Stay informed on the latest business and legal insights and events.
Articles
The Art of Cross Examination: One Question Too Many
Summer 2019
Experienced advocates know there is a vast literature on cross-examinations. In general, these works have one thing in common. The authors describe the essentials of an effective cross-examination, often illustrated by a successful one that they witnessed or, better still, actually conducted. Less is written about the failed cross-examination. But in reality, a failed cross-examination is usually more instructive. Published in The Advocates' Journal (38 Adv J No. 1, 25 - 26).
Bennett Jones on Tax Disputes - June 2019
June 17, 2019
The latest edition of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters, includes a look at Audit Agreements and Waiver of Objection Rights, eight recent Canadian tax cases of note, and up-to-date appeals tables for the Supreme Court of Canada and Federal Court of Appeal.
Comment: Ohio v. American Express - "Multi-Sided Platforms"
May 2019
Elad Travis authored "Comment: Ohio Et Al v. American Express Co. Et Al - Potential Effects on the Competition Bureau's and Competition Tribunal's Views of 'Multi-Sided Platforms'" (2019), 32:1 Can Comp L Rev 63.
Should There Be Mandatory Sentences?
June 2019
Lincoln Caylor authors the "Says No" portion of the article "Should there be mandatory sentencing?" published in Alberta Reviews, June 2019.
What Canada's 2019 Budgets Say to Miners in Canadian Mining Journal
May 01, 2019
Sander Grieve writes in Canadian Mining Journal on what Canada’s 2019 federal, provincial and territorial budgets mean for Canadian mining companies. Some budgets stand out with stable, multi-year tax and incentive arrangements that show an understanding of the competition for investment.
Practice Alert: UK court accepts jurisdiction in hotly-contested Russian dispute
April 16, 2019
Lincoln Caylor and Nathan Shaheen co-author "Practice Alert: UK court accepts jurisdiction in hotly-contested Russian dispute" in The FCPA Blog. A UK court recently concluded that even when there's ample evidence demonstrating connections to another state, UK courts may nonetheless affirm their own jurisdiction, if there are at least some connections providing a basis to do so.
Bennett Jones on Tax Disputes
April 10, 2019
The inaugural edition of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters, includes Costs Awards under the Tax Court of Canada General Procedure Rules – Recent Trends, Orders for Consolidation and Common Hearings Under Tax Court Rule 26, Cases of Note and Appeals Tables.
Drilling Down on the Impact of CUSMA on Canadian Energy Stakeholders
March 27, 2019
John Weekes, Darrel Pearson, Lawrence Smith and Margaret Kim write in Energy Regulation Quarterly on the impact of the new Canada-United States-Mexico Agreement (CUSMA) on Canadian energy stakeholders. They look at the political dynamic of the agreement, the changes it will bring and key takeaways.
Unexplained Wealth Orders
March 13, 2019
Lincoln Caylor authors "Unexplained wealth orders: Should Canada adopt the UK’s weapon against money laundering and foreign political corruption?" in Global Investigations Review.
The Expanded Use of the CBCA in Debt Restructurings
March 12, 2019
Sean Zweig and Preet K. Gill co-author "The Expanded Use of the CBCA in Debt Restructurings" published in 2018 Annual Review of Insolvency Law.
Canadian Corporate Criminal Liability
March 07, 2019
Lincoln Caylor and Nathan Shaheen co-authored "Canadian Corporate Criminal Liability". In Canada, corporate criminal liability is increasingly becoming an area of focus for regulators, law enforcement officers, and the public. As stories of corporate wrongdoing have generated media and public interest, key stakeholders have been trying to develop various tools and mechanisms to properly apportion fault and determine liability in often complex and highly public scandals. One merely has to read about the SNC-Lavalin matter that has generated controversy and the calls for a public inquiry in the highest echelons of the Canadian executive branch to understand the importance of carefully managing corporate criminal liability. This blog posts reviews Canadian corporate criminal liability, setting out some new developments in the law and highlighting key areas of concern for corporations undertaking either an internal investigation or being investigated by a regulator. Published in New York University Law's Program on Corporate Compliance & Enforcement.
The SCC rules in Redwater: Losing battles but winning the war
March 07, 2019
Laura Gill and Leanne Desbarats co-authored "The SCC rules in Redwater: Losing battles but winning the war" in The Lawyer’s Daily (published by LexisNexis Canada) (March 7, 2019).
Alberta Government Implements Production Curtailment Rules for Oil Producers
March 05, 2019
Donald Greenfield and Emerson Frostad authored "Alberta Government Implements Production Curtailment Rules for Oil Producers". The Government of Alberta has ordered and approved rules for curtailment of the production of crude oil and crude bitumen in Alberta. See Curtailment Rules, Alta. Reg. 214/2018. These rules took effect in January 2019. Following an announcement by Premier Rachel Notley on December 2, 2018, Order in Council 375/2018 was issued on December 3, 2018. Amendments were made on December 12 and 31, 2018, and January 30, 2019, by Orders in Council 434/2018, 438/2018, and 034/2019. The Curtailment Rules currently provide that they are repealed effective December 31, 2019. Published in the Rocky Mountain Mineral Law Foundation Mineral Law Newsletter, Vol. XXXVI, No. 1 (2019).
Enforcement of Foreign Judgments in Canada
2018
Lincoln Caylor and Maureen Ward are the co-authors of "Enforcement of Foreign Judgments in Canada" published in NYSBA International Law Practicum, 2018, Vol. 31, No. 2. Guided by the principles of comity, co-operation and
efficiency in an increasingly connected world, the law
surrounding the enforcement and recognition of foreign
judgments in Canada has undergone significant change in
the past two decades. The general trend in recent case law
in Canada has been an expansion in how courts address
jurisdiction and comity, and this trend has resulted in a
more liberal framework for the enforcement of foreign
judgments.
Honesty is the Best Policy
February 2019
Laura Gill, Leanne Desbarats, and Ashley White co-authored "Honesty is the Best Policy" in the Canadian Association of Petroleum Landmen's The Negotiator Magazine (February 2019).
Concordia: Novel Features in a CBCA Restructuring
February 01, 2019
Kevin J. Zych, Sean Zweig and Preet K. Gill co-author "Concordia Novel Features in a CBCA Restructuring" published in the National Insolvency Review, Vol. 36, No. 1.
Tenancy in common offers oil and gas joint ventures little protection
February 01, 2019
Laura Gill and Leanne Desbarats co-authored "Tenancy in common offers oil and gas joint ventures little protection" in The Lawyer’s Daily (published by LexisNexis Canada) (February 1, 2019).
Bennett Jones