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Articles
Confession During Investigation May Be Inadmissible
August 2010
An internal investigation of suspected
employee fraud usually includes without-notice interviews of key officers and
employees who may have information and/or may themselves be under suspicion.
These interviews need to be conducted in a specific, diligent manner to ensure
that they are voluntary and that employee rights are protected.
Authored by Jim Patterson and Kirsten A. Thoreson, Published in Carswell's Legal Alert, Volume 29, Number 10, pp. 73, 75, 76. Reprinted by permission of Carswell, a division of Thomson Reuters Canada Limited.
Alberta Anomaly, No. 2, Needs to Go
July 2010
Alberta is the only jurisdiction in Canada (and in most, if not all, other common law jurisdictions) to have a Guarantees Acknowledgment Act. Although its purpose is laudable, its application has created headaches for practitioners, uncertainty for clients, and injustices for many. Published in the July 2010 issue of Canadian Lawyer as part of Bryan Haynes' regular column.
Not in My Job Description
July 20, 2010
Without clear role delineation, tensions between board and
management leaders can quickly boil over. Boundaries, however,
should never impinge on candour and collegiality. Published in the
July/August 2010 issue of Lexpert magazine as part of
Barry Reiter's regular column.
Investing in a Changing Climate
July 14, 2010
Many oil and gas operations, mines and construction projects in the Arctic areas of Canada, Alaska, Scandinavia and Russia depend on cold, solid ground and winter roads over frozen lakes and rivers to transport heavy equipment, fuel and supplies. Located where there are few traditional road networks, such operations and their personnel depend on months of frigid winter temperatures that make it possible to access resources that might not be economically viable if access were only by air or sea. Yet the changing global climate is reducing the number of weeks of dependable cold weather, placing the solid ground and ice roads in peril. Co-authored with John Fahey and published in the July 2010 (Volume 8, Issue 7) edition of Resource World Magazine.
Data Protection Handbook 2010/11 - Canada
June 22, 2010
Martin Kratz and Stephen Burns wrote the Canada chapter of the PLC Cross-border Data Protection Handbook 2010/11.
Who's on First in Reform Debate?
June 09, 2010
Shareholder activism may be well-intentioned, but reforms proposed
to “democratize” board decisions will do more to
undermine governance than improve it. Published in the June 2010
issue of Lexpert magazine as part of Barry Reiter's
regular column.
Does Canada Really Need a Federal Securities Regulator?
June 2010
The release of the Expert Panel on Securities Regulation's final report (the Thomas Hockin report) reignited the decades-long debate of whether Canada needs a federal securities regulator. Notwithstanding broad, but not unanimous, political support for its creation, there is no compelling analysis to demonstrate that securities regulation would be improved or that the benefits of replacing our current system outweigh the risks. Published in the June 2010 issue of Canadian Lawyer as part of Bryan Haynes' regular column.
Getting the Law on Your Side
June 01, 2010
When it comes to protecting their company from former employees who
know too much, employers may now have another tool to add to the
carrot- and-stick toolbox. Published in the Summer 2010 edition of
Private Capital Privé.
Canada Has Good Reasons to Worry
May 29, 2010
Canada's relatively sound position by international standards masks
a structural deficit that is poised to resume growth later this
decade unless governments find more permanent solutions to cutting
expenses than in their latest budgets, and introduce new measures
to durably boost revenue. Published in the Winnipeg Free
Press.
Hot-Tubbing in the Federal Court
May 28, 2010
Presented at the Advocates' Society Spring Symposium 2010: Mastering the Art of Advocacy.
Dollars and Scents: Do Employers Have an Obligation to Provide a Scent-Free Workplace?
May 26, 2010
In a recent U.S. decision, the City of Detroit paid a significant damages award to a former employee with a chemical sensitivity. Given some of the recent trends in the jurisprudence, it is possible that a similar decision, or a law that specifically prohibits workplace scents, is not far off in Canada. Employers can be proactive by implementing a workplace scent policy, and employing some routine avoidance measures.
Canada's Fiscal Edge to Fade Without Tough Action
May 25, 2010
The problems facing Greece, Spain and Ireland may lead investors to
think Canada is free from fiscal worries. They should think again
when looking ahead for the next few years. Published on
Bloomberg.com.
Interface Between Customs Valuation and Transfer Pricing
May 19, 2010
Prepared for IE Canada's Transfer Pricing Forum 2010 (May 19-20,
2010), Claire Kennedy and Darrel Pearson's presentation, "Interface
Between Customs Valuation and Transfer Pricing" highlights a
unified approach to transfer pricing and customs valuation.
The Species at Risk Act: Potential Concerns for Oil and Gas Development
May 17, 2010
The full impact of the Species at Risk Act, which came
fully into force in 2004, remains to be tested. However, its
potential implications to industrial development are significant
and warrant industry's close attention. Published in the
Spring 2010 edition of SEPAC Explorer, the newsletter
of the Small Explorers and Producers Association of Canada.
Governance After the IPO: Part III
May 13, 2010
Introducing governance at a newly public company is a complicated
undertaking. One false move and board members can find themselves
at odds with stakeholders. Published in the May 2010 issue of
Lexpert magazine as part of Barry Reiter's regular
column.
Getting Your Ducks In A Row
May 04, 2010
Delivering a project from inception to completion and beyond can be accomplished in many different ways. But no matter the project delivery model, at the heart of all projects is the same unavoidable process: conceptualize, design, build, inspect, finance, operate. And while the start of the project looks very different for each of the potential participants, there is one constant: issues that need to be addressed so that when the contractor is told to build, it can happen quickly and efficiently. Too often, an owner and its consultant spend time and money on a plan only to find out that a key permit is unavailable or would take years to obtain. Written by Doug Sanders and Geoff Stenger and published by ReNew Canada - The Infrastructure Magazine.
Securities Laws: Traps for the Business Lawyer
May 04, 2010
Prepared for the Legal Education Society of Alberta's 43rd Annual
Refresher Course on Business Law, "Securities Laws: Traps for the
Business Lawyer," provides a background on Canadian Securities
Laws, as well as highlighting common risks and how to avoid them
along with recent developments.
Bennett Jones