Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canadian International Trade Tribunal Agrees With Importer That Bows Are Festive

On May 27, 2011, the Canadian International Trade Tribunal (CITT) issued its decision in Danson Decor Inc. v. The President of the Canada Border Services Agency (AP-2009-066) in which it sided an importer who sought a refund...

Sterling Resources Ltd. Files Notice of Dispute Under Canada-Romania FIPPA

Sterling Resources Ltd, a Canadian listed company, has issued a press release to inform investors and interested persons that on June 20, 2010 it has filed a Notice of Dispute under the Canada-Romania Foreign Investment Promotion...

Canada Post Strike Makes Filing Ontario Retail Sales Tax Appeals and Objections Multi-Step

Subsection 24(3) of the Retail Sales Tax Act (Ontario) (ORSTA) requires that a notice of objection be served on the Minister by sending the notice of objection by registered mail.  Subsection 25(3) of...

Who is Caught By Canada's Economic Sanctions and Trade Restrictions Against Libya?

Canada has imposed wide reaching economic sanctions and trade restrictions against Libya. Canada has two sanctions regimes in place against Libya:

1) Multilateral sanctions as agreed by the United Nations imposed pursuant to the...

Canada Is Likely To Freeze Assets of Libyan Regime (Soon)

On June 14, 2011, the Canadian House of Commons voted to recognize the Libyan rebel government, the National Transitional Council (TNC) as the legitimate representative of the Libyan people.

What this means is that the...

Who is Caught By Canada's Economic Sanctions and Trade Restrictions Against Iran?

Canada has imposed wide reaching economic sanctions and trade restrictions against Iran. Canada has two sanctions regimes in place against Iran:

1) Multilateral sanctions as agreed by the United Nations imposed pursuant to the...

Park Doctrine and FDA Enforcement

Last summer, FDA management warned industry the Agency was planning to find ways to use an old court decision, U.S. vs. Park, 421 U.S. 658 (Sup. Ct. 1975), to increase its enforcement arsenal. In that case, an executive at a food...

Case Against Former GSK Lawyer Dies

Former GSK Lawyer Exonerated

Last March we talked about the charges against former GlaxoSmithKline lawyer Lauren Stevens being dismissed. Shortly thereafter, charges were refiled and the case went to trial. (Ms. Stevens had...

Partners/Partnerships Are Tricky With GST/HST

Partners and partnerships are different legal entities for goods and services tax (GST) / harmonized sales tax (HST) purposes. Pursuant to subsection 123(1) of the Excise Tax Act (Canada), a partnership is a "person".  ...

Is It Time For Canada To End Economic Sanctions/Trade Restrictions Against Burma (Myanmar)?

This is difficult question. Should the Government of Canada cancel the unilateral economic sanctions/trade restrictions imposed against Burma pursuant to the Special Economic Measures Act (Canada) and the Special Economic...

Can a "Purchaser in Canada" for Canadian Customs Purposes Change Status?

Can a "purchaser in Canada" as that term is defined for customs purposes in Canada undergo changes and no longer satisfy the criteria in the Value for Duty Regulations?  Yes

Subsection 48(1) of the Customs Act (Canada)...

Export Development Canada Asks For Signed Declaration Re Anti-Corruption Compliance

The Export Development Corporation (EDC) asks entities with which it does business to make certifications regarding compliance with Canadian and other anti-corruption/anti-bribery laws.  Pursuant to the Corruption of Public...

The Gloves Come Off: The Canada Border Services Agency Continues to Target Glove Imports

As discussed in my May 28, 2011 blog post entitled "The CBSA's Trade Compliance Post Release Verification Hit List of 2011", the Canada Border Services Agency is targeting gloves for tariff classification and tariff treatment....

Amalgamations and GST/HST

Amalgamations are the combining of one or more corporation to form a new entity.  For example, Corporation A and Corporation B can amalgamate under corporate laws to form Corporation AB.  The assets and liabilities are...

The CBSA Is Targeting Tools, Implements, Cutlery, Spoons and Forks of Base Metals in 2011 National Priorities

The Canada Border Services Agency (CBSA) is targeting tools, implements, cutlery, spoons and forks of base metals and parts in its 2011 national priorities for post-release trade compliance verifications.  This is an...

Free Trade Agreement Advance Rulings May Help Importers Minimize Assessment Risk

A Canadian business that plans to import goods from one of Canada's free trade agreements partners (United States, Mexico, Chile, Israel, Costa Rica, Peru, Iceland, Norway, Lichtenstein and Switzerland) may ask for an advance...