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Articles
Response to the Alberta/British Columbia Joint Expert Panel on Pension Standards
February 29, 2008
The Alberta/B.C. Joint Expert Panel on Pension Standards was established in the fall of 2007, tasked by the governments of Alberta and British Columbia to undertake a thorough review of pension legislation in each province and provide a series of recommendations regarding pension reform.
Canada's Access to Medicines Regime: A Critical Review
February 19, 2008
This paper examines the lack of success of Federal legislation intended to deliver on the Government's promise to provide access to medicines in developing countries.
The Triple Bottom Line
February 15, 2008
CSR is quickly becoming a high-stakes, risk-laden governance issue
as market and legal pressures are increasingly demanding
responsibility beyond strict legal compliance. Published in
the February 2008 issue of Lexpert magazine.
Energy (Oil & Gas) - Corporate: Recent Developments of Importance
January 01, 2008
This past year has been one of significant change in the oil and gas industry in Canada. It has seen the announcement of new rules regarding the taxation of income trusts; the release of the Report of the Alberta Royalty Review Panel; and the enactment of Alberta's Specified Gas Emitters Regulation. This article appears in the 2008 Lexpert/ALM Guide to the Leading 500 Lawyers in Canada. Reproduced with permission of Thomson Carswell.
Major Capital Projects
January 01, 2008
The Canadian economy is forecasted to remain healthy, and both governments and the private sector continue to invest in major capital projects. Canada is expected to have, through the balance of 2007 and 2008, among the highest growth in GDP among the G8 countries. The Bank of Canada projects the Canadian economy to grow by 2.6 percent in 2007, 2.3 percent in 2008 and 2.5 percent in 2009.
On the Racemization of Chiral Imidazolines
January 01, 2008
Busacca, C.A., Bartholomeyzik, T., Cheekoori, S., Grinberg, N.,
Lee, H., Ma, S., Saha, A., Shen, S. and Senanayake, C.H., "On the
Racemization of Chiral Imidazolines" Journal of Organic
Chemistry, 73(24), 2008, 9756.
Ontario Court of Appeal Considers the Law Regarding Penalty Clauses
January 01, 2008
Co-authored by Christiaan A. Jordaan. (2008) 13:1 Commercial Litigation 684. Courts have historically shown reluctance to enforce contractual clauses that impose particularly onerous consequences on a party that breaches the contract. Two different streams of jurisprudence developed to address this issue: common law courts developed the "penalty" doctrine, while courts of equity developed the doctrine of relief from forfeiture. While closely related, the two doctrines would not necessarily lead to the same result in similar circumstances. Two recent decisions of the Ontario Court of Appeal suggest the possibility of a harmonization of these doctrines in a manner that would create greater predictability in the law and would better respect freedom of contract.
Technology Transactions: Recent Developments of Importance
January 01, 2008
Technology law continues to be dramatic and transformational as a result of changes in Canada's intellectual property, tax and mandatory privacy regulation. In this review we will see several examples of changes giving rise to new opportunities and new risks that affect the way enterprises in Canada manage the fast pace of changing technology and law. Other interesting and selected developments are also highlighted.
The Road Less Traveled: The Canadian Approach in Four Important Commercial Disputes
January 01, 2008
In 2007, a number of Canadian appellate courts finally considered certain legal issues that have plagued US courts for some time now. But rather than following the American lead, in most cases, the Canadian courts have taken a different path – both in approach and in result. This article appears in the 2008 Lexpert/ALM Guide to the Leading 500 Lawyers in Canada. Reproduced with permission of Thomson Carswell.
The Oppression Remedy: A Back-Door for Equitable Subordination in Insolvency Cases?
September 19, 2007
In 2004 in Peoples Department Stores Inc. (Trustee of) v. Wise, the Supreme Court of Canada described the oppression remedy as "grant[ing] the broadest rights to creditors of any common law jurisdiction." It is now clear that creditors may rely upon the sweeping powers of the oppression remedy, despite numerous statutes dedicated to mediating the relationship between creditors and both solvent and insolvent debtor corporations. This development, however, is not without tension.