• The Duke Lives: Court Finally Rules on GAAR
    November 26, 2005
    On October 19, 2005, the Supreme Court of Canada released its first two judgments on the general anti-avoidance rule (GAAR) under section 245 of the Income Tax Act (Canada), Mathew et al. v. The Queen and Canada Trustco v. The Queen.
  • Fighting Fraud Across Borders
    November 15, 2005
    This article discusses the increase in cross-border fraud and new fraud recovery methods for cases in Canada and the US. Originally published in Managing Partner Magazine (November 2005).
  • Managing the Risk
    November 15, 2005
    Published in the November/December 2005 issue of Lexpert magazine as part of Barry Reiter's regular column. Co-authored by Aaron Emes.
  • Employee Stock Purchase Trusts: an Alternative to Restricted Stock Plans
    November 01, 2005
    Anu Nijhawan, "Employee Stock Purchase Trusts: an Alternative to Restricted Stock Plans", (November 2005) XVII(4) Taxation of Executive Compensation and Retirement 614. Reprinted with the permission of Federated Press.
  • Risky Business
    October 15, 2005
    Published in the October 2005 issue of Lexpert magazine as part of Barry Reiter's regular column. Co-authored by Aaron Emes.
  • Can't you Hear the Whistle-blowing: Crisis Management When Wrongdoing is Discovered
    October 01, 2005
    "Can't you Hear the Whistle-blowing: Crisis Management When Wrongdoing is Discovered" (2005), 10(4) Corporate Liability 626
  • Interrelationship Between Civil Proceedings and Regulatory Proceedings: Current Issues from a Canadian Perspective
    October 01, 2005
    "Interrelationship Between Civil Proceedings and Regulatory Proceedings: Current Issues from a Canadian Perspective" (2005), 10(3) Corporate Liability 606
  • Preparing for the Road Ahead: Bill 198 and Secondary Market Disclosure
    October 01, 2005
    "Preparing for the Road Ahead: Bill 198 and Secondary Market Disclosure" (2005), 10(4), Corporate Liability 632
  • Civil Liability For Secondary Market Disclosure
    September 26, 2005
    The Ontario government has handed Canadian investors a powerful new remedy in respect of misrepresentations in secondary market disclosure. Recently proclaimed amendments to the Securities Act (Ontario), which come into force on December 31, 2005, will allow investors to sue for misrepresentations in an issuer's public disclosure record.
  • Treating Stock Option Benefits as Expenditures for SRED Tax Credit Purposes
    September 21, 2005
    The decision in Alcatel Canada Inc. v. R. opens the possibility of adding stock option costs to the expenditure base for scientific research and experimental development tax credits.
  • The Role of In-House Counsel
    September 15, 2005
    Published in the September 2005 issue of Lexpert magazine as part of Barry Reiter's regular column. Co-authored by Aaron Emes
  • IRS Offers a Measure of, but Incomplete, Relief to Participants in Canadian Stock-Based Compensation
    August 01, 2005
    Anu Nijhawan, "IRS Offers a Measure of, but Incomplete, Relief to Participants in Canadian Stock-Based Compensation Plans", (July/August 2005) XVII(1) Taxation of Executive Compensation and Retirement 572. Reprinted with the permission of Federated Press.
  • The Compensation Committee
    July 31, 2005
    Published in the July/August 2005 issue of Lexpert magazine as part of Barry Reiter's regular column. Co-authored by Aaron Emes.
  • Teva v Pfizer: Creating an Uncertain Future for Generic Companies by De-Modernising the Medicare Modernization Act
    July 01, 2005
    "Teva v Pfizer: Creating an Uncertain Future for Generic Companies by De-Modernising the Medicare Modernization Act". Journal of Generic Medicines, Vol. 2, No. 4, July 2005, pp. 350-359 (10).
  • Injunctions in Intellectual Property Cases
    June 26, 2005
    Intellectual property (IP) rights usually give a party a monopoly to exclusive use of the rights for a limited time. If a third party breaches those rights, a trial several years later to recover damages can be an inadequate remedy, and it may difficult or impossible to calculate those damages. IP owners can move immediately to stop the third party from infringing their rights to protect the value of the IP.
  • Interim Measures: Drafting and Enforcing Status Quo Clauses in Canada
    June 26, 2005
    Andrew D. Little, “Interim Measures: Drafting and Enforcing Status Quo Clauses in Canada”, presented to Canadian Bar Association Conference on International Commercial Arbitration: Natural Resources, Environment and Technology Disputes in Vancouver, B.C., June 26-28, 2005.
  • Proposed Changes to Patented Medicine (Notice of Compliance) Regulations
    June 26, 2005
    The Patented Medicine (Notice of Compliance) Regulations (PMNOC Regulations) provide the rules that govern pharmaceutical litigation in Canada. The PMNOC Regulations came into effect in 1993 and then were amended in 1998. Further proposed amendments to the PMNOC Regulations were published in late 2004.
  • Reverse Confusion Recognized as a Cause of Action in Canada
    June 26, 2005
    In a recent trademark infringement proceeding, the Federal Court had one of its first occasions to consider the issue of “reverse confusion” and whether it forms part of Canadian trade-mark law.
  • The Copyright Case That Wasn't... Yet
    June 26, 2005
    On May 19, 2005, the Canadian Federal Court of Appeal released its decision in BMG Canada Inc. et al. v. John D et al. All sides immediately declared victory; the legal pundits began spinning their marketing efforts to become counsel on the next round of motions; the government moved to change the Copyright Act.
  • To the Swiftest Go the Spoils
    June 26, 2005
    If you run a business supplying branded wares or services to your customers in Canada, the benefits flowing from the registration of your trademarks are likely well known to you.
  • Domain Name Disputes
    June 26, 2005
    Domain names are key business identifiers. By using existing trade-marks for domain names, businesses attract potential customers to their websites. Protecting these trade-marks often protects such Internet uses as well.
  • The Audit Committee
    June 15, 2005
    Published in the June 2005 issue of Lexpert magazine as part of Barry Reiter's regular column. Co-authored by Aaron Emes.
  • Deliverability of Supply Considerations for Imports of LNG Through Canada and Mexico
    June 02, 2005
    Presented to the California Energy Commission in Sacramento, California.
  • Morin v. The Queen: Non-Traditional Employee Recruitment Fees May Reduce Section 7 Benefits
    June 01, 2005
    Anu Nijhawan, " Morin v. The Queen : Non-Traditional Employee Recruitment Fees May Reduce Section 7 Benefits", (June 2005) XVI(10) Taxation of Executive Compensation and Retirement 556. Reprinted with the permission of Federated Press.
  • Directors' Liabilities - Charities
    May 26, 2005
    With respect to any fiduciary duty or duty of care, there is a common misconception that an organization's charitable purpose may somehow immunize its directors from liability. In fact, the law in Canada seems clear that directors of charitable organizations do not enjoy any special privilege or immunity due to the nature of their work.
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