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.
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.
Alberta Court of Appeal Upholds Limit on Pay First Dispute Later Principle
Michael Theroux and Christine Plante co-authored "Alberta Court of Appeal Upholds Limit on "Pay First, Dispute Later" Principle" published in Rocky Mountain Mineral Law Newsletter, Vol. XXX1V, No. 3, 2017.
The Strengthening of Ontario's Health Information Privacy Legislation
September 08, 2017
Michael Whitt, Sébastien Gittens and Antonia Alisauskas co-authored "The strengthening of Ontario's health information privacy legislation" published in Digital Health Legal, September 2017.
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
A Practitioner's Guide to Commercial Arbitration 2017
Dominique Hussey and Will Bortolin co-authored Chapter 12 "Stepping into the Hot Tub: Concurrent Expert Evidence in Commercial Arbitration" in "A Practitioner's Guide to Commercial Arbitration".
The Distinction Between Providing Notice of a Claim and Making a Claim
Allan Wu co-authored “The Distinction Between Providing Notice of a Claim and Making a Claim”, published in the September/October 2017 issue of the Construction Law Letter.
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.
Companies Use Third-Party Litigation Funding
July 24, 2017
Lincoln Caylor comments in the article "Companies use third-party litigation funding" published in Law Times, Vol. 28, No. 24.
Third-Party Funding Market Diversifies
July 24, 2017
Lincoln Caylor comments in the article "Third-party funding market diversifies" published in Law Times, Vol. 28, No. 24.
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
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.