Anti-Spam Legislation chapter of Electronic Commerce Law
January 01, 2013
Anti-Spam Legislation chapter of Electronic Commerce Law, (loose leaf service) (2013) Carswell Legal Publications, Toronto, Canada, written by Martin Kratz and Sebastien Gittens
Canadian Internet Law
January 01, 2013
Canadian Internet Law, (2013) Carswell Legal Publications, Toronto, Canada (includes a chapter on online privacy) , written by Martin Kratz
The Same But Different: Patent Linkage in Canada
2013
Similar to the US, Canada has a patent linkage system that requires generics to address certain patents before obtaining regulatory approval of drugs. Although in theory the two systems are similar, in practice there are nuances that make them different. Published in LMG Life Sciences, 2, pp. 153-154.
Data Protection Handbook 2011-2012- Canada
2011-2012
IP&IT Handbook 2011/12: Volume 2: Data Protection - Canada, PLC Cross-border Handbooks, 3rd Ed., written by Martin Kratz and Stephen Burns
The Fiduciary Explanation for Presumed Undue Influence
2012
Despite centuries of the common law more or less recognizing the distinction between actual and presumed undue influence, recent cases from the House of Lords and Supreme Court of Canada indicate a failure to appreciate the true nature of presumed undue influence and its connection to fiduciary law. As such, an appropriate legal test for presumed undue influence is still required. Through an examination and critique of leading case law and academia on the conventional fiduciary obligation, deferential trust, and the two types of undue influence, this article makes a case for the adoption of fiduciary influence as the appropriate test for deferential trust. The circumstances that can give rise to fiduciary influence are infinitely variable; however, courts must determine whether, on the facts, the trusted party acquired influence for the limited and defined purpose of acting in the trusting party's interest at the time of the impugned transaction. Published in Vol. 50, no. 1 of Alberta Law Review.
Energy Litigation in Canada
December 10, 2012
Canada's reputation as a politically and financially stable supplier of energy has made it both a highly desirable source of supply and an increasingly frequent investment target. The substantial commercial activity which these attributes have produced has resulted in various forms of energy related litigation, including operatorship issues, title and land concerns, competition and foreign investment challenges and accounting disagreements. It has also produced a number of litigation counsel, particularly in western Canada, who have developed considerable expertise in energy related litigation and in the workings of the energy industry. Blair C. Yorke-Slader, QC and E. Bruce Mellett, published in Legal Media Group's Benchmark Canada 2012.
Administrative Monetary Penalties Revisited: Rowan v. Ontario Securities Commission
December 2012
Administrative monetary penalties (AMPs) are a civil penalty regime gaining broad application in Canadian regulatory law. Although AMPs resemble fines and can be for significant amounts, it is generally accepted that decisions to impose AMPs are not penal in nature and are therefore immune from Charter scrutiny. Ranjan Agarwal and Sasha Toten discuss the Ontario Court of Appeal's recent decision in Rowan v. Ontario Securities Commission. This decision has two significant implications for corporate officers and for securities regulation generally. First, substantial AMPs may be imposed on corporate officers even in the absence of a breach of the specific Securities Act provision, where their conduct is found to be contrary to the public interest. Second, the courts' power to review imposition of AMPs by securities commissions is circumscribed by a deferential attitude toward securities regulators and a relatively narrow reading of the relevant Charter jurisprudence. Written by Ranjan K. Agarwal and Sasha Toten and published in Volume XVII, No. 3 of Corporate Liability.
Directors' Duties in Canada, 5th ed.
December 07, 2012
Members of
Bennett Jones were involved in the writing of various chapters of
Directors' Duties in Canada, 5th ed., edited by Barry Reiter and
published in Canada by CCH Canadian Limited, including Hugo Alves, Melissa
Birman, Corinne Bordman, Paul Cantor, Duncan Card, Jane Freeman, Len
Griffiths, Martin Kratz, Jeff Leon, Jesslyn Maurier, Paul Moore, Murray
Perelman, Raj Sahni, Susan Seller, Gary Solway, David Spencer, Bill Vass,
Claire Webster and Zach Justein.
TSX Listed Companies Face Changes to Board Election Process
November 2012
The Toronto Stock Exchange has approved
amendments to the TSX Company Manual relating to director elections. The
amendments come into effect on December 31, 2012. Published by CCH in the
Ultimate Corporate Counsel Guide (November 2012, Number 71), this
article is a reprint of a Bennett
Jones publication.
FIPPA's Net Benefit
November 15, 2012
The conclusion of the Canada-China Foreign Investment Protection and Promotion Agreement (FIPPA) is an important step in Canada's relationship with China. The FIPPA negotiations were initiated 18 years ago by the Chrétien government and brought to a close by the Harper government. It is something of a coincidence that the agreement was signed at around the same time that the government of Canada is reviewing the proposed acquisition of Nexen by CNOOC, a Chinese state-owned-enterprise (S). Written by Milos Barutciski and Matthew Kronby.
Canada - Oil and Gas Section of RMMLF Mineral Law Newsletter
2012-2014
Gavin Carscallen, Eden Oliver, Michael Barrett and Donald Greenfield are reporters for the Canada - Oil & Gas section of the Rocky Mountain Mineral law Foundation's Mineral Law Newsletter.
Healthcare IT Procurement in 2012
October 2012
Canadians expect that healthcare services will be delivered to them in a modern, co-ordinated, sophisticated, easy-to-use way. We also expect that those providing us with services will do so efficiently, with as little hassle and as much ease of use as possible; and that they will learn from experience, and keep track of things. Published in the Guest Editorial section of Healthcare Information Management & Communications Canada (Vol. 26 No. 3).
Bennett Jones