foreign corporations

Arm’s Length Transaction or Not? Canada v Loblaw Financial Holdings Inc.

In Canada v Loblaw Financial Holdings Inc., 2021 SCC 51 [“Loblaw”], the Supreme Court of Canada (“SCC”) examines “one of the most complex tax schemes, with hundreds of definitions, rules, and exceptions that shift regularly” (Loblaw, para 28). The vital, yet straightforward, question being decided in the appeal is “does a parent corporation conduct business […]

Goliath Strikes Back: The Yaiguaje v Chevron Saga Continues

After the underdog Ecuadorians’ victory in Chevron Corp v Yaiguaje, 2015 SCC 42, which established that judgements against foreign corporations can be enforced against Canadian subsidiaries, the Goliath Chevron Corporation has struck back with a potentially debilitating blow to the Ecuadorians seeking enforcement of their $9.5 billion award with a motion for security costs. A […]