(McCarthy Tétrault – Orlando E. Silva)
Arbitration as an option for dispute resolution in international commercial transactions presents a unique set of issues that are often not given the attention and due care they deserve. The primary attraction of international arbitration is that an award rendered pursuant to a valid arbitration clause has virtual finality and international currency in terms of enforcement. It will therefore not be subject to appeal as are court judgments. The intention is that the parties will be able to enforce an arbitration award with minimal court intervention….
[Based on a recent Supreme Court decision,] “… Successful arbitration parties with awards in hand, wishing to enforce an award in a given province, should take careful note of the provincial legislation that applies to international commercial arbitration awards and any provincial limitation period legislation that may be applicable when the award is presented to the court for recognition and enforcement.”
Read the complete article here.
Showing posts with label SCOC. Show all posts
Showing posts with label SCOC. Show all posts
Tuesday, June 1, 2010
Tuesday, May 5, 2009
Supreme Court of Canada Broadens GST Rebate Entitlement
(Blakes Bulletin on Tax – Jeff Galway and Greg Kanargelidis)
On Thursday, April 23, 2009, the Supreme Court of Canada released a precedent-setting decision in United Parcel Service Canada Ltd. v. Her Majesty the Queen. The decision is the first appeal of a Goods and Services Tax (GST) assessment heard by Canada’s highest court. The decision serves to broaden the number of eligible claimants beyond the person with the “legal liability” to pay GST in the case of claims for rebate in respect of GST paid in error.
The dispute arose in the context of UPS’s customs brokerage activities in which UPS, between February 1, 1996 and December 31, 1997, overpaid some C$2.9 million in GST in error to the Minister of National Revenue on shipments imported into and delivered within Canada on behalf of various customers. These overpayments of GST were due to an array of circumstances including incorrect value for duty declarations, returned shipments, Canadian goods returning to the U.S., and the fact that some goods were duty-free.
In such circumstances, UPS credited its customers’ accounts for any overpayment (so that its customers only paid the correct amount of GST), and then deducted the overpayment from its own GST liability. This led to an assessment by the Minister of National Revenue in which UPS was disallowed the deduction of C$2,937,123 from its own liability. After a minor adjustment by the Minister, UPS still found itself out of pocket C$2,900,858 in respect of the GST payments made in error. Read the full article here (PDF).
On Thursday, April 23, 2009, the Supreme Court of Canada released a precedent-setting decision in United Parcel Service Canada Ltd. v. Her Majesty the Queen. The decision is the first appeal of a Goods and Services Tax (GST) assessment heard by Canada’s highest court. The decision serves to broaden the number of eligible claimants beyond the person with the “legal liability” to pay GST in the case of claims for rebate in respect of GST paid in error.
The dispute arose in the context of UPS’s customs brokerage activities in which UPS, between February 1, 1996 and December 31, 1997, overpaid some C$2.9 million in GST in error to the Minister of National Revenue on shipments imported into and delivered within Canada on behalf of various customers. These overpayments of GST were due to an array of circumstances including incorrect value for duty declarations, returned shipments, Canadian goods returning to the U.S., and the fact that some goods were duty-free.
In such circumstances, UPS credited its customers’ accounts for any overpayment (so that its customers only paid the correct amount of GST), and then deducted the overpayment from its own GST liability. This led to an assessment by the Minister of National Revenue in which UPS was disallowed the deduction of C$2,937,123 from its own liability. After a minor adjustment by the Minister, UPS still found itself out of pocket C$2,900,858 in respect of the GST payments made in error. Read the full article here (PDF).
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