• Plan Beneficiaries Cannot Use Trust Law to Unilaterally Terminate a Pension Plan
    July 02, 2006
    Can there ever be a circumstance enabling all the beneficiaries of a registered pension plan to call for the scheme to be terminated, so that beneficiaries can access both their benefits and any surplus assets?
  • Protecting Yourself Using Directors' and Officers' Insurance: Part 2
    June 15, 2006
    Published in the June 2006 issue of Lexpert magazine as part of Barry Reiter's regular column. Co-authored by Aaron Emes.
  • The Changing Face of Public Sector Outsourcing - Part 2
    June 15, 2006
    Reprinted by permission of LexisNexis Canada, Inc., from Internet and E-Commerce Law in Canada, edited by Michael Geist, copyright 2006. This article originally appeared in two parts in the May and June 2006 issues.
  • Famous Trademarks in Canada
    June 10, 2006
    In two companion cases, the Supreme Court of Canada has reaffirmed the place of famous trademarks in the Canadian trademarks context. Choosing to take these two appeals after consecutive dismissals of appeals by lower courts, the Supreme Court sought the opportunity to clarify the law regarding confusion in the context of famous trademarks and shed important light on the little considered s. 22 of the Trade-marks Act.
  • Stock Option Deduction Under Paragraph 110(1)(d): Unexpected Issues Arising in the Context of Corporate Acquisitions
    June 01, 2006
    Anu Nijhawan, "Stock Option Deduction Under Paragraph 110(1)(d): Unexpected Issues Arising in the Context of Corporate Acquisitions", (June 2006) XVII(10) Taxation of Executive Compensation and Retirement 687. Reprinted with the permission of Federated Press.
  • The Essential GAAR Manual: Policies, Principles and Procedures
    June 01, 2006
    Tracey Woo was a contributing writer to The Essential GAAR Manual: Policies, Principles and Procedures, published by CCH Canadian Limited.
  • Protecting Yourself Using Directors' and Officers' Insurance: Part 1
    May 15, 2006
    Published in the May 2006 issue of Lexpert magazine as part of Barry Reiter's regular column. Co-authored by Aaron Emes.
  • The Changing Face of Public Sector Outsourcing - Part 1
    May 15, 2006
    Reprinted by permission of LexisNexis Canada, Inc., from Internet and E-Commerce Law in Canada, edited by Michael Geist, copyright 2006. This article originally appeared in two parts in the May and June 2006 issues.
  • I Am Not My Brother's Keeper: New Host Liability Ruling
    May 10, 2006
    The Supreme Court of Canada has issued its judgment in Childs v. Desormeaux (May 5, 2006), a social host liability case from Ontario, deciding that hosts of a party at which alcohol is served are not under a duty of care to members of the public who may be injured by an intoxicated guest's conduct.
  • MNR v. Welton Parent Inc.: A broader approach to solicitor-client privilege?
    May 01, 2006
    Woo, T., "MNR v. Welton Parent Inc.: A broader approach to solicitor-client privilege?", Canadian Tax Objection and Appeal Procedures, No. 40, May 2006.
  • Official Marks: Non-Canadians Need Not Apply
    May 01, 2006
    Canadian trade-mark law offers a protective device offered in few, if any, other jurisdictions: the official mark.
  • Alberta to Amend FOIPPA
    April 22, 2006
    A new bill with implications for processors of personal information for Alberta public bodies is before the Alberta Legislature.
  • FCA Decision Explores How Much of a Discovery is Patentable
    April 21, 2006
    Martin Kratz, "FCA Decision Explores How Much of a Discovery is Patentable", the April 21, 2006, edition of The Lawyers Weekly, p.10.
  • Creative Challenges to the Existing Securities Litigation Landscape
    April 20, 2006
    More often than not, when lawyers think of securities laws, they think of a technical blanket of rules and regulations layered on businesses by a variety of regulators. Securities litigation is viewed as much more of a science than an art.
  • Cross-Border Oil and Gas M&A
    April 20, 2006
    One of the main avenues by which American companies have tapped into Canada's abundant oil and gas wealth is through cross-border mergers and acquisitions. The purpose of this article is to survey the current state of Canada/US cross border M&A. The first section will outline the Canadian oil and gas resource endowment. The second section will examine the factors which drive cross border energy M&A. The third section will review two of the larger cross-border deals completed in 2005.
  • Energy Transformation and the Carbon-Constrained Future
    April 20, 2006
    This article examines the proposed North American carbon markets in light of the broader policy goal of energy transformation in an effort to discern what the future holds for emissions trading in the US and Canada. Reprinted with permission from the April 2006 Lexpert Guide to the 100 Most Creative Lawyers in Canada. © Thomson Carswell.
  • Innovation Trends for Outsourcing Transactions
    April 20, 2006
    If one of the most pressing demands on a lawyer's creativity is resolving conflicting demands and balancing competing interests, then outsourcing transactions have to beat the forefront of that professional challenge. Few other commercial transactions are as important to the enterprise (often outsourcing services are worth many hundreds of millions of dollars over the contract term) and yet have such a dismal record of business difficulties and even project failure.
  • Proposed Amendments to the Clean Air Act by the United States' Environmental Protection Agency
    April 15, 2006
    "Proposed Amendments to the Clean Air Act by the United States' Environmental Protection Agency," appeared in Volume 15, No.3, of Environews, the Ontario Bar Association's Environmental Law Section newsletter.
  • Protecting Yourself
    April 15, 2006
    Published in the April 2006 issue of Lexpert magazine as part of Barry Reiter's regular column. Co-authored by Aaron Emes.
  • Greening the Deal: Canadian Perspective on Environmental Consideration in Cross-Border Transactions
    April 07, 2006
    On April 7, 2006, Bennett Jones environmental law practice group head, Gray Taylor, participated in a panel debating environmental issues in international transactions. During this discussion, he underscored the need for non-Canadian lawyers to be aware of significant features of Canadian environmental law when approaching international M&A deals that involve Canada.
  • Disclosing Personal Information in a Data Room: Is Consent Required?
    April 03, 2006
    When deciding what information to include in a data room in Alberta, it is important to consider not only what the purchaser will wish to see and what the vendor is prepared to disclose, but also the impact that Canada's private sector privacy legislation may have on the ability of the vendor to include personal information in the materials to be disclosed and, in particular, whether or not consent is required for such disclosure.
  • Payment of Expenses and Contribution Holiday Found Invalid in Recent Court Decision
    April 01, 2006
    Issues involving the use of pension plan assets are frequently contentious. For over a decade, pension plans and the employers who sponsor those pension plans have increasingly found themselves as the target of litigation. Until recently, such litigation has been all about surplus. Recently, however, we have begun to see evidence of a new wave of litigation against employers related to the use of pension plan assets to pay plan expenses. In many ways, this is a natural progression.
  • The Future of Securities Class Actions in Canada - April 2006
    April 01, 2006
    "The Future of Securities Class Actions in Canada" (with Tracy Pratt and Sarah Armstrong) (2006), 4(1) Commercial Litigation Review 1
  • The Royal Winnipeg Ballet v. MNR: the Growing Significance of Intention in Independent Contractor/Employee Characterization
    April 01, 2006
    Anu Nijhawan and Michael Gemmitti, "The Royal Winnipeg Ballet v. MNR: the Growing Significance of Intention in Independent Contractor/Employee Characterization", (April 2006) XVII(8) Taxation of Executive Compensation and Retirement 669. Reprinted with the permission of Federated Press.
  • Board Evaluations: Establishing an Effective Process
    March 15, 2006
    Published in the March 2006 issue of Lexpert magazine as part of Barry Reiter's regular column. Co-authored by Jim Turner.

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