Rose Carter on Patient Safety in Current Medical Research and Opinion
November 10, 2017
Rose Carter co-authored the article “Tool to assess causality of direct and indirect adverse events associated with therapeutic interventions” in Current Medical Research and Opinion. CMRO is a peer-reviewed, international journal for the rapid publication of original research on new and existing drugs and therapies. It provides ethical, unbiased and rapid publication of quality content to serve the information needs of the clinical medicine community.
Maureen Ward and Nathan Shaheen on Asset Recovery
October 30, 2017
Maureen Ward and Nathan Shaheen wrote the Canadian chapter in Getting the Deal Through’s 2018 edition on Asset Recovery. They look at the full picture in Canada on civil asset recovery and criminal asset recovery in legislation, jurisdiction and court proceedings and more.
Ranjan Agarwal on Building a Free and Democratic Society
October 20, 2017
Ranjan Agarwal wrote a chapter on religious freedom and respect for minority rights in Canada at 150: Building a Free and Democratic Society. The book commemorates 150 years of Canada's legal and constitutional democracy and contributors include every former living Prime Minister and former Supreme Court Justices. Canada at 150 is illustrated with stunning visual representations and pictures of the country's history and values.
Rose Carter Q.C. and Rory Tighe: Legal Duty to Advise Patients on Smoking Cessation
October 17, 2017
Rose Carter and Rory Tighe write the chapter “Legal Duty to Advise Patients on Smoking Cessation” in the 2nd edition of Disease Interrupted: A Clinical Guide to Tobacco Reduction and Cessation. Rose and Rory explore the changing legal relationship between physician and patient as it pertains to tobacco use and addiction. They also look at possible legal implications for other health care practitioners.
Rose is a partner in Bennett Jones’ Edmonton office. To complement her practice representing medical practitioners and individuals, Rose is an Adjunct Professor of the Faculty of Medicine and Dentistry at the University of Alberta.
Rory is currently clerking with the Court of Appeal of Alberta and will be articling at our Vancouver office. In 2016 he was a summer student in Bennett Jones’ Edmonton office.
Disease Interrupted is published in association with the Centre for Addiction and Mental Health. CAMH is Canada's largest mental health and addiction teaching hospital and one of the world's leading research centres in the area of addiction and mental health.
Striking Jury Notices in Civil Trials
Michael Eizenga and Preet Bell co-authored "Striking Jury Notices in Civil Trials", published in The Oatley-McLeish Guide to Personal Injury Practice in Motor Vehicle Cases.
Adam Kalbfleisch and Kyle Donnelly on Merger Review in Canada
September 27, 2017
Adam Kalbfleisch and Kyle Donnelly wrote the chapter “Canada: Merger Review” in Global Competition Review’s The Antitrust Review of the Americas 2018. Adam and Kyle look at:
the structure and practice for assessing merger review under the Canadian Competition Act
the enforcement approach taken to merger review by the Competition Bureau
issues related to challenges by the commissioner of competition and potential remedies when issues arise
In Pari Delicto and Ex Turpi Causa
Lincoln Caylor co-authored: "In Pari Delicto and Ex Turpi Causa: The Defence of Illegality - Approaches Taken in England and Wales, Canada and the US". Published in Business Law International, Vol. 18, No. 3 September 2017.
Unable or Unwilling
September 19, 2017
Simon Crawford presented "Unable or Unwilling" at the LSUC's 2017 Commercial Real Estate Transactions program.
David Bursey and Sharon Singh in Canadian Mining Journal
September 05, 2017
David Bursey and Sharon Singh write in the law column in Canadian Mining Journal on five policy areas to watch under British Columbia’s new provincial government. The five areas are worth watching are:
Greater involvement by aboriginal communities in decision-making
New project approvals processes
Strengthening the regulatory regime
Review of the fiscal measures and the tax burden
Building physical and social infrastructure
Litigation & Dispute Resolution 2017
August 17, 2017
The Canadian court system is comprised of: (i) provincial and territorial courts; (ii) the Federal Courts; and (iii) the Supreme Court of Canada, which is the highest court in the nation. Federal courts have specified jurisdiction to resolve disputes in certain federally regulated areas such as immigration and intellectual property. Robert Staley, Jonathan Bell and Jessica Starck co-authored the Canadian chapter in Global Legal Insights: Litigation & Dispute Resolution 2017, 6th edition.
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.
Commercial Insolvency Reporter
Sean Zweig and Preet Bell co-authored "Court of Appeal permits union certification application in face of insolvency stay of proceedings" published in Commercial Insolvency Reporter, Vol. 29, No. 5.