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Articles
Licensee's Rights Lost on Licensor's Bankruptcy
September 26, 2008
Martin Kratz, "Licensee's Rights Lost on Licensor's Bankruptcy,"
The Lawyer's Weekly, Vol. 28, No. 20, September 26, 2008,
p. 13.
Understanding Securities Registration Reform
September 22, 2008
On February 28, 2008, the Canadian Securities Administrators (CSA)
released draft National Policy 31-103 and the related Companion
Policy containing revised proposals designed to harmonize and
streamline the securities registration regime throughout Canada.
Gary Solway addresses some of the questions being raised about
these proposed changes in the article, "Understanding Securities
Registration Reform," published in the inaugural edition of
Private Capital Privé (Fall 2008).
Time to Say Goodbye
September 15, 2008
When leaving a board, departures need to be thought through in terms of fiduciary duties and measures that can be taken to protect a former director. Co-written with Robert Fabes, the article was published in the September 2008 issue of Lexpert magazine as part of Barry Reiter's regular column.
Developments in the Saccharin Doctrine
September 08, 2008
At Insight's IP Summit in Vancouver, BC, Martin Kratz
presented "Developments in the Saccharin Doctrine."
Responsible Investment: A Canadian Perspective
September 2008
Jordan Fremont authored “Responsible Investment: A Canadian Perspective”, published in International Pension Lawyer, Number 63.
Don't Let the Legal System Get You Down
August 21, 2008
Just when you thought you had enough stress in your life, the envelope arrives. You open it and learn that you have been reported to the College of Physicians and Surgeons of Alberta, your privileges are being challenged or you have been named in a lawsuit.
Who Can Be Examined for Discovery: The Evolution of Rule 200(1) and its Application Under the Proposed Rules of Court
August 2008
Rule 200(1) (the Rule) of the Alberta Rules of Court affords a party the right, without an order, to examine for discovery an opposing party and, in the case of a corporation, the corporation's representative and the employees and former employees who have knowledge of the matters raised in the pleadings as a result of their employment. Due to the object of the Rule, mainly to allow pre-trial disclosure of relevant and material information that is not privileged, an increasingly broad interpretation has been applied by the courts to the Rule through the progressive and expanding definition of who is considered to be an "employee." This article originally appeared in Volume 45, No. 4 of the Alberta Law Review.
Get Your Indemnity
July 15, 2008
A recent Delaware court decision has highlighted the risk that a director or officer assumes if not protected by a suitable contractual indemnity agreement. Co-written with Robert Fabes, the article was published in the July/August 2008 issue of Lexpert magazine as part of Barry Reiter's regular column.
Contractual Relational Economic Loss: Getting to Yes – Practical Tips for a Thorny Area of the Law
June 10, 2008
Tort law is complicated generally. Who owes whom a duty of care,
and when that duty might be vitiated by policy considerations, are
not easy questions to answer. Contractual relational economic loss
is generally considered a subset of the tort of negligence and
magnifies these issues in a focused area of the law. This paper was
presented to the Litigating Commercial Damages course at Osgoode
Hall Law School.
The Tone at the Top
June 09, 2008
Good governance cannot be imposed; it must emerge from a changed social culture, taken down to the level of the corporation by capable and committed directors and executives. Published in the June 2008 issue of Lexpert magazine as part of Barry Reiter's regular column.
A Closer Look at Ontario's First Environmental Penalty
June 01, 2008
Ontario's Ministry of the Environment issued its first ever
environmental penalty order to CGC Inc. in February 2008.
Julia Schatz and Sarah Gilbert explore the circumstances
surrounding the inaugural use of this regulatory tool and examine
the Ministry's formulaic determination of the amount of the
penalty. "A Closer Look at Ontario's First Environmental Penalty"
appeared in Volume 17, No.4, of Environews, the Ontario
Bar Association's Environmental Law Section newsletter.
Climate Change Regulations: Costs and Carbon Capture Ahead for the Energy Industry
June 01, 2008
Compliance with federal climate change regulations - and, to a lesser extent, Alberta's own program - will soon become a material cost driver for Alberta's energy industry. In March 2008, Ottawa announced new details in its evolving plan to reduce emissions of greenhouse gases (GSGs).
Data Protection Handbook 2008/09 - Canada
May 15, 2008
This chapter was first published in the PLC Cross-border Data Protection Handbook 2008/09 and is reproduced with the permission of the publisher, Practical Law Company.
We Ain't Gonna Take It
May 15, 2008
A wave is sweeping
over corporate culture, affecting how business should be carried on across the
full breadth of business organizations. In-house counsel has a leadership role
to play in these matters. Published in the May 2008 issue of Lexpert
magazine.
Implications of the Supreme Court of Canada's Decision in Kerr v. Danier Leather for Directors' and Officers' Liability
May 15, 2008
Jeffrey S. Leon, Jason Woycheshyn and Lindsay Bailey, "Implications of the Supreme Court of Canada's Decision in Kerr v. Danier Leather for Directors' and Officers' Liability" (2008) XIII Corporate Liability 790. A prior version of this article was presented at the Federated Press Directors' & Officers' Liability Course on January 16 & 17, 2008, in Calgary, Alberta.
Waiver of Solicitor-Client Privilege: How to Avoid Every Litigator's Nightmare
May 02, 2008
Co-authored by Christiaan A. Jordaan. Following a series of significant Supreme Court of Canada decisions within the last decade, the nature and scope of the protection afforded to solicitor-client privileged communications has been expanded in Canada. Nevertheless, many threats to privilege remain – especially as a result of modern electronic communications and data management practices. In this paper presented to the Advocates' Society's Spring Symposium 2008 – Trials and Tribulations: The Practical Advocate, the authors provide some guidance on navigating the contemporary litigation landscape successfully.
Getting Value From In-Camera Sessions
April 14, 2008
For these sessions to
be most effective, careful thought must be given to attendance, meeting
management and records-keeping issues. Published in the April 2008 issue of
Lexpert magazine.
Disclosure of Environmental Information in Securities Law
April 01, 2008
The Ontario Securities Commission (OSC) recently issued the results of a study on the disclosure of material information concerning environmental matters. Julia Schatz and Keith Sutherland review the OSC's Staff Notice on Environmental Reporting, highlight the guidance it provides to reporting issuers, and discuss investors' growing demand for information on climate change risk exposure in Canada and the United States.
Gone Fishing: Subsection 231.2(3) Hooks the Anonymous Tax Evader
April 01, 2008
This article, published in the April 2008 edition (Volume 18, No.2) of Taxation Law, the Ontario Bar Association's Taxation Law Section newsletter, provides an overview of subsections 231.2(2) and (3) of the Income Tax Act.
A Bright Line... in Shifting Sand
March 10, 2008
A recent OSC decision dismissing the allegations against an
experienced corporate director raises as many questions as it
answers. Published in the March 2008 issue of Lexpert
magazine as part of Barry Reiter's regular column.
Bennett Jones