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Updates
State, Provincial and Voluntary GHG Initiatives in North America: Towards Convergence?
October 04, 2007
It is often said that
nature abhors a vacuum. The climate change imperative recognized so clearly by
the North American public has been met by resistance to legislation at the
national level in both Canada and the United States. Not surprisingly, state,
provincial and municipal leaders have moved to fill that vacuum with policy
initiatives and in some cases legislation to address the climate change
issue.
Taking Kyoto to the Courts
October 01, 2007
With climate change finding its way to the Canadian court system through applications for judicial review filed by charitable non-profit environmental organization Friends of the Earth, the courts may prove to be a useful tool to address climate change issues. "Taking Kyoto to the Courts," appeared in Volume 17 of Environews, the Ontario Bar Association's Environmental Law Section newsletter.
The Consequences of Cooperation in an Ontario Securities Commission Investigation - September 2007
September 28, 2007
Published in the September/October 2007 edition of Corporate Securities and Finance Law Report, this article discusses the implications of the Credit for Cooperation Policy of the Ontario Securities Commission. Reprinted with permission of LexisNexis Canada Inc., Jewel Publications Limited and Corporate Securities and Finance Law Report.
Canada's GHG Market: 2007
September 04, 2007
This paper reviews federal and provincial greenhouse gas reduction
initiatives in Canada, Canadian involvement in North American
regional initiatives, and the growth of Canada's voluntary
carbon sector, including the role of environmental non-governmental
organizations. It closes by describing private and mixed
private-public sector initiatives in Canada with the potential to
contribute to the convergence of voluntary and mandatory GHG
markets across North America.
Want U.S.-style Regulation? Make it Part of the Criminal Code
August 20, 2007
Published in the Globe and Mail's Report on
Business, Stephen Sibold's article highlights the differences
between regulatory and criminal law in Canada and discusses
the treatment of capital markets misconducts as criminal
matters.
Bring Back the Special Relationship
August 17, 2007
Published in the Issues section of the National Post (page
A9), Mr. Gotlieb's article outlines the relationship between Canada
and the United States in the post-Second World War era. Offering
insights into the relationship, Mr. Gotlieb proposes a list of
remedies to build on current goodwill and re-establish the
special relationship between the countries.
The Patent Process: Canadian and U.S. Perspectives
August 15, 2007
A patent is a set of
exclusive rights granted by a country to a patentee for a given period of time.
In exchange, the patentee is expected to provide a full description of the
invention so that others may benefit from this advance in technology and
knowledge. While the patent laws in Canada and the U.S. are similar in many
respects, there are some fundamental differences of which prospective
applicants and others ought to be aware.
US Decision Sheds Light on Directors' Duties
July 29, 2007
The Netsmart decision of the Delaware Court of Chancery provides
useful guidance on how directors should proceed in assessing
strategic alternatives. Published in the July/August 2007 issue of
Lexpert magazine as part of Barry Reiter's regular column.
CSA Publishes Proposed New Certification Rule (NI 52-109)
July 11, 2007
On March 30, 2007, the Canadian Securities Administrators (CSA)
released for comment the much anticipated replacement to MI 52-109
– Certification of Disclosure in Issuers' Annual and
Interim Filings. As published, the new rule would require
management to evaluate an issuer's internal control over
financial reporting (ICFR) and provide MD&A disclosure
concerning the effectiveness of ICFR based on that evaluation.
Managing Risk
June 14, 2007
Increasingly, directors are recognizing their responsibility for
enterprise-wide risk management. That requires an intentional,
rigorous, committed and continuous process, with appropriate
leadership. Published in the June 2007 issue of Lexpert
magazine as part of Barry Reiter's regular column.
Welcome Clarity on Key Pension Issues
June 12, 2007
With a decision in Kerry (Canada) Inc. v. DCA Employees Pension
Committee on June 5, 2007, the Ontario Court of Appeal has
brought much-needed clarity to the law surrounding the use of
pension plan assets to (i) pay administrative expenses and (ii)
offset contribution obligations in both the defined benefit and
defined contribution components of a single pension plan.
Case Comment: Massachusetts v. Environmental Protection Agency
May 15, 2007
"Case Comment: Massachusetts v.
Environmental Protection Agency," appeared in Volume 16,
No.2, of Environews, the Ontario Bar Association's
Environmental Law Section newsletter.
CSA Proposes New Executive Compensation Disclosure Requirements
May 15, 2007
On March 29, 2007,
the Canadian Securities Administrators (CSA) published for comment its newly
proposed executive compensation form and related amendments to National
Instrument 51-102 -Continuous Disclosure Obligations (NI 51-102). The CSA
anticipates that the new executive compensation disclosure rules will be in
effect at the end of 2007 and issuers will be required to comply with the form
for financial years ending on or after December 31,
2007.
Private Companies: Public Corporate Governance
May 08, 2007
Private companies are adopting public company corporate governance
practices. This offers benefits but there are risks and costs.
Implementing corporate governance in a private company setting
requires special care. Published in the May 2007 issue of
Lexpert magazine as part of Barry Reiter's regular column.
Removing Barriers to Inter-provincial Trade
May 02, 2007
In April of 2006, the governments of Alberta and British
Columbia announced that they had entered into the Trade, Investment, and Labour
Mobility Agreement (TILMA). The inter-provincial trade pact is being phased in
over two years beginning on April 1,
2007.
Special Committees
April 15, 2007
Very little about special committee membership and process is
specifically required, so matters must be addressed on a case by
case basis. Key issues should be considered early on. Published in
the April 2007 issue of Lexpert magazine as part of Barry
Reiter's regular column.
Eligible Dividends
April 03, 2007
Important changes to the taxation of dividends were enacted earlier this year that affect the manner in which dividends paid by Canadian corporations must be documented. These new requirements include important notification deadlines for dividends paid in 2006, and require that future dividends be accompanied by written notices to shareholders at the time dividends are paid in order to be eligible for special tax treatment.
Filing Partnership Information Returns
April 03, 2007
The Canada Revenue
Agency has indefinitely delayed the implementation of some of the new tax filing
requirements applicable to partnerships. This measure will significantly
alleviate the tax compliance requirements for partnerships that have
corporations and trusts as its partners.
Oral Argument - How to Sway the Undecided and Feel Good About It
April 01, 2007
A review of principles of effective oral appellate advocacy for
practitioners. Blair Yorke-Slader and Jolaine Antonio, originally prepared for the April 2007 Legal
Education Society of Alberta (LESA) Appellate Advocacy seminar.
Bennett Jones