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Articles
Players on National Teams Participating in the FIFA Women's World Cup Canada 2015 v FIFA and CSA
2014
A group of national female soccer players from the United States and abroad applied to the Human Rights Tribunal of Ontario, alleging that the Fédération Internationale de Football Association (FIFA) and the Canadian Soccer Association (CSA) are discriminating against women by making them play on artificial turf for the FIFA Women's World Cup Canada 2015. The men's World Cup is always held on natural grass. Published in Charter and Human Rights Legislation, Volume XXI, No.2, by Federated Press.
Oil and Gas, Mines and Minerals
November 2014
When registered in accordance with the Alberta Builders' Lien Act, a builders' lien provides security for unpaid contractors, labourers and suppliers who have "improved" lands. This includes those providing materials or services in connection with the recovery of a mineral on an oil and gas well site. Published in the November 2014 edition of The Negotiator, the magazine of the Canadian Association of Petroleum Landmen (CAPL).
When Do Foreign Arbitral Awards Become Ripe for Enforcement in Canada?
November 2014
At the conclusion of an arbitration, it is not uncommon for successful parties to ask their counsel when proceedings can be commenced to enforce an award. Oftentimes, they are concerned that the losing parties might liquidate their assets or move them to a jurisdiction where enforcement is more difficult. However, there is some uncertainty, both internationally and in Canada, with respect to when arbitral awards become ripe for enforcement. This article examines that uncertainty, and suggests that arbitration practitioners should commence enforcement proceedings as soon as possible following the conclusion of an arbitration to avoid the foregoing risks. Published by the ADR Institute of Canada Inc. in the November 2014 edition of ADR Perspectives.
Some Lessons for Directors From Sino-Forest
November 2014
Sino-Forest was a TSX-listed company, with a $6 billion market capitalization, that became a worthless stock as a result of allegations of fraud made against it by a short seller in June 2011. At the time, Sino-Forest was a Canadian-incorporated forestry company, headquartered in Mississauga but operating primarily in China. Most of its assets and employees, including most of its management team, were in China. Published in Corporate Governance, Federated Press, November 2014.
Canada-China Pact: Can It Inspire Talks With India?
November 2014
The recent consummation of a Canada-China bilateral investment treaty (BIT), which came into force on 1 October, establishes important rights for Chinese and Canadian investors, and the tools to enforce those rights. Authored by Matthew Kronby, Milos Barutciski and Jesse Goldman and published by India Business Law Journal.
White Collar Crime: Getting A Fraudster's Passport
October 30, 2014
In civil actions for fraud related torts, orders for the surrender of passports usually arise as a result of contempt motions. Authored by Jim Patterson and Kirsten A. Thoreson. Published in Carswell's Legal Alert, Volume 33, Number 5, pp. 33, 35-36. Reproduced by permission of Carswell, a division of Thomson Reuters Canada Limited.
Canada - Class and Group Actions 2015
October 29, 2014
Michael A. Eizenga and Kirsten A. Thoreson authored the Canada chapter of the 2015 edition of The International Comparative Legal Guide to: Class & Group Actions; published by Global Legal Group Ltd, London (www.iclg.co.uk).
Tax Controversy - 2015
October 28, 2014
Published in Getting the Deal Through – Tax Controversy 2015, Claire Kennedy and Martin Sorensen present the Canadian chapter of this international guide outlining key aspects of income tax dispute resolution.
Ontario Divisional Court Upholds Controversial Award of the Ontario Human Rights Tribunal
October 2014
In Hamilton-Wentworth District School Board v Fair, [2014 ONSC 2411], the Ontario Divisional Court upheld two noteworthy decisions of the Ontario Human Rights Tribunal. In the Tribunal's first decision, it found that the Hamilton-Wentworth District School Board discriminated against its employee, Sharon Fair, by failing to accommodate her disability-related needs. In its second decision, the Tribunal ordered that Fair be reinstated more than nine years after her employment was terminated and it also awarded her damages of over $400,000 — one of the largest damages awards made by the Tribunal to date. Published in the October 2014 edition (Number 58) of Focus on Canadian Employment and Equality Rights by Wolters Kluwer CCH.
Nominee Corporations and GST/HST Compliance
October 2014
Simon Crawford and Douglas Chen presented at Bennett Jones LLP on CRA no longer tolerating a bare trustee or nominee corporation for a joint venture to collect and remit HST/GST for the participants in the joint venture. View presentation at Slideshare: Nominee Corporations and GST/HST Compliance.
Canada Offers Attractive Renewable Energy Outlook
September 2014
Canada is a world leader in the production and use of energy from renewable sources. Over 60 percent of electricity generated in Canada is currently sourced from renewable energy facilities. Canada has the third largest renewable power capacity globally, after the US and China, and ranks third after Norway and New Zealand for the percentage of total electricity produced from renewable sources. Published in the September 2014 edition of India Business Law Journal.
Damages for Royalty Error Limited to Two Years
September 2014
A royalty holder must make reasonable inquiries to confirm that a royalty has been properly paid and will be limited to a two-year recovery if not, the Alberta Court of Appeal has ruled in Canadian Natural Resources Limited v Jensen Resources Ltd, 2013 ABCA 399. Published in the September 2014 edition of Nexus, the magazine of the Canadian Association of Petroleum Land Administration.
A Survey of Fracking Law in Canada
2014
Hydraulic fracturing – or “fracking” – is a technology designed to release gas or oil bound within shale and other sedimentary formations. It does so by injecting well sites with large volumes of highly pressurized water, sand and chemicals to stimulate and open a target formation using staged horizontal drilling. In contrast to more conventional technology, which targets oil and gas trapped below a sealing caprock, fracking allows operators to boost production from existing formations and to tap into others that were previously considered uneconomical. Published in Environmental Law, Volume XII, No. 2.
A Lawyer's Ability to Act for Borrower and Lender
September 2014
Simon Crawford presented at the Law Society of Upper Canada. An overview of the Law Society Rules of Professional Conduct on acting for both Lenders and Borrowers in a mortgage or loan transaction.
Priority Issues Between Registered Mortgages and Unregistered Superpriority Claims
September 2014
Simon Crawford presented at the Law Society of Upper Canada, Commercial Mortgage Transactions 2014. Priority Issues Between Mortgages and Unregistered Interests, tax liens, realty taxes and other superpriorities. View presentation at Slideshare: Priority Issues Between Registered Mortgages and Unregistered SuperpriorityClaims.
In Defence of Mandatory Minimum Sentences and Surcharges
August 21, 2014
The Harper government has lost some very public court battles lately, highlighting current tensions between Parliament and the judiciary over mandatory minimum sentencing tools. The government's most recent defeat came in R. v. Michael. In this case, a prominent Ontario Court judge in Ottawa, Justice David Paciocco, convicted a homeless, alcohol and drug addicted 26-year-old named Shaun Michael of nine offences, including assault against a peace officer. Michael faced $900 in mandatory victim surcharges in addition to four months already spent in custody and two years of probation. Justice Paciocco refused to order the mandatory victim surcharges. He found that a $900 fine would be cruel and unusual punishment when combined with prison and probation, contrary to Section 12 of the Charter. And so the Court struck down the Criminal Code section creating the mandatory victim surcharge regime as unconstitutional. Written by Lincoln Caylor and Gannon Beaulne, and published in the Ottawa Citizen.
How Privacy Laws In Canada Affect The Cloud
August 12, 2014
In Canada, both public sector and private sector organizations must generally comply with Canadian privacy laws. The federal and provincial laws impose a variety of considerations for organizations using cloud services – especially if the services are hosted in another jurisdiction. Published by Cloud Computing in Canada and in a supplement of the Toronto Star.
Blurred Lines: Cross-Border Rents and Royalties in the 21st Century
August 2014
Martin Sorensen, Peter Jovicic and Jaime Seidner,"Blurred Lines: Cross-Border Rents and Royalties in the 21st Century". Published in the Canadian Tax Foundation's 2013 Conference Report, the paper examines international standards applicable to the taxation of cross-border rents and royalties.
Family Status and Childcare Responsibilities
July 2014
Ranjan Agarwal examines the Federal Court of Appeal's decisions in Canada (AG) v. Johnstone and Canadian National Railway Company v. Seeley, which find that the ground of family status under the Canadian Human Rights Act
extends to parental obligations, but places limits on the scope of the duty to
accommodate through the test for a prima facie case of discrimination. Published in Volume XX, No. 4 in Charter and Human Rights Litigation by Federated Press.
Generation Flux & the T-Shaped Professional
July 25, 2014
Kate Simpson authors "Generation Flux & the T-Shaped Professional" published in slaw.ca. Gartner recently downgraded their forecast for IT spend in 2014, and it caught my eye. According to Mr Lovelock, one of the reasons for this lowering of projection is how quickly we are moving to what he called, “The Third Age of IT”...
Administrative Protective Orders: Protection of Confidential Information in Canadian Trade Remedy Proceedings
2014
Trade remedy disputes require parties to adduce evidence that includes commercially sensitive business information and strategies. Canada's trade remedy system seeks to strike a balance between the interests of parties in preventing harmful disclosure of confidential information and the public's need for transparent and expedient administration of justice. This paper provides an overview of the mechanisms and procedures available in Canada for the treatment and disclosure of confidential information in the context of trade remedy disputes and judicial review of those decisions, and includes a discussion of existing challenges and areas of concern in the Canadian context. Written by Darrel H. Pearson and Jessica B. Horwitz, and published in Volume 9 of Global Trade and Customs Journal, Issue 7/8, pp. 290–297.
Bennett Jones