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Where Next? Picking up the Pieces of the Trans-Pacific Partnership
December 29, 2016
Matthew Kronby, a partner in the firm’s trade practice based in Toronto, and John Weekes, a senior business adviser in the Ottawa office, have combined to author a major report on the Trans-Pacific Partnership (TPP) trade agreement issued by the Business Council of Canada on December 21. While U.S. President-elect Donald Trump has made clear he wants the United Sates to withdraw from the deal other countries led by Japan would like to persuade Trump to change his mind. While it is unlikely that the TPP will come into force anytime soon it is still important to understand what was negotiated.
Private Equity Fund Formation Overview
December 22, 2016
James Beeby authors "Private Equity Fund Formation: Overview" for Practical Law. This Practice Note provides an overview of private equity (PE) funds formed in Canada, discussing the key considerations involved in forming a private equity fund. It covers the general structure and key entities involved in the fund, fund economics (including fund fees and expenses), fundraising and closings, fund term, fund investment and divestment periods and certain regulatory matters affecting fund formation. This Note also describes the principal legal documents involved including the fund limited partnership agreement, management agreement, subscription agreement and side letters.
Canada - Trademark Litigation 2017
December 19, 2016
Dominique Hussey, Trent Horne and Jeilah Chan authored the Canada chapter of World Trademark Review's Trademark Litigation 2017.
John Weekes in Globe and Mail on Canada's Important Relationship With Mexico
December 15, 2016
John Weekes writes an op-ed column in the Globe and Mail on ?why Canada's relationship with Mexico matters so much in light of Donald Trump's pledge to renegotiate or withdraw from NAFTA. John says that as Canada prepares for a possible renegotiation of NAFTA, we should use the current situation as an opportunity to strengthen our long-term strategic partnership with Mexico. The country is one of the world’s pre-eminent emerging economies and has the 15th-largest GDP in the world - Canada ranks 10th. ?John is the former Canadian chief negotiator for NAFTA. John also explains why it would be a loss for Canada if the U.S. backed out of NAFTA and we had to fall back on the Canada-U.S. FTA.
Glib Talk about NAFTA Won't Help Canada
Lincoln Caylor: Canada Supreme Court bolsters World Bank anti-graft fight
December 14, 2016
This year's annual report from Integrity Vice Presidency (INT) of the World Bank Group report put Canada in the spotlight -- specifically, our top court's recent decision in World Bank Group v. Wallace. The case is seen as a significant acknowledgement of the unique role that multilateral institutions play in fighting corruption.
Canada: Arbitration
December 09, 2016
This country-specific Q&A provides an overview of the legal framework and key issues surrounding arbitration law in Canada including arbitration agreements, tribunals, proceedings as well as costs, awards and the hot topics concerning this country at present. This Q&A is part of the global guide to Arbitration. Published by The Legal 500 / In House Lawyer.
Federal target - benefit conversions face an uphill battle
December 02, 2016
While it may be true that there’s nothing new under the sun in the pension world, target-benefit plans may prove the exception. In the traditional landscape of defined benefit versus defined contribution plans, target-benefit plans represent a new frontier in pension design for employers. Published by Benefits Canada.
Corporate Criminal Liability in Canada - Is the End Nigh?
December 01, 2016
Lincoln Caylor, Nathan Shaheen, Melissa G.R. Goldstein and Adam S. Hoffinger, "Corporate Criminal Liability in Canada - Is the End Nigh?". Published in The Canadian Institute - Corporate Liability/White Collar Crime, Vol. 1, No. 1.
Managing Environmental Risk in British Columbia
December 01, 2016
British Columbia is changing how it monitors and enforces the regulatory compliance of projects in its resource sector. The changes follow the May 2016 release of the auditor general of British Columbia’s (AG) audit report on the Ministry of Energy and Mines’ (MEM) and the Ministry of Environment’s (MOE) compliance and enforcement activities in the mining sector. Published in Canadian Mining Journal.
Report of the Proceedings of the Sixty-Eight Tax Conference
November 27, 2016
Monica Biringer, Perry Derkson and Anu Nijhawan, "Current Cases," Report of the Proceedings of the Sixty-Eight Tax Conference, 2016 Conference Report (Toronto: Canadian Tax Foundation, 2016), 2:1-16.
Chambers Practice Guides Life Sciences
November 25, 2016
Martin P.J. Kratz, Dominique T. Hussey, Emily P. Kettel and Melissa M. Dimilta, " Chambers Practice Guide: Life Sciences, Canada Chapter," Chambers Canada, 2017.
Counterpoint: Regulating Diversity
November 10, 2016
The upper reaches of law firms, the judiciary, legal academia, and the law societies appear to be predominantly white, privileged, and male. I suspect this is partially owing to demographic trends, in that today’s pool of law firm leaders and judges reflect the demographics of law student ranks of the 1970s or 1980s where, as a percentage of each graduating class, there were more white privileged men attending law school than there are now. But it is also likely the product of systemic, self-perpetuating conditions that, despite shifting demographics, make it easier for privileged white men to advance in law than others, yielding disproportionate representation of the already privileged amongst the upper ranks. Published in Law Matters.
Implications of British Columbia's Climate Leadership Plan on the Energy Industry
November 04, 2016
Sharon Singh, Jennifer Asquin and Michael Barrett co-authored "Implications of British Columbia's Climate Leadership Plan on the Energy Industry." Originally published in the Rocky Mountain Mineral Law Foundation Mineral Law Newsletter.
Open Letter to the Minister of Finance on Canada's Infrastructure Bank
November 03, 2016
David writes to Canada's Minister of Finance on "Canada’s Infrastructure Bank Done Right" in an intelligence memo that appears on the C.D. Howe Institute's website. David says that political courage is needed to explain to Canadians why it is in their interest to pay for the use of public use infrastructure, at least in part, through user charges. On November 1, 2016, the Minister announced the federal government will establish the Canadian Infrastructure Bank to attract private investment in revenue-generating projects.
Legal Data: From PDFs to Real Answers
October 01, 2016
Kate Simpson authors "Legal Data: From PDFs to Real Answers" published in Canadian Lawyer Magazine. Innovators in our profession are racing to convert legal data into much more useful formats that can expose the actionable knowledge and insights for new value.
See the print version of the magazine for the full version
Ontario and Toronto Land Transfer Tax Update
September 2016
In the current market of soaring real estate values, particularly in and around the City of Toronto (Toronto being the only Ontario municipality to levy its own additional transfer tax in addition to the provincial tax), an understanding of provincial and municipal land transfer tax has never been more important. Today, the drive to collect land transfer tax has intensified, and the government bodies responsible for collecting that tax are reviewing and revising their regulations and policies to ensure no revenues are lost. This paper provides a general overview of the land transfer tax regime in Ontario and discusses some of the key areas in which tax battles are currently being won and lost. Published in Taxation for General Practitioners 2016 by the Law Society of Upper Canada.
The Importance of Editing and Proof-Reading
September 14, 2016
You’ve drafted a client piece – now what? Heed the words of Samuel Johnson: ‘What is written without effort is generally read without pleasure.’ Published on SlawTips by Slaw, Canada's online legal magazine.
Getting the Deal Through: Asset Recovery 2017
September 01, 2016
Maureen Ward and Nathan Shaheen co-authored a chapter on asset recovery in Canada in Getting the Deal Through, published by Law Business Research Ltd.
Reproduced with permission from Law Business Research Ltd. Getting the Deal Through: Asset Recovery 2017, (published in September 2016; contributing editors: Jonathan Tickner, Sarah Gabriel and Hannah Laming, Peters & Peters Solicitors LLP) For further information please visit https://gettingthedealthrough.com/area/53/asset-recovery/
Choices for the Future: The Trans-Pacific Partnership and Canada
August 2016
John Weekes authored a policy paper: Choices for the Future: The Trans-Pacific Partnership and Canada for the Canadian Global Affairs Institute discussing the importance of the Trans-Pacific Partnership.
So What Should I Write About?
August 03, 2016
The law, for starters – but there is a bit more to it than that. Here are some suggestions, adapted from the Law Society of Upper Canada’s Guide to Business Development for Women Lawyers (January 2013). They are equally applicable to men. Published on SlawTips by Slaw, Canada's online legal magazine.
Lincoln Caylor: What's the Difference Between Notification Injunctions and Freezing Orders
July 29, 2016
In Holyoake v Candy, a recent decision of the Chancery Division of the High Court of England and Wales, the court considered an application for a “notification injunction.” Instead of preventing the Candy brothers from transferring assets outright, the proposed notification injunction required the Candy brothers to notify Holyoake within three days of transferring assets. The judge granted Holyoake’s application, writing that if the court can prevent a defendant from disposing of his or her assets altogether, then plainly it can grant a less intrusive notification injunction.
Split Infinitives; Or, Star Trek, You Have a Lot to Answer for
July 20, 2016
The infinitive of a verb is the form with ‘to’ in front of it. As in, to be or not to be. A split infinitive is a verb in this form, but with something stuck between to and the main bit: to not be, by way of example. Published on SlawTips by Slaw, Canada's online legal magazine.
Parliamentary Restrictions on Judicial Discretion in Sentencing
2016
In Canada, courts have historically borne the primary responsibility for ensuring that sentences in criminal cases fit the seriousness of the impugned conduct. In this respect, Canada is not unique. As in many other common law jurisdictions, the Parliament of Canada has preferred to define criminal offences in broad language, permitting an offence to capture a wide array of conduct with varying degrees of moral culpability. I t usually sets only high, rarely-imposed maximum penalties. Although these maximum penalties are mandatory, the yoke of this Parliamentary circumscription of judicial discretion in sentencing has rested lightly on judges' shoulders. Published in Supreme Court law Review, (2016) 73 SCLR (2d).
Bennett Jones