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Articles
The Lease for Atlantis and the Doctrine of Frustration
2013
Simon Crawford presented at Bennett Jones LLP on negotiating leases and how parties need to be mindful of the consequences of damage and destruction and whether absolute destruction can frustrate the lease. View presentation at Slideshare: The Lease for Atlantis and the Doctrine of Frustration.
The Unofficial, Unedited and Unplugged Guide to Bankers Acceptances
2013
Simon Crawford presented at Bennett Jones LLP, an introduction to the principles governing the often misunderstood Bankers Acceptances. View presentation at Slideshare: The Unofficial, Unedited and Unplugged Guide to Bankers Acceptances.
Spinoff Butterflies in Trouble?
2013
The purpose of a spinoff butterfly is to move some property of a distributing corporation to one or more newly incorporated transferee corporations having the same shareholders in the same proportions as the distributing corporation. Although it is generally understood that such transactions are acceptable tax planning, paragraph 55(3.1)(a) raises questions. Published in vol. 3, no. 4 of Canadian Tax Focus.
Dual Class Shares – Good or Bad or Both?
2013
Reiter, Barry and Solway, Gary, Dual Class Shares – Good or Bad or Both?, Federated Press, Volume IX, No. 4, 2013.
MOU represents Milestone in Oil and Gas Cooperation
December 2013/January 2014
Co-authored by Raj Sahni and Karma Dolkar and originally appeared in the December 2013/January 2014 edition of India Business Law Journal.
The Re-emergence of a Clash of Rights
December 19, 2013
Courts and scholars alike have recognized the difficulty of defining
the limits of rights. As the quote above suggests, the principle for these
limits is easy and even, in some regards, obvious — an individual's
exercise of his or her freedoms should not deprive others of their
freedoms. Striking this balance in practice, however, is difficult. Published in Supreme Court Law Review (2013), 63 SCLR (2d).
Practice Note: The Treatment of Subleases in Bankruptcy(2)
December 12, 2013
This practice note discusses the limitations statute that governs a claim brought by a trustee in bankruptcy to challenge a fraudulent conveyance, preference or a transfer at undervalue in Ontario, including the situations in which a claim is discovered, and the specific limitation periods that apply to such claims. Published by Lexis Practice Advisor Canada – Insolvency.
Alberta's Personal Information Protection Act Violates Charter (CELG)
December 2013
The Supreme Court of Canada has just held that the collective right to freedom of expression in a lawful strike situation trumps an individual's right to control their information in a public setting, striking down the Alberta Personal Information Protection Act (PIPA). Published my Wolters Kluwer CCH in Canadian Employment Law Guide (Number 146).
Town Prayer Contrary to Freedom of Religion and Anti-discrimination Legislation
December 2013
After 15 years and numerous court challenges, Henry Freitag has finally rid the Town of Penetanguishene of any prayer before town council meetings. In May 2013, the Human Rights Tribunal of Ontario found that the Town Prayer recited before town council meetings violated Freitag's rights under the Human Rights Code. This decision follows the Court of Appeal of Ontario's decision in 1998 declaring the recitation of the Lord's Prayer before town council meetings to be unconstitutional as contrary to Freitag's freedom of religion. Published in Charter and Human Rights Litigation, Volume XX, No. 1 2013.
The Uncertain State of Preferences Under Canadian Bankruptcy Law
2013
As of September 18, 2009, certain amendments to the Bankruptcy and Insolvency Act, including amendments to the provisions regarding preferences and transfers at undervalue, came into force. In particular, section 95(1)(b) of the Act provides that transfers in favour of non-arm's length creditors within 12 months of an initial bankruptcy event which have the effect of giving a preference, are void against the Trustee in bankruptcy. Contrary to the prior legislation, there is no express requirement to consider the intent of the parties. There is no rebuttable presumption. This article considers the courts' application of these provisions, which have the potential to work injustice if literally applied. Published in the Journal of the Insolvency Institute of Canada by Carswell.
How Many Regulators Does it Take to Investigate?
December 01, 2013
In today's globalized world, it is no surprise that conduct subject to regulatory, civil and criminal liability is often international in scope. One significant issue that arises in international investigations and which stems from the participation of a number of different legal systems is the potentially weakened protection against self-incrimination for evidence given in regulatory or civil proceedings. The problem is acute with respect to international investigations involving Canada or the United Kingdom, and where the witness may be subject to regulatory or criminal prosecution in the United States. While all three countries provide constitutional protection against self-incrimination, their different approaches to the issue could potentially leave a person responding to proceedings in multiple jurisdictions in a "no man's land" without any protection at all. Co-authored by Christiaan A. Jordaan. (2013) 18:1 Corporate Liability 1050
Trademark Infringement Across Borders: Navigating a Sea of Pirates
December 2013/January 2014
Melissa M. Dimilta, "Trademark Infringement Across Borders: Navigating a Sea of Pirates," NYIPLA Bulletin, The New York Intellectual Property Law Association, Inc, December 2013/January 2014.
Alberta's Personal Information Protection Act Violates Charter (UHRM)
November 2013
The Supreme Court of Canada has just held that the collective right to freedom
of expression in a lawful strike situation trumps an individual's right to control
their information in a public setting, striking down the Alberta Personal
Information Protection Act (PIPA). Published my Wolters Kluwer CCH in Ultimate HR Manual - Western Edition (Number 77).
The Oil and Gas Law Review - Canada
November 2013
Canada is a federal state and a constitutional monarchy and parliamentary democracy composed of ten provinces and three territories. There are three primary areas of focus for oil and gas development in Canada:(1) conventional and unconventional project developments in Western Canada (i.e., Alberta, British Columbia and Saskatchewan); (2) projects in Northern Canada; and (3) offshore projects along Canada's east coast (primarily Nova Scotia, Newfoundland and Labrador). Each area has a different legislative landscape and may require a variety of regulatory approvals from federal and provincial authorities. Published by Law Business Research and reproduced with permission.
Canadian Customs Valuation: Only in Canada you say…
November 28, 2013
Darrel Pearson presents at the International Compliance Professional Association's (ICPA) 2013 Annual Fall Conference held in Dallas, Texas from October 27-29, 2013.
Alberta's Personal Information Protection Act Violates Charter (LN)
November 25, 2013
The Supreme Court of Canada has just held that the collective right to freedom
of expression in a lawful strike situation trumps an individual's right to control
of their information in a public setting, striking down the Alberta Personal
Information Protection Act (PIPA). Published by Wolters Kluwer CCH in Labour Notes (Number 1487).
Alberta's Privacy Law Violates Charter: Supreme Court
November 20, 2013
The Supreme Court of Canada has just held that the collective right to freedom of expression in a lawful strike situation trumps an individual's right to control their information in a public setting, striking down the Alberta Personal Information Protection Act (PIPA). Published on Canadian Employment Law Today.
Private Sector Finance for Adaptation
November 12, 2013
This brief
paper examines the pressing topic of engaging the private sector in adaptation
financing. With few examples to draw from, the paper relies primarily on first
principles and analogy to draw its conclusions. It is hoped that a year from
now, such statements will not be needed. Published in IETA Greenhouse Gas
Market 2013.
Doing Business In Canada: Commercial Real Estate
November 2013
Simon writes as Canadian correspondent to the business law legal community in India on investing in commercial real estate in Canada. Published in the November 2013 edition of India Business Law Journal . View presentation at Slideshare: Doing Business in Canada: Commercial Real Estate.
What the Canada-EU Trade Deal Means for Alberta
October 24, 2013
Alberta, which already counts the EU as its fourth largest export market, is one of the provinces that stand to gain substantially from last week's announcement of an agreement in principle on all of the key areas in the long-running negotiations to conclude a free-trade agreement between Canada and the EU. Published by Troy Media.
Outsourcing: Canada Overview
October 10, 2013
This Q&A guide gives a high-level overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; and formalities required for transferring or leasing assets. The article also contains a guide to transferring employees; structuring employee arrangements (including any notice, information and consultation obligations); and calculating redundancy pay. It also covers data protection issues; customer remedies and protections; and the tax issues arising on an outsourcing. Written by Martin P.J. Kratz, QC, Duncan Card, Stephen Burns and Michael Whitt, QC and published in Practical Law Company's PLC - Outsourcing: Canada Overview.
Trade & Customs 2014
October 2013
What is the main domestic legislation as regards trade remedies? The main domestic legislation for trade remedies is the Special Import Measures Act (SIMA), and the Special Import Measures Regulations (SIMR) (for anti-dumping and countervailing measures), the Customs Tariff and the Export and Import Permits Act (for safeguards), and the Canadian International Trade Tribunal Act. Authored by Milos Barutciski, Jesse Goldman, Matthew Kronby and Darrel Pearson and published by Getting the Deal Through.
Bennett Jones