- Mediating before the Competition Tribunal: Lessons from the Parkland Mediation
This paper will be published in the Competition Law Review, Fall 2017 and will contain a detailed summary of the mediation and the issues involved.
- Cooperation: the key to fraud detection under Trump government?
Donald Trump’s recent promises to crack down on prosecuting violent crimes have left critics anticipating a halt on white-collar crime prosecutions. The Department of Justice (DOJ) has indicated it will give a higher priority to tackling violent crimes. This is surprising given the violent crime rates in the US are among the lowest rates seen in decades, according to data from the Federal Bureau of Investigation. Trevor McFadden, a deputy assistant attorney general at the Justice Department, had said that it makes “perfect sense” to devote more resources to the fight against violent crime, and that federal prosecutors are not trying to break records with respect to white-collar crimes. Jessica Lewis and Ceilidh Mulder authored Cooperation: the key to fraud detection under Trump government? in Financier Worldwide.
- The Dispute Resolution Review - 9th Edition - Canada
June 21, 2017
Canada’s system of government is divided into three distinct branches: the judiciary, the legislature and the executive. The legislature (Parliament) has the power to make, alter and repeal laws. The executive branch is responsible for administering and enforcing the laws. The judiciary resolves disputes by applying and interpreting the law. Robert Staley and Jonathan Bell authored the Canadian chapter in The Dispute Resolution Review - 9th Edition.
- Proposed Oil Tanker Moratorium Act - A Brief Look at the History of the Moratorium
On 12 May 2017, the Government of Canada introduced Bill C-48, the proposed Oil Tanker Moratorium Act, in Parliament. This initiative follows up on the launch of the national Oceans Protection Plan in November 2016 and fulfils the Prime Minister’s commitment to formalize a crude oil tanker moratorium on British Columbia’s north coast. The broader plan aims to “improve marine safety and responsible shipping; protect Canada’s marine environment; and create new partnerships with Indigenous and coastal communities”. Published in Energy Regulation Quarterly, Vol. 5, Issue 2.
- UK's Marex Ruling May Lead To New Tortious Cause Of Action
June 17, 2017
A recent England and Wales High Court decision has laid the groundwork for a new tortious cause of action.
In Marex Financial Limited v. Carlos Sevilleja Garcia, the court considered whether a claim in tort exists against a person who, anticipating a final judgment and freezing order, dishonestly asset-strips a corporation to ensure it cannot pay its judgment debt. This case moves toward establishing the tort of inducing or procuring another to act in wrongful violation of rights under a judgment. UK's Marex Ruling May Lead to New Tortious Cause Action
- The Guide to Energy Arbitrations
George Vlavianos and Vasilis Pappas authored the chapter, "Multi-Tier Dispute Resolution Clauses as Jurisdictional Conditions Precedent to Arbitration," in Global Arbitration Review's The Guide to Energy Arbitrations. The chapter explores the benefits and drawbacks of multi-tier clauses, and identifies how various jurisdictions around the world have addressed whether they constitute jurisdictional conditions precedent to the commencement of arbitration. This paper then outlines considerations for transactional lawyers and parties incorporating multi-tier clauses into their agreements, and how arbitration practitioners should deal with such clauses when they encounter them.
- Getting the Deal Through - Mergers & Acquisitions 2017
Linda Misetich Dann, Brent Kraus, Ian Michael, Paul Barbeau, Chris Simard and Andrew Disipio authored the Canada chapter in Getting the Deal Through – Mergers & Acquisitions 2017. They wrote on the current landscape for M&A in Canada and key updates and trends that companies considering deals should know.
- Administrators will need to revisit governance policies under Ontario's latest pension changes
May 31, 2017
Alongside the Ontario government’s announcement earlier this month regarding a new funding framework for defined benefit pension plans in the province, it also said it would require plan administrators to establish written governance and funding policies. Published in Benefits Canada magazine.
- Focussing on What Matters: The Court Refuses to Grant Broad Section 11 Orders in the Commissioner's Bell/MTS Inquiry
May 25, 2017
Emrys Davis and David Cassin, Focusing on What Matters: The Court Refuses to Grant Broad Section 11 Orders in the Commissioner's Bell-MTS Inquiry, delivered at the CBA Competition Law Spring Meeting on May 25, 2017.... [...]
- FinTech: a global review of current issues
Financial technology (FinTech) is changing how money changes hands, and FinTech is evolving faster than the law. The rapid and recent advent of FinTech has left regulators around the world playing catch up, with the current rules being ineffectively imported from regulatory models fit for traditional banking and financial services. Jessica Lewis authored "FinTech: a global review of current issues" published in Financier Worldwide.
- Fraud is flourishing: Canada's regulatory patchwork paves way for financial crimes
Fraud is alive and well in Canada. It is thriving and fraudsters are innovating. The ongoing boom in white-collar crime is partly the result of Canada’s lack of a uniform regulatory system and ineffective law enforcement. Jessica Lewis authored "Fraud is flourishing: Canada’s regulatory patchwork paves way for financial crimes" published in Financier Worldwide.
- UK Appeals Court Limits Notification Injunctions
April 27, 2017
Parties seeking notification injunctions must properly set them within the overarching injunctive relief framework bit.ly/2p6YpMP
- Cannabis and the Construction Site
Sarah Huot was interviewed by Glenn Cook in the article Cannabis and the Construction Site published by Alberta Toolbox.
- Getting the Deal Through: Anti-Corruption Regulation 2017
Milos Barutciski authored a chapter devoted to Canadian anti-corruption laws in the international compendium Getting the Deal Through: Anti-Corruption Regulation 2017. Reproduced with permission from Law Business Research Ltd. Getting the Deal Through: Anti-Corruption Regulation 2017, (published in February 2017; contributing editor: Homer E Moyer Jr, Miller & Chevalier Chartered) For further information please visit https://gettingthedealthrough.com/area/2/anti-corruption-regulation-2017.
- It's Your Opinion, You Sign It
April 03, 2017
Now that the turmoil attendant upon the transference of power from one great party in the State to another has subsided, people may be permitted to devote their minds to a consideration of those sectional questions which are not less important for the welfare of the persons concerned, than are the great national issues upon which they have just pronounced judgment. Among such persons we count the considerable body of clerks who pursue their careers of usefulness in the law offices of the kingdom. Simon Crawford and Scott Azzopardi authored "It's Your Opinion, You Sign It" and presented same at LSUC's 14th Annual Real Estate Law Summit.
- Please Satisfy Yourself
April 03, 2017
Title requisitions, and responses to title requisitions, are often evidenced by two simple letters back and forth between solicitors; and yet, in the content of those two letters is the meat of the real estate transaction. Those letters evidence that two solicitors have put their mind to the fundamental issue of whether the seller of the real estate can convey what it bargained to convey in the purchase agreement. Simon Crawford and Carolin Jumaa authored "Please Satisfy Yourself" and presented same at the LSUC's 14th Annual Real Estate Law Summit.
- Buying and Selling a Business: Preliminary Agreements
Nicholas Jeanes presented "Buying and Selling a Business: Preliminary Agreements" at the Legal Education Society of Alberta.
- Metro Vancouver's Foreign Buyer Tax
Christie Wilson authored "Metro Vancouver's Foreign Buyer Tax" which was published in Canadian Bar Association's BarTalk Magazine.
- Financial institution liability for white-collar crimes
Jessica Lewis authored Financial Institution Liability for White-Collar Crimes. Banks and financial services businesses are under increasing pressure following claims regarding their role in fraud: Western Union is on the hook for an exorbitant forfeiture, an individual has claimed that the Royal Bank of Canada contributed to the loss of his business to a fraudster and Lloyds Banking Group has taken financial responsibility for the debt of HBOS Reading.
- Don't Bet on Unsupported Worldwide Order to Secure Assets
March 13, 2017
The English Court of Appeal recently upheld an order freezing £4.4 million (US $5.35 million) allegedly obtained through a corruption scheme involving Chadian diplomats and a Canadian oil and gas company. In Saleh v. Serious Fraud Office,  EWCA Civ 18, the court rejected the appellant’s position: A Canadian court had conclusively declared that the assets were not proceeds of a crime. By dismissing this argument, the English court put foreign lawyers on notice that it will not be bound by sweeping orders rendered without the benefit of an adjudicative process.
Lincoln Caylor authored "Don't Bet on Unsupported Worldwide Order to Secure Assets" published in Law360.
- Canadian Federal Courts Practice – LexisNexis
Designed for both English and French practitioners who appear before the Federal Courts, this portable guide provides up-to-date, section-by-section annotation and commentary for the Federal Courts Act and Federal Courts Rules.
- Chambers Global Practice Guides: Life Sciences
Emily Kettel was a co-author of the Canada chapter in Chambers Global Practice Guides: Life Sciences.
- Federal Courts of Canada Service – LexisNexis
This looseleaf service provides complete and up-to-date coverage of the Federal Courts Act and the Federal Courts Rules.
- Unsung Hero: Does Access to Justice = Greater Access to Technology?
February 27, 2017
A smartphone app called Legalswipe allows anyone with a smartphone to know their rights when being stopped by a police officer, the app gives the user specific language to be able to respond to police officer’s inquiries. JusticeTrans, is another a mobile app that provides legal information on transgender rights. Law Scout Inc., an online service connecting small businesses with pre-vetted lawyers. Small Claims Wizard, is another online service that provides step-by-step guidance through Ontario’s small-claims process. Published in Law Matters.
- Rio Tinto Alcan v. The Queen: Welcome Expansion of the Canadian Tax Deductibility of M&A Transaction Expenses
In a welcome decision for Canadian acquirors and targets, the Tax Court of Canada recognized, in Rio Tinto Alcan Inc. v The Queen, that certain oversight expenses—including certain investment banking and other professional advisory fees—should be deductible in the context of M&A transactions. This is particularly so where such services are provided to enable the board of directors of the acquiror or target to determine whether to proceed with the transaction. The Court also established a principled basis for the deductibility of transaction expenses in a far broader set of circumstances than those previously accepted by the Canada Revenue Agency (the CRA), in particular, in situations in which a board is discharging its oversight function prior to a decision to implement a particular transaction(s). The decision is under appeal; if affirmed, it will represent a significant expansion of the deductibility of transaction fees. The onus will remain on the taxpayer to prove the expenses are deductible based on the new criteria; engagement letters for advisors and their invoices, clearly demarcating oversight activities in respect of proposed transaction(s) from the implementation phases, should be prepared accordingly. C. Kennedy and A. Nijhawan, "Rio Tinto Alcan v. The Queen: Welcome Expansion of the Canadian Tax Deductibility of M&A Transaction Expenses" Vol 36 No. 2 (February 2017) ABA Tax Times (American Bar Association, 2017).