Law Commons^™

The Role Of Corporate Governance In Curbing Foreign Corrupt Business Practices, Poonam Puri, Andrew Nichol

Osgoode Legal Studies Research Paper Series

The role of corporate and securities laws in addressing foreign corrupt business practices has, to date, received limited consideration. Departing from the substantial literature on the criminal and public law response to international corruption, the authors analyze Canada’s Corruption of Foreign Public Officials Act in comparison with British and American legislation and conclude that the Canadian regime relies too heavily on the use of criminal sanctions and fails to contemplate the role of behaviour modification in its legislative structure. Recognizing that multinational corporations are well placed to identify, expose and prevent corrupt business practices, the authors propose a private law …

Developments In Financial Services Regulation: A Canadian Perspective, Poonam Puri, Andrew Nichol

Articles & Book Chapters

No abstract provided.

Rethinking Enforcement And Litigation In Ontario Securities Regulation, Mary Condon

Articles & Book Chapters

The Ontario government has recently made changes to provincial securities law that are aimed at more effective enforcement. For example, statutory civil remedies are now available to investors in actions involving misrepresentation or inadequate disclosure in the secondary market. A broader range of sanctioning options has also been made available to the Ontario Securities Commission.

The author explores the factors contributing to these developments, identifies recent controversies surrounding the Commission's enforcement activities, and evaluates the effectiveness of different approaches to enforcement. The author reviews policy issues surrounding enforcement through public, criminal and quasi-criminal sanctions, as well as civil remedies, and …

Connecting Economy, Gender, And Citizenship, Mary G. Condon, Lisa C. Philipps

Articles & Book Chapters

This chapter explores emerging discourses of economic citizenship and con- siders how they might illuminate developments in taxation and securities law and policy. In previous work, we have discussed how different fields of business and commercial law help to construct and regulate a gendered and classed economic order (Condon 2000, 2001, 2002; Philipps 1996, 2002, 2003). Here we draw upon theories of citizenship as a possible source of new insights about the formation and governance of an increasingly market- oriented social order and law’s role in that process. First, we focus on the significant theoretical challenges posed by emergent notions …

The Use Of Public Interest Enforcement Orders By Securities Regulators In Canada, Mary G. Condon

Commissioned Reports, Studies and Public Policy Documents

The purpose of this study is to examine the use of discretionary enforcement powers by securities regulators in Canada, in order to assess the implications of multiple regulators for the enforcement of securities law.

Of Butterflies And Bitterness?: Legal Fictions In Corporate And Securities Law, Mary G. Condon

Articles & Book Chapters

The theme of fictions in law in the context of corporate and securities law raises some intriguing issues, and I am particularly grateful for the opportunity it gives me to rethink some of my previous work on corporate law. At one level, the topic of fictions in law is an obvious one for an Anglo-American corporate lawyer. One of the first principles of Anglo-American corporate law that students learn is that the corporation is best understood as a legal fiction. The principle is otherwise known as the doctrine of the separate legal personality of the corporation. This is the idea …

High Tech Lending: Maintaining Priority In An Intangible World, Richard Haigh, Marc R. Mercier

Articles & Book Chapters

Financing intangible intellectual property in Canada presents some novel demands on lenders because of the interaction of provincial security schemes with federal intellectual property legislation. This article looks at the relative ease with which security interests in intangible property may be obtained under provincial personal property security regimes, and then at the various federal intellectual property statutes which exhibit more of a piecemeal approach to financing. In addition, a number of constitutional issues arise because of this jurisdictional split, and the article explores these issues, comparing the situation in Canada with that in the United States. The article suggests that …

Following Up On Interests: The Private Agreement Exemption In Ontario Securities Law, Mary Condon

Articles & Book Chapters

This paper uses insights from cultural theories of regulation and critical legal studies to argue that regulatory outcomes are not adequately explained by the activities of dominant interest groups. A more dynamic conception of the relationship between interests and ideas, especially legal ones, is required. Discursive shifts among languages of entrepreneurship, ownership, fairness, and market credibility are shown to be consequential for the outcome of the reform debate examined, not least because of the importance of these ideas, variously interpreted, in shaping the positions of interest groups.