Directors' Liability, Taxes, and the Chancellor's Foot
Haynes, Bryan C.
September 1, 2010 - The Tax Court of Canada and the Federal Court of Appeal have predominantly held that the standard of care required of directors to meet the due diligence defence test in s. 227.1(3) of the Canadian Income Tax Act is subjective. Not only is the basis for these decisions questionable, but the resulting inconsistencies and uncertainties depart from a coherent system of rational law. Published in the September 2010 issue of Canadian Lawyer as part of Bryan Haynes' regular column.
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R v. Kapp and an Analysis of Recent Section Jurisprudence
Agarwal, Ranjan K.
August 6, 2010 - After much debate about the dignity test for equality based on four contextual factors in Law v. Canada, the Supreme Court of Canada revised its test again in R. v. Kapp. The Kapp test gave independent effect to section 15(2) in affirmative action matters, but incorporated some of the elements of the Law analysis into this new one. As Ranjan Agarwal and Rahool Agarwal explain, this has created confusion in the courts that may need more clarification. (2010) Charter and Human Rights Litigation 16:4 at 1352.
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Advancing Access to Justice Through Cy Près Distributions
Eizenga, Michael A.
August 6, 2010 - Access to justice is the principal objective of Ontario's Class Proceedings Act. It is a goal that can and should be advanced by class action settlements that provide cy près distributions to legal aid organizations. Derived from the Norman French phrase cy près comme possible, the "as near as possible" doctrine first arose in the context of charitable trusts. When the original intention of the testator could not be achieved, the next best thing was done in order to preserve the trust. Published in the Winter 2010 (Vol. 21, No.2) edition of The Advocates' E-Brief, an electronic publication of the Advocates' Society.
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Not Just Another Foreign-Policy Review
Gotlieb, Allan E.
August 3, 2010 - In recent months, Canada has been standing taller on the international stage. Taller than before, and taller than a number of countries whose profile has been shrinking due to their economic profligacy. Published in the Comment section of the Globe and Mail.
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No Claim Means No Claim!
Haynes, Bryan C.
August 2, 2010 - It is a fundamental principle of contract law, one which public policy favours and subject only to certain well-established and narrowly defined exceptions, that parties are free to determine for themselves the terms of contracts voluntarily entered into. Regrettably, the Supreme Court of Canada recently departed from this principle in Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), thereby injecting uncertainty into the enforceability of contractual arrangements. Published in the August 2010 issue of Canadian Lawyer as part of Bryan Haynes' regular column.
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Contracts Cases, Notes & Materials, 8th Edition
Reiter, Barry J.
July 30, 2010 - Barry Reiter, Angela Swan and Nicholas C. Bala, Contracts: Cases, Notes & Materials. 8th Edition. Toronto: Lexis Nexis, 2010.
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Alberta Anomaly, No. 2, Needs to Go
Haynes, Bryan C.
July 21, 2010 - Alberta is the only jurisdiction in Canada (and in most, if not all, other common law jurisdictions) to have a Guarantees Acknowledgment Act. Although its purpose is laudable, its application has created headaches for practitioners, uncertainty for clients, and injustices for many. Published in the July 2010 issue of Canadian Lawyer as part of Bryan Haynes' regular column.
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Not in My Job Description
Reiter, Barry J.
July 20, 2010 - Without clear role delineation, tensions between board and management leaders can quickly boil over. Boundaries, however, should never impinge on candour and collegiality. Published in the July/August 2010 issue of Lexpert magazine as part of Barry Reiter’s regular column.
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Investing in a Changing Climate
Little, Andrew D.
July 14, 2010 - Many oil and gas operations, mines and construction projects in the Arctic areas of Canada, Alaska, Scandinavia and Russia depend on cold, solid ground and winter roads over frozen lakes and rivers to transport heavy equipment, fuel and supplies. Located where there are few traditional road networks, such operations and their personnel depend on months of frigid winter temperatures that make it possible to access resources that might not be economically viable if access were only by air or sea. Yet the changing global climate is reducing the number of weeks of dependable cold weather, placing the solid ground and ice roads in peril. Co-authored with John Fahey and published in the July 2010 (Volume 8, Issue 7) edition of Resource World Magazine.
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A Marriage Made in the Heavens
Assaf, Dany H.
July 9, 2010 - Although Canadian winters may be cold, the investment climate is almost always warm. There would be no other way for a country of 33 million people to maintain its relative wealth and G8 status without strategically and effectively engaging the world in the areas of trade and finance. Canada is well positioned to become an important global Islamic finance market. Co-authored with Daud Vicary Abdullah and published in the July 9, 2010, edition of Gulf News, Dubai.
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