CBSA) initiated an antidumping case against greenhouse bell peppers from the Netherlands. I should start with a caveat that Geoff Kubrick of Lang Michener LLP filed the...

Canadian International Trade Tribunal Refuses to Grant Extension of Time to File Customs Appeals

On March 12, 2010 (posted on the CITT web-site on March 22, 2010), the Canadian International Trade Tribunal (CITT) released a decision in the National Food Distribution Centre (EP-2009-002) in which the CITT refused to grant an...

HST Place of Supply Rules for Services - Application of HST is Based on the Recipient's Address

Harmonized Sales Tax (“HST") will become a reality in Ontario and British Columbia on July 1, 2010. Notwithstanding, some businesses will be required to start collecting HST on May 1, 2010.

Businesses in the HST Zone (HST Zone...

Treat Border Guards With Extreme Respect - Your Freedom Is In Their Hands

When travelling to the Canada-United States Border (or any border crossing for that matter), remember to be humble, remember to be respectful, remember that the border officers have great power. Have you been in the military? ---...

GST & Real Property - Seller Beware

The Canada Revenue Agency (CRA) has said on many occassions that the onus is on a vendor of real property to verify that the purchaser is registered for goods and services tax (GST) purposes. The CRA has assessed...

Canada Imposes Different Rates of Customs Duty Depending on Origin of Goods

The rates of duty for goods are set by the Department of Finance and are set out in Schedule I of the Customs Tariff (Canada). Depending on the origin of the good at issue, a different tariff treatment will apply. The Customs...