"On October 20, 1995 a special panel
of this Court heard an emergency appeal from an interlocutory
injunction granted four days earlier. The injunction barred publication
of a weekly newspaper. Thanks to hard work and organization by
both counsel, in those four days we got bound volumes containing
a transcript of the revised and edited reasons ..."
"... A bitter newspaper battle in Edmonton
has caught the attention of independent publishers across the
country. Last month, the Alberta Court of Appeal overturned an
injunction obtained by an accounting firm "for the benefit
of a large solvent creditor" -- Alberta-based Gazette Press,
which is 49-percent owned by Southam Inc.-- where the "only
motive" was to kill off an Edmonton urban weekly newspaper
..."
"B.C. newspaper magnate David Black has
bought VUE Weekly. It's the second time in as many years that
ownership of the Edmonton publication has changed. VUE's original
owner, Maureen Fleming, is leaving Edmonton for Detroit ..."
"... It isnt hard to figure out
what happened here; one of the thousands of people connected with
SEE Magazine, its owner Gazette Press Ltd., its owner Great West
Newspaper Group Ltd., its owner Southam, Inc. or its owner Hollinger
Inc., got wind that Black and Fleming were in communication, then
someone at SEE Magazine jumped to a false conclusion and decided
to print speculation as if it were truth. ..."
"Legal issues have stalled a bid by B.C.
newspaper magnate David Black to buy VUE Weekly. The sale has
not been closed, contrary to a report in SEE Magazine last week.
..."
"... years before there ever was a Vue Weekly.
On July 1, 1992, I published the first issue of See Magazine.
It bore little resemblance to the See and Vue of today; it was
printed in ponytab format (the size of the Journal's and Sun's
TV guides), it came out just once a month, and it was financed
entirely by my savings and a mortgage on my home..."
"... Under the Canadian Income Tax Act, there are limits
on non-Canadian ownership of Canadian Newspapers. At present,
the Company does not meet those limits and, if this continues
beyond a specified cure period, there could be adverse effects
on advertising revenue. The Company will take the necessary
steps to ensure that it is in compliance before the cure period
expires.. ..."
"... Under the Canadian Income Tax Act, there are limits
on non-Canadian ownership of Canadian newspapers. At present,
we do not meet those limits and, if this continues beyond a
specified cure period, there could be adverse effects on advertising
revenue. We will take the necessary steps to ensure that we
are in compliance before the cure period expires. ..."
"... Although the Company believes that it has a structure
in place that meets the ITA Canadian ownership rules for at
least a portion of the period since June 2001, that structure
may be challenged by the CRA. Should any challenge be successful,
advertisers might seek compensation from the Company for any
advertising costs disallowed or otherwise seek a reduction of
advertising rates for certain Canadian newspaper publications
..."
January 19, 2005 - Editor and Publisher Article - "Is a Time Bomb Buried In Hollinger's Late Filing?"
"...
This could be déjà vu all over again for Chicago-based Hollinger, which this summer revealed its flagship Chicago Sun-Times had fraudulently overstated its circulation when Black crony David Radler was publisher. The paper has been sued by nearly a dozen advertisers and has put aside $27 million to settle claims for compensation. ..."
"...
Accordingly, Vue argues that Hollinger papers should not be subject to tax provisions allowing taxpayers to deduct advertising in newspapers that are published by companies incorporated in Canada and that are at least 75% Canadian-owned.
..."
"...
Under income-tax rules, advertisers can claim deductions in newspapers that are no more than 25-percent foreign-owned. Garth alleged that See Magazine is 70-percent owned by Hollinger International Inc. , which is based in the U.S. Therefore, he claimed, See 's advertisers shouldn't be allowed to deduct advertising costs as a business expense. ..."
"Action No. 0503 18023.
In the court of Queens Bench of Alberta Judicial District of Edmonton.
BETWEEN
783783 ALBERTA LTD. carrying on business as VUE WEEKLY - Plaintiff.
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, THE MINISTER OF NATIONAL REVENUE, SEE MAGAZINE, GREAT WEST NEWSPAPER GROUP LTD., GAZETTE PRESS LTD., JAMISON NEWSPAPERS INC., HOLLINGER CANADIAN PUBLISHING HOLDINGS CO., HOLLINGER INC., and HOLLINGER INTERNATIONAL INC. - Defendants
..."
"...
A lawsuit filed in Alberta’s Court of Queen’s Bench yesterday is challenging the status of the Hollinger-owned newspapers that are published across Canada. In the claim, which could have a serious impact upon the manner in which newspapers are held in Canada, Vue Weekly, an independent weekly published in Edmonton, is suing a number of Hollinger affiliates for $5,000,000. ..."
November 1, 2005 - Editor and Publisher Article - "Hollinger Tax Time Bomb Ticks Louder"
"...
But this January, when Hollinger finally was able to make enough sense of it tangled finances to file its annual report for 2003 with the U.S. Securities and Exchange Commission (SEC), the company acknowledged that it could be on the hook for significant payments to the tax man, and to advertisers who would retroactively lose their ad deduction -- and would seek compensation from the papers. ..."
November 3, 2005 - Excerpt - "HOLLINGER INTERNATIONAL YEAR END 10K REPORT 2004"
"... On October 27, 2005, a claim was filed in the
Court of Queens Bench of Alberta by the operator of a weekly
magazine in Edmonton , Alberta , Canada against the Company,
certain of its subsidiaries, the Minister of National Revenue
for Canada , and others. The plaintiff alleges that one of the
Company's magazines made certain misrepresentations to customers
regarding the magazine's ownership, resulting in damage to the
plaintiff. ..."
November 19, 2005 - Chicago Tribune Article - "LEAP INTO LORDSHIP LANDS PAPERS IN TAX TROUBLE"
"...Hollinger International still controls almost
20 weeklies in western Canada, along with a few in Ontario and
Quebec. In 2004, Hollinger International's Canadian operations
generated revenues of $89 million, 16 percent of the parent's
total, and had $4.1 million in operating profit. Those operations
are at the center of Hollinger International's latest difficulty..
..."
July 6, 2006 - (CP) - "Hollinger Inc. suing Conrad Black and others demanding over $700M"
"...The suit also alleges, among other things, that assets formerly owned directly by Hollinger Inc. - including the London Telegraph and the UniMedia and Sterling newspapers it owned in Canada - were transferred to U.S. subsidiary Hollinger International Inc. at below-market prices.
..."
July 7, 2006 - Globe and Mail Article - "BLACK NAMED IN TWO HOLLINGER SUITS "
"...In 1995, Lord Black began reorganizing the Hollinger group's assets and eventually transferred nearly all of Hollinger's assets — including 26 Canadian papers and majority ownership in Britain's Telegraph PLC — into American Publishing, which was renamed Hollinger International Inc. ..."
October 13, 2006 - E&P Article - "As Black Re-Embraces Canada, Lawsuit Grinds On"
"... Canadian ownership is no small matter for Canadian newspapers -- and it could have huge implications for those papers, their advertisers, and Hollinger International, which this summer changed its name to Sun-Times Media Group. The chain years ago sold the last of its Canadian and overseas papers to center its business on the Chicago Sun-Times, and dozens of other dailies and community papers in the greater Chicago market.
What makes Canadian ownership such a critical issue is Section 19 of the Canadian Income Tax Act. That rule provides that Canadian businesses that advertise in Canadian-owned newspapers and magazine can deduct the full cost of ads from their income taxes. There's no such allowance for advertising in papers deemed to be foreign-owned.
..."
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