BC Court Dismisses CFL Concussion Case for Lack of Jurisdiction

In a recent decision that has garnered media attention, the Supreme Court of British Columbia concluded it was without jurisdiction to hear claims brought against the Canadian Football League (CFL), its teams and various individuals relating to concussions alleged to have occurred to a former professional football player…

Qualified Foreign Pension Fund Exemptions for Certain U.S. Investment Offerings

Canadian pension funds are continually seeking investment opportunities abroad with a view to diversifying their portfolio and maximizing risk-adjusted returns. Offerings of investments in U.S. real estate and infrastructure projects will likely increase as a result of recent U.S. legal reforms which aim to attract foreign investment in these areas. Under the U.S. Foreign Investment in Real…

New Proposed Federal Bill to Reverse Canada Labour Code Certification and Decertification Reforms, C-377 Union Disclosure Obligations

Further to its election platform, on January 28, 2016, the federal government introduced Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act. Among other things, this legislation would, if passed, amend the Canada Labour Code (“CLC”) to effectively repeal…

Deadline for Filing Amendments Relating to British Columbia’s PBSA Reform Extended

Significant reforms to the Pension Benefits Standards Act (“PBSA”) in British Columbia came into force on September 30, 2015. Originally, amendments to plans registered in British Columbia which reflect the new legislative requirements had to be filed by December 31, 2015. This week the British Columbia Financial Institutions Commission announced that the filing deadline will be extended to March 31,…

Supreme Court of Canada on Prima Facie Discrimination and a Plaintiff’s Burden of Proof

The Supreme Court of Canada recently overturned a decision of the Québec  Human Rights Tribunal (“Tribunal”) which found that Bombardier had discriminated against a pilot, Mr. Latif, by refusing to provide him with training on certain Bombardier aircraft after U.S. authorities denied his security clearance. The unanimous Court found that there was insufficient evidence to…

New CRA Technical Direction Published for Health and Welfare Trusts

The Canada Revenue Agency (“CRA”) has posted an updated technical direction regarding Health and Welfare Trusts. Effective July 27, 2015, Income Tax Folio S2-F1-C1: Health and Welfare Trusts replaces and cancels CRA’s prior administrative position, as outlined in Interpretation Bulletin IT–85R2, Health and Welfare Trusts for Employees. The new Technical Direction incorporates a number of…