The Power of Perspectives

The Canadian Bar Association

Kim Covert

CBA influence

Extrapolating the decision in Green to other limited partnership cases

By Kim Covert March 8, 2018 8 March 2018


The decision in Green v R, 2017 FCA 107, was engineered to avoid an inappropriate result, but in turn could lead to other inappropriate results if applied broadly.

This sparked a discussion between the CRA and the Joint Committee on Taxation of the Canadian Bar Association and Chartered Professional Accountants of Canada late last year on what factors the Department should take into account if it proposes a legislative response to the decision. A recent submission sets out the Joint Committee’s position.

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CBA influence

Principles for confidentiality in IP hearings

By Kim Covert February 28, 2018 28 February 2018


The CBA’s Intellectual Property Section welcomed the opportunity to comment on the Federal Court’s Draft Report on Confidentiality Orders, offering up its own proposal for a set of six principles for establishing best practices on the protection and handling of confidential information.

The Section says it supports the establishment of a series of guidelines or a Practice Direction based on these principles:

  1. Parties should try to come to an out-of-court agreement on handling information they consider to be confidential. It would be beneficial, the Section says, if the court could outline specific steps the parties need to take in order for the Federal Court to have jurisdiction to enforce the agreements.

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CBA influence

Cannabis Working Group comments on proposed regulations

By Kim Covert February 27, 2018 27 February 2018


The federal government continues to line up its ducks as its self-imposed 2018 deadline for cannabis to become legal in Canada quickly approaches.

The government released a consultation document, Proposed Approach to the Regulation of Cannabis, in November, focusing on licences, security clearances, tracking and reporting, products, packaging and labelling, medical use and health products.

The CBA Working Group on Cannabis commented on the consultation document in a recent submission, the latest in a line of submissions urging changes to the way Canada treats possession and use of marijuana dating back to 1978.

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CBA influence

Strict timetables are good, a little leeway is better

By Kim Covert February 23, 2018 23 February 2018


Setting strict schedules is all well and good, but a little flexibility is important when all doesn’t go according to plan.

That was one of the messages from the CBA’s Intellectual Property Section in its response to the Federal Court’s proposed Patented Medicines (Notice of Compliance) timetable checklist. The Section would like to retain the document’s structure and content – with one broad proviso: it needs flexibility.

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CBA influence

National security bill: better than the one that came before – but not perfect

By Kim Covert February 21, 2018 21 February 2018


Almost two years after his appearance before a Parliamentary committee arguing on the CBA’s behalf against the passage of the Conservatives’ controversial Bill C-51, Peter Edelmann returned to Ottawa at the beginning of February to present the CBA’s submission on the Liberals’ Bill C-59.

While in opposition the Liberals announced they would vote in favour of the Conservatives’ Anti-Terrorism Act, but would repeal parts of it once elected. Bill C-59, the National Security Act, 2017, is the result.

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