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Articles
Halsbury's Laws of Canada 2015: Pensions
December 2015
Susan G. Seller is the author of the second edition of the Halsbury's Laws of Canada volume on Pensions, published by Lexis Nexis.
Title Insurance and Unpermitted Work
December 2015
The Ontario Court of Appeal has recently released a decision that takes an expansive and broad view of when a residential title policy can provide coverage for work done without a building permit. View presentation at Slideshare: Title Insurance and Unpermitted Work.
When Is "Loss Trading" Permissible? A Purposive Analysis of Subsection 111(5)
2015
Anu Nijhawan, "When Is "Loss Trading" Permissible? A Purposive Analysis of Subsection 111(5)," Report of the Proceedings of the Sixty-Seventh Tax Conference, 2015 Conference Report (Toronto: Canadian Tax Foundation, 2016), 9:1-26.
No time for complacency: a 21st century trade strategy for Canada
November 2015
John Weekes was one of the authors of "No time for complacency: a 21st century trade strategy for Canada". The University of Ottawa's Centre for International Policy Studies (CIPS) commissioned the report as part of a series on rethinking Canada's international strategy. This paper's central theme is that Canadian firms, with the active support of government, need to be more aggressive and more purposeful in pursuit of new markets. At a time of tremendous change in global trade patterns, a well-considered and well- executed plan is essential to sharpen Canada's competitive edge.
Let's Appoint Our Best and Brightest for Washington
November 27, 2015
Now that Justin Trudeau's new cabinet is in place, one of the key appointments he will need to make is Canada's ambassador to Washington. Canada's current long-serving ambassador, former Manitoba premier Gary Dr, has made known his intention to step down from his post. Published in the Globe and Mail.
Personal Health Information - The Patient's Electronic File
November 2015
Information systems in the healthcare setting
mature and become more widely integrated, and
there is value in revisiting our understanding of
record-keeping by healthcare professionals with
respect to their patients. This involves understanding
that (1) information is different from
the media on which the information is stored or
displayed, (2) healthcare delivery systems require
the sharing of portions of that information
for efficient and effective operations, (3) payors
also need access to portions of that information,
and (4) governments and very large provider
organizations require the big data for epidemiologic
and best practices analyses. Reproduced with permission of the publisher LexisNexis Canada Inc. from Electronic Healthcare Law Review, Vol. 5, No. 2, November 2015.
Ontario SIP&Ps: Plan Administrators Should Pay Attention
November 24, 2015
Most plan administrators know by now that, effective Jan. 1, 2016, the statement of investment policies and procedures (SIP&P) will once again become a filed document with the Ontario pension regulator. Published by Benefits Canada.
Stanford Ponzi Scheme: Ruling Sends $5.5 Billion Suit Against TD Bank to Trial
November 24, 2015
Creditors of America's second largest Ponzi scheme will get their day in court as a result of a key ruling earlier this month by the Superior Court of Justice – Ontario. The court dismissed a motion for summary judgment from Toronto-Dominion Bank, which would have set aside a $5.5 billion claim against the bank by liquidators of Stanford International Bank (SIB). This decision in Canada, in a massive case that has played out in courts in several jurisdictions since 2009, is particularly meaningful. The ruling by the Honourable Barbara A. Conway opens the door for the case to proceed and victims' claim to be heard. It comes after more than two years of work by our team of lawyers at Bennett Jones, representing the joint liquidators working to recover assets for victims. Originally published in FraudTalk.
Corruption at the Intersection of Business and Government: The OECD Convention, Supply-Side Corruption and Canada's Anti-Corruption Efforts to Date
November 16, 2015
Over the last twenty years, international and regional conventions have been concluded to combat the corruption of public officials. Part I of the paper explains the genesis of international anti-corruption law and its focus on the "supply-side" of bribery transactions, drawing on the negotiating history and the experience of practitioners involved in the development of international anti-corruption law. Parts II and III examine Canada's implementation of its international obligations and its enforcement record to date. Part IV of the paper concludes with an analysis of the challenges faced by Canadian businesses and the limitations of the focus on supply-side of bribery transactions. Osgoode Legal Studies Research Paper No. 60/2015. Available from the Social Science Research Network (SSSRN).
Important Restrictions Placed on Use of CBCA for Debt Restructurings
November 2015
In a recent unreported decision denying approval of a plan of arrangement under the Canada Business Corporations Act (CBCA) proposed by Connacher Oil and Gas Limited, Justice C.M. Jones of the Alberta Court of Queen's Bench considered the solvency test that corporations must meet in order to obtain a final order approving a plan of arrangement under the CBCA. Prior to Justice Jones' decision, courts had not explicitly considered the issue of whether, in order to grant a final order approving a CBCA arrangement, the court first needed to be satisfied that the entity emerging from the CBCA proceedings would not be insolvent. Justice Jones opined on that novel issue and concluded that: 1) In order to make a final order under the CBCA plan of arrangement provisions, the court must be satisfied that the entity emerging from the proceeding will not be insolvent; and 2) It is not appropriate for the court to exercise its discretion to essentially "deem away" events of default which underlie the determination of whether the entity emerging from the proceeding will not be insolvent. Published in Volume 31, Number 1 of Banking & Finance Law Review by Carswell, a Division of Thomson Reuters Canada Limited.
Crawford on Deferred Indefeasibility and Mortgage Priorities
November 2015
The Ontario Superior Court Of Justice's decision in CIBC Mortgages v. Computershare and its interpretation of the principle of the Deferred Indefeasibility of Title. Author: Simon Crawford. Simon presented the linked seminar to members of the Canadian mortgage lending community for the First Canadian Title Lender Roundtable Series. View presentation on Slideshare: Crawford on Deferred Indefeasibility and Mortgage Priorities.
Important Restrictions Placed on Use of CBCA for Debt Restructurings BFLR
November 2015
In a recent unreported decision denying approval of a plan of arrangement under the Canada Business Corporations Act (CBCA) proposed by Connacher Oil and Gas Limited, Justice C.M. Jones of the Alberta Court of Queen's Bench considered the solvency test that corporations must meet in order to obtain a final order approving a plan of arrangement under the CBCA. Prior to Justice Jones' decision, courts had not explicitly considered the issue of whether, in order to grant a final order approving a CBCA arrangement, the court first needed to be satisfied that the entity emerging from the CBCA proceedings would not be insolvent. Justice Jones opined on that novel issue and concluded that: 1) In order to make a final order under the CBCA plan of arrangement provisions, the court must be satisfied that the entity emerging from the proceeding will not be insolvent; and 2) It is not appropriate for the court to exercise its discretion to essentially "deem away" events of default which underlie the determination of whether the entity emerging from the proceeding will not be insolvent. Published in Volume 31, Number 1 of Banking & Finance Law Review by Carswell, a Division of Thomson Reuters Canada Limited.
Test for Prima Facie Discrimination
October 2015
Faiz Lalani and Ranjan Agarwal write that the Supreme Court of Canada's recent decision in Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. confirms that proving prima facie discrimination only requires showing that a distinction has a connection to a prohibited ground, making causation a less burdensome onus than in other civil liability claims. Published in Volume XXII, No. 1 of Charter and Human Rights Litigation by Federated Press.
Just Investing: Spread of Litigation Funding Evens Playing Field
October 29, 2015
Lincoln Caylor authored an article "Just Investing: Spread of Litigation Funding Evens Playing Field" regarding the new world of third-party litigation funding. Published in LinkedIn. https://www.linkedin.com/pulse/just-investing-spread-litigation-funding-evens-playing-lincoln-caylor
Just investing: spread of litigation funding evens playing field(1)
October 28, 2015
Your drinking water has been poisoned, your car is defective, or you have lost your life savings in an investment fraud. Neither you, nor the other victims have the money to pay for a lawsuit, but an investment company backs the suit, allowing you to mount a vigorous case. A win would not only net damages for you, but a return on investment for the company that banked the lawsuit. This is the brave new world of third-party litigation funding, or litigation finance, in which institutional investors offer financing in return for a contingency in the recovery. One of the most critical developments in civil and potentially commercial litigation, the practice has the potential to impact many types of cases, including international fraud, environmental and corporate cases worldwide. Originally published in FraudTalk, ICC FraudNet.
Corporate Divorce: Potential Limits to Arbitral Jurisdiction over Joint Ventures
October 2015
The energy industry is international. It is also collaborative. In particular, it is common
practice for several energy companies of differing nationalities to work together to jointly
develop energy projects (joint ventures). Reproduced with permission from Law Business Research Ltd. This article was first published in The Guide to Energy Arbitrations (published in October 2015 – General Editor J William Rowley QC and Editors Doak Bishop and Gordon Kaiser).
Swimming Uphill on the Robot Curve
October 05, 2015
Kate Simpson authors "Swimming Uphill on the Robot Curve" published in Canadian Lawyer Magazine. As we focus on the new opportunities that can be uncovered by moving work downhill, lawyers can continue to cultivate creativity and find the innovative solutions for clients by swimming uphill on the Robot Curve.
See the print version for the full article.
Cyber Security for Canadian Directors in the Wake of Ashley Madison
2015
The August release of the purported names and other details of over 35 million customers of Ashley Madison, an adulterous liaison website operated by a Toronto-based company, has once again brought home to Canada the risks in using computer networks to carry on business.
No Time For Cold Feet As TPP Talks Heat Up
October 01, 2015
Ministers and chief negotiators are meeting this week in Atlanta in a final effort to strike a deal on a Trans-Pacific Partnership (TPP) agreement. For the Harper government, and indeed for all the major political parties in Canada, the timing of this meeting in the middle of the federal election campaign poses huge challenges. The marathon trade negotiations among 12 Asia-Pacific countries include three of Canada's largest trade partners - the United States, Japan and Mexico. And make no mistake about it, this deal is probably coming to a conclusion in the next week or two - with or without Canada. Written by John Weekes and published in the Globe and Mail.
Piercing the Parent-Subsidiary Corporate Veil
October 2015
Edward Babin, Uri Snir and Julia Webster, “Piercing the Parent-Subsidiary Corporate Veil” Corporate Liability (October, 2015) Vol. XVIII, No. 4.
Privacy Commissioners Issue Joint Guidance on Bring Your Own Device Programs
September 2015
An organization's information can be put at risk when staff begin to bring their own devices and use them in the workplace. As a result, in such cases, an organization should consider adopting an appropriate bring your own device (BYOD) program to seek to manage the risks inherent in such activity. Written by Martin P.J. Kratz, QC, Michael R. Whitt, QC, Stephen D. Burns, J. Sébastien A. Gittens and Graeme S. Harrison and published in Canadian Privacy Law Review.
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