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Articles
Terrorism Means Foreign States Liable in Canada
July 11, 2016
As the boundaries between state action and commercial markets continue to blur, Canadian statutes and courts are keeping with the times. Published in the Speaker's Corner section of Law Times.
Said, Same, Such
July 06, 2016
I think you’ll agree that ‘said’ (as in ‘the said party’ when you’ve previously referred to that party) is a little fusty-sounding, and has no place in your jazzy client-focused blog post or article. Published on SlawTips by Slaw, Canada's online legal magazine.
Are you protected from social engineering fraud?
July 2016
Technology creates new opportunities for corporate crime and in particular, for computer savvy criminals. As cybercrime increases in sophistication and quantity, businesses are faced with a heightened risk of falling victim to losses sustained through digital schemes. Published in Legal Alert, Vol. 35, No. 4.
Getting the Deal Through: Trade & Customs 2017
July 2016
This volume covers the important developments in international trade law and policy, covering: trade defence investigations, custom duties, trade barriers, export controls, and trade embargoes. Contributors are made from leading practitioners in each of the six trade blocs and 12 jurisdictions covered. The Canada chapter is authored by Jesse Goldman and Matthew Kronby. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Trade & Customs 2017, (published in July 2016; contributing editor: Gary N Horlick, Law Offices of Gary N Horlick) For further information please visit www.gettingthedealthrough.com.
Back to Basics: Ponzi Schemes Are Here to Stay
July 2016
Rory Tighe co-authored "Back to Basics: Ponzi Schemes are here to stay". As might be expected, over the past few decades white-collar crime has evolved and become increasingly sophisticated through the use of advanced technology and the advent of cyber fraud. However, alongside the increase in the sophistication of fraudulent schemes, there also appears to have been a return of a classic – the Ponzi scheme. The last decade has seen some of the largest Ponzi schemes in history and there appears to be no slowdown on the horizon. It seems that, though new technology has created many new complicated and technical ways to perpetuate fraud, the basic and simple exploitation of trust-based relationships central to Ponzi schemes continues to be an incredibly lucrative way for fraudsters to earn money. Published by Financier Worldwide Magazine.
Going With the Flow
June 15, 2016
Kate Simpson authors "Going With the Flow" published in Canadian Lawyer Magazine. Decision-making in legal technology could do with a little more risk-taking. Why do we always seem to follow the herd when making legal technology decisions at our firms?
See the print version for the full article.
Indira Samarasekera Convocation Address to University of Alberta
June 08, 2016
Dr. Indira Samarasekera, OC, received the University of Alberta's highest honour—an honorary doctor of science degree—at U of A's spring convocation. Indira is president emerita and was the 12th president and vice-chancellor of the University. She is the first woman and the first engineer to become U of A president and served in this role for 10 years (2005–2015). In her address at the convocation, Indira spoke about serendipity. She told graduates to cultivate serendipity by taking risks, trusting their intuition and dreaming big.
Waffle
June 08, 2016
This was my grade-10 English teacher’s expression for useless verbiage. Other ways to say it: throat-clearing, filler, circumlocution, BS. Published on SlawTips by Slaw, Canada's online legal magazine.
Arbitration and Dispute Resolution Involving Russian and North American Companies
June 2016
Nick Bryanski authored an article/post in Russia on a Russian resource "Arbitration and Dispute Resolution Involving Russian and North American Companies". Read article here: http://regforum.ru/posts/2722_dogovor_s_severoamerikanskoy_kompaniey_mery_predostorozhnosti_na_sluchay_razresheniya_sporov/.
Get Your Pronouns Right
May 25, 2016
It’s astonishing how many people have trouble with personal pronouns. Published on SlawTips by Slaw, Canada's online legal magazine.
Case Law Update: GFO v Ontario (Environment and Climate Change), 2016 ONCA 283
May 2016
In July of 2015, the Ontario government enacted Regulation 139/15 (the "Regulation"), which imposed conditions on the purchase and use of neonicotinoid pesticides ("neonics"). The Regulation was intended to address growing concerns about impacts on pollinator health allegedly linked to the widespread use of neonics. The Regulation caused significant concern for farmers who would be required, among other things, to obtain a pest assessment report before neonic-treated seeds could be purchased and used on over 50% of their land. Published by the Environmental Law section of the Ontario bar Association.
-Ice, -Ise, -Ize
May 11, 2016
Verb endings: a small but tricky point. If you’re from the USA, the practice (noun) of law is practiced (verb) by lawyers. If you’re from the UK, the practice is practised. Here in Canada, we see both verb forms – but preferred usage (by me, anyway) is to go British. Published on SlawTips by Slaw, Canada's online legal magazine.
The Business of Innovation - Intellectual Property Transactions and Strategies in the New Economy
May 2016
Martin Kratz, QC is co-editor of and a contributor of three
chapters in Carswell's forthcoming new text, "The
Business of Innovation - Intellectual Property Transactions and Strategies in
the New Economy," scheduled to be available at the end of May
2016. The text guides innovators through various issues in the
commercialization of innovation. Martin Sorensen and Michael Whitt also
contribute to this text.
Non-Status Indians and Métis are Indians under the Canadian Constitution
May 01, 2016
David Bursey, Shawn Munro, Mike Theroux, Laura Gill and Jennifer Asquin co-authored "Non-Status Indians and Métis are "Indians" under the Canadian Constitution and Subject to Federal Jurisdiction". Rocky Mountain Mineral Law Foundation, Mineral Law Newsletter, Vol. 33, No. 2 (2016).
Red Flags of Employee Fraud
January 2016
Jim Patterson and Kirsten Thoreson co-authored an article "Red Flags of Employee Fraud" for Legal Alert, Vol. 34, No. 10.
What Employers Need to Know to Comply with the ORPP Act
April 26, 2016
When the Ontario government announced its proposed new legislation enshrining the framework for the Ontario Retirement Pension Plan (ORPP) on April 14, it also shared some significant new aspects of the ORPP, including its compliance and enforcement mechanisms. Published in Benefits Canada magazine.
Dying in a Digital World
April 22, 2016
This Calgary Journal article discusses digital assets such as social media and email accounts, and how to properly manage these assets when a person dies.
Intellectual Property Litigation: Forms and Precedents
April 19, 2016
Emily Kettel was the co-author of a chapter in Intellectual Property Litigation: Forms and Precedents: From patent litigation, trademark appeals and copyright infringement, to critical interlocutory proceedings and appeals to the Federal Court of Appeal, the ins and outs of intellectual property (IP) litigation can be challenging to master. Thankfully, for those who need to navigate this ever-shifting landscape, there's a brand new publication: Intellectual Property Litigation: Forms and Precedents.
Fraud Enforcement in Canada is Stepping Up
April-June 2016
Canada historically had a fairly-earned reputation for being a fraudster's playground. This reputation resulted from, among other things, arguably inadequate and underutilised regulatory and criminal fraud enforcement regimes. Perceived shortcomings of the Integrated Market Enforcement Team of the Royal Canadian Mounted Police (RCMP), which charged only nine individuals between 2004 and 2008 despite a $30m annual budget, and at least the appearance of injustice resulting from investigation blunders in major securities fraud matters such as Sino-Forest and Bre-X, raised serious questions about the ultimate effectiveness of Canada's fraud prevention and enforcement regime. Published in the April-June 2016 issue of Risk & Compliance Magazine.
Bennett Jones