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Aligning Nigeria’S Companies And Allied Matters Act With Restructuring Objectives: A Comparative Analysis Using Key Areas Of Interest In Canada’S Insolvency Regime, Unyime Anieti Akpan

Master of Laws Research Papers Repository

Despite the commendable inclusion of restructuring options in Nigeria’s Companies and Allied Matters Act 2020 (“CAMA 2020”), there are still some issues to be addressed in order to fully align CAMA’s restructuring regimes with its goals. This paper undertakes a comparative analysis of the CAMA and the relevant Canadian laws in this respect (particularly the Companies’ Creditors Arrangement Act (“CCAA”) which are aimed at restructuring insolvent corporations. Given the broad nature of a general comparison of insolvency regimes, the approach of this research will be to highlight some key areas of interest under both the CAMA …

Reforming Canada's Cruel And Unusual Approach To Mandatory Minimum Drug Sentencing, Shelby Hayes

Master of Laws Research Papers Repository

Following the introduction of the Safe Streets and Communities Act, mandatory minimum penalties (MMPs) were greatly expanded in Canadian criminal law. This expansion has been controversial, particularly in the context of drug crime. Through the lens of proposed legislation, Bill C-5, this paper presents the arguments both for and against the use of MMPs in the Controlled Drugs and Substances Act, with a particular focus on their potential to produce cruel and unusual punishment. Ultimately, this paper argues that, on account of their many downfalls, MMPs should have no place in Canadian drug law.

Regulatory Capture Of Self-Regulatory Organizations (Sros) In Canada: Do Sros Serve Public Or Industry Interests?, Oluwadamilola Adesanya, Western University

Master of Laws Research Papers Repository

The Canadian securities industry relies heavily on self-regulation, with two self-regulatory organizations (SROs), the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA) regulating the industry. The former regulates all investment dealers and trading on Canada's debt and equities markets, while the latter governs domestic distributors of mutual funds, except fixed-income products. As expected in an SRO model of regulation, the structure of both IIROC and the MFDA presents a risk that industry members may influence or capture its operations, advancing industry interests at the cost of its public interest mandate.

This Article …

Legal Economics And The Canadian Accredited Investor Standard: Efficiency As A Proxy For Change, Jeremy White

Master of Laws Research Papers Repository

This paper takes a legal-economic approach in assessing the current accredited investor standard that exists as part of Canada’s securities laws. An accredited investor is often characterized as an individual that, due to his or her wealth, may participate in certain investment opportunities that would otherwise not be available. Canada’s National Instrument 45-106 views accredited investors as those with a unique ability to understand financial markets, and due to this level of understanding, the typical disclosure protections afforded to the public—mainly, the prospectus—are not necessary to these individuals.

A legal-economic approach to the accredited investor standard looks at the system …

Canada's Customary Obligation To Prevent Transboundary Harm And The Reduction Of Emissions, Tyler Hammond

Master of Laws Research Papers Repository

This paper evaluates Canada’s obligations under customary international law to abide by the duty to prevent transboundary harm. The question asked is whether Canada has obligations stemming from the duty of prevention to reduce greenhouse gas emissions? Under the duty, states are required to make a due diligent effort to reduce activities that cause harm in other states. This effort does not necessitate an actual cessation of a particular activity. Therefore, this paper argues that the duty of prevention can be applied in the context of reducing greenhouse gas emissions; hence, Canada is obligated to take the necessary steps to …

Where Are We Now? Accessing The Current Ontario Family Justice System, Kaitlin A. Jagersky

Master of Laws Research Papers Repository

Is the current family justice system more accessible than ever before? This paper considers the significant changes that have been made to the Ontario family justice system in recent years, including those made as a result of the COVID-19 pandemic, to determine if the “fundamental overhaul” and “bold innovation” called upon by the national Action Committee has occurred, bringing Ontario closer to a more accessible family justice system.

Several prominent legal scholars have identified access to family justice in Canada as a crisis and have made strongly worded recommendations on how the family justice system could be more accessible. As …

Bail In The Time Of Covid-19, Thomas A. Stinson

Master of Laws Research Papers Repository

The COVID-19 pandemic that began in early 2020 resulted in changes to both the form and content of bail hearings and reviews within Ontario. While the statutory framework contained within sections 515, 520, 525 and 679 of the Criminal Code remained unchanged, practical changes were necessary in order to allow bail matters to occur virtually and safely. Initially, the existence of COVID-19 may have allowed for the release of some accused persons who would not have been let out on bail prior to the pandemic. By early 2021, bail courts appear to have settled into a pattern where the COVID-19 …

Developing A Corporate Insolvency Framework For Nigeria., Chioma Ezinne Adiele

Master of Laws Research Papers Repository

An important indicator of a country’s economic strength is the resilience of its businesses, as evidenced by their ability to survive insolvency, reorganize, and return to profitability. Before a rescue process is commenced, it is important to determine the viability of the company to avoid deferred liquidations. When a viable corporation is insolvent, the going concern of the company should be preserved because the corporation is worth more to its creditors alive than dead. When a corporation is not viable, the swift sale of the assets as a going concern has the same purpose of rescuing the business to maximize …

Towards A Better Explanation Of Law And Economics: Revisiting Rational Choice Theory And The Market As A Framework For Legal Decisions, Sophie Stoyan

Master of Laws Research Papers Repository

As one of the most popular and influential legal ideologies since its inception in the late 1950s and early 1960s, there is a vast wealth of law and economics scholarship with remarkable breadth encompassing nearly every area of law. Yet despite the abundance of scholarship examining legal issues through a law and economics lens, there is comparatively little literature explaining law and economics itself. This paper seeks to overcome this gap in the literature by more clearly explaining the economic concepts on which the theory is built and the connections between these concepts. In other words, this paper aims to …

Faithfully Negligent: Religious Implications For Criminal Negligence Cases, Supreet Kaur Bath

Master of Laws Research Papers Repository

Do the actions of parents in withholding medical treatment from their children due to religious influence show wanton or reckless disregard for the safety and lives of their children? This project investigates the morally and legally complicated issue of the influence of religious beliefs in criminal negligence cases. My MRP is animated by the idea that similar cases in the past have been treated with leniency and ought to be given stricter punishments.

I focus in particular on cases in which parents opt for alternative remedies or faith healing for ill children in ignorance or defiance of available medical treatments. …

A Comparative Review Of Climate Change And Sustainable Development In Canada And Nigeria: The Path To A Greener Future., Mary Uchechi Nnabara

Master of Laws Research Papers Repository

Over the years, climate change and sustainable development have become global concerns that have attracted global attention. This is owing to the fact that human activities calculated to bring about economic growth and sustainable development have wrecked great havoc and disrupted the balance that exists between growth and the environment. It has therefore become crucial for nations to work towards a common goal which is to fight against climate change in order to achieve sustainable development.

This can be achieved by reducing activities that contribute to greenhouse gases in the atmosphere and to climate change. Also, countries will need to …

A Review Of The Proposals For Taxation Of Profits Of Businesses In The Digitalized Economy, Chukwuebuka Stanley Ndibe

Master of Laws Research Papers Repository

The advent of information technology and digitalization has changed and continues to change everyday life, including the manner in which business operations are carried out. Years back, to run a taxi business, you would need to own vehicles and employ drivers. Today, some digitalized businesses are able to operate the same business by just owning a digital interface and related intellectual property rights. This change in the way things are done has significant impact on traditional legal systems. In the realm of tax law, digitalization has impacted on traditional international tax rules including the threshold for allocating taxing rights. In. …

Closing Tax Planning Opportunities For Private Corporations In Canada: What Is The Impact On The Medical Profession?, Jessica Stuart

Master of Laws Research Papers Repository

The federal government has recently proposed significant changes to the taxation of private corporations in Canada. These changes will significantly affect, in particular, medical doctors as many of them use private corporations for tax and financial planning purposes. This paper focuses specifically on how the proposed tax changes will affect medical doctors, not just because of their importance to society, but also because of their unique financial situation.

Following the federal government’s release of its initial reform proposal, many doctors were upset that they were labeled as tax cheats who did not “pay their fair share”. It was predicted that …

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that solitary …

Sections 7 And 15 Of The Canadian Charter Of Rights And Freedoms In The Context Of The Clean Water Crisis On Reserves: Opportunities And Challenges For First Nations Women, Madiha Vallani

Master of Laws Research Papers Repository

This paper analyzes the water crisis on reserves through the lens of the Canadian Charter of Rights and Freedoms. Specifically, this paper discusses certain issues, stemming from the water crisis, that some First Nations women experience, through the lens of the Charter’s section 15 right to equality, and section 7 right to life, liberty, and security of the person. In doing so, this paper aims to draw attention to the various ways that the water crisis uniquely impacts First Nations women due to their intersectional experiences under the protected grounds of sex, ethnic origin, race, and residency on reserve …

Re-Imagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Law, Anaise Muzima

Master of Laws Research Papers Repository

The debate on the issue of child soldiers in international law has been mainly framed around the narrow question of whether child soldiers should be prosecuted or deemed innocent victims. This question, while essential, marginalized several considerations related to the multidimensional and intersecting identities and roles of child soldiers. Few scholars have investigated and evidenced the major gaps related to the legal protection of child soldiers in international law. While recognizing the potential related to the analysis on child soldiers’ criminal liability, this research proposes to focus on the examination of their vulnerabilities and to explore the legal foundations for …