CSA Drops Proposed Internal Control Rule
March 10, 2006
On March 10, 2006, the Canadian Securities Administrators (CSA) announced that, after extensive review and consultation and in view of the delays and the debate underway in the United States over the rules implementing Section 404 of the Sarbanes-Oxley Act of 2002, the CSA will not proceed with its proposed internal control rule (MI 52-111 – Reporting on Internal Control over Financial Reporting).
Agreements to Reduce Limitation Periods Invalid After April 1, 2006
March 09, 2006
The Alberta Government has just proclaimed into force, as of April
1, 2006, a controversial amendment to the province's
Limitations Act. This amendment prohibits any agreement to
reduce the statutory limitation periods applicable to a claim.
Stretching the Boundaries of Patentability
February 01, 2006
Arthur Renaud and Martin Kratz, "Stretching the Boundaries of
Patentability" (Feb 2006 Suppl) Managing Intellectual Property,
Canada IP Focus 2006, pp. 107-110
Securities Litigation
January 24, 2006
For better or worse, Canadian courts and Canadian securities regulators have gained ground in bridging the regulatory gap between Canada and the United States.
Minimizing the Risk of IT Project Failure
January 01, 2006
Author, "Minimizing the Risk of IT Project Failure", Canadian
Government Executive Magazine, January 2006 issue.
"Gimme Shelter:" Maege and Baxter Raise Questions on "Statements or Representations"
January 01, 2006
Two recent cases provide some detailed judicial analysis of the tax
shelter rules of the Income Tax Act. In "'Gimme Shelter:'
Maege and Baxter Raise Questions on 'Statements or
Representations'", published in Corporate Finance,
Martin Sorensen reviews the applicable rules and recent cases.
Basic Principles: Injunctions
December 15, 2005
If a third party breaches intellectual property
rights, it is often not satisfactory to wait for a trial several years later to
recover damages. Intellectual property owners usually prefer to stop the third
party from infringing their rights to protect the value of the intellectual
property. Our courts offer a variety of injunctive remedies that can assist the
holders of intellectual property rights in such circumstances.
Bill Ending Mandatory Retirement in Ontario Passes Third Reading
December 06, 2005
On December 8, 2005,
Bill 211, the Ending Mandatory Retirement Statute Law Amendment Act, 2005 passed
its third reading in the Legislative Assembly of Ontario. Subject to some
limited exceptions, as of December 12, 2006, provincially regulated employers in
Ontario will no longer be able to use mandatory retirement policies to terminate
the employment of older workers. There is a one year transition period before
the bill comes into effect on December 12,
2006.
Commentary: The Judicial Cab Company
November 26, 2005
On a recent taxi cab ride from the Vancouver
International Airport to the law courts in downtown Vancouver, after delivering
a monologue on a variety of topics, the driver expressed his opinion that our
judicial system had failed (perhaps never was) to keep in touch with the common
man or average citizen and ensure decisions were grounded on a reasonable
understanding of the values and opinions of the public affected by the
decisions. He then presented a rather novel solution.
Long Term Gas Supply: Contract Litigation
November 26, 2005
A recent English High
Court decision provides some useful analysis of several key gas purchase
contract issues.