Arbitrary Discretion and the Rule of Law

By Vern Krishna The Canadian income tax system requires taxpayers to voluntarily self-assess their tax liability and file tax returns without demand or notice according to prescribed forms and specified schedules. Canadians are generally compliant and most (approximately 30 million) will file tax returns annually. However, the term “voluntarily” is a misnomer. It is the …

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Just What the Doctor Ordered?: A Look at the Side Effects of Theratechnologies on Secondary Market Liability in Canada

By Stéphane Rousseau, Dominique Payette and Christopher Trouvé. Originally published on the Canadian Bar Review. The recent decision of the Supreme Court of Canada in Theratechnologies Inc. v 121851 Canada Inc. (“Thera”) goes to the heart of the debate on the place of the public and private enforcement methods in the Canadian securities regulation regime. Fundamentally, the case concerns …

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