Law Commons^™

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.

Local And Regional Interests In The Debate On Optimal Securities Regulatory Structure, Poonam Puri

Commissioned Reports, Studies and Public Policy Documents

In considering optimal securities regulatory structure, it is important to determine whether distinctive local and regional capital markets exist. If so, they should be taken into account.

A capital market is comprised of issuers and investors. In respect of issuers, this study finds that local infrastructures for capital raising (LICRs) exist for certain industries and levels of market capitalization. An LICR is defined as a geographic region where there is a critical mass of issuers of a certain industry type or level of market capitalization; this allows local securities regulators and professionals (such as investment bankers, lawyers and accountants) to …

Chapter 11 And The Francovich Doctrine: Comparing State Liability Under Nafta And Ec Law, Gus Van Harten

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Reform Proposal: Uniform Source Withholding Tax And Global Profit Split, Jinyan Li

Articles & Book Chapters

This chapter first presents a case for a re-evaluation of the fundamental concepts and principles of international taxation in light of the challenges posed by electronic commerce. It also argues that inter-nation fairness should be the primary policy objective of any improvement(s) to the present system and that single taxation should be the guiding principle.

Settlement Finality And Associated Risks In Funds Transfers – When Does Interbank Payment Occur?, Benjamin Geva

Articles & Book Chapters

This paper addresses the first meaning of settlement finality, that is, the discharge of the interbank obligation. The discussion focuses on large-value transfer systems, namely, "systematically important" payment systems, and examines settlement finality therein under the provisions of Article 4A of the Uniform Commercial Code-Funds Transfers. Primary attention is given to the various implications of settlement finality under Article 4A, as well as to compliance with the statutory scheme with BIS Core Principles, in conjunction with system rules. Following the present discussion on the meaning of settlement finality, Part 2 of the paper sets out settlement mechanisms in large-value transfer …

Hard Choices And Soft Law: Ethical Codes, Policy Guidelines And The Role Of The Courts In Regulating Government, Lorne Sossin, Charles Smith

Articles & Book Chapters

The authors examine a number of examples of "soft law": written and unwritten instruments and influences which shape administrative decision making Rather than rendering bureaucratic processes more transparent and cohesive, or fostering greater accountability and consistency among decision-makers, "soft law" in this context frequently reinforces artificial divisions. Moreover, it insulates decisions and decision-makers from the kinds of critical inquiry typically associated with "hard law. " If it is to realize its potential as a bridge between law and policy, and lend meaning to core principles - like fairness and reliability - soft law ought to be subjected to similarly critical …

A Failed Experiment? Investigative Detention: Ten Years Later, James Stribopoulos

Articles & Book Chapters

Ten years ago, the Ontario Court of Appeal introduced the investigative detention power to Canada with its decision in R. v. Simpson. After providing some necessary background about the realities of police detention practices, the author offers a critical evaluation of Simpson and the ancillary powers doctrine that it relied upon to create this new police power. The author then proceeds to consider how well the investigative detention experiment has fared over the last decade, examining whether it has lived up to the goal that provided its inspiration, namely, the regulation of police detention practices. The author advances two major …

Globalization & The Law: An Introduction, Trevor C. W. Farrow, Sheilah L. Martin

Articles & Book Chapters

The focus of this special issue of the Alberta Law Review is globalization and the law. The purpose of this special issue is to look at ways that law is participating, and can participate, in the process of globalization. Given the social and political regulatory power of law- both domestic and international - there is no doubt that law can and should have a lot to say about how the process of globalization develops.

Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow

Articles & Book Chapters

This article discusses the modern convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War I1 international human rights project. Second - in contemplation of the specific context of teaching civil procedure - to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.

Thinking About Dispute Resolution, Trevor C. W. Farrow

Articles & Book Chapters

This is a review of Julie Macfarlane et al., eds. Dispute Resolution: Readings and Case Studies. 2nd ed. Toronto: Emond Montgomery, 2003.

Diffusing Environmental Regulation Through The Financial Services Sector: Reforms In The Eu And Other Jurisdictions, Benjamin J. Richardson

Articles & Book Chapters

The financial services sector has the potential to be an important facet of future systems of environmental governance. But, so far, only ad hoc policy initiatives have arisen in the EU and other countries addressing the environmental roles of banks or insurers. Because the financial services sector is where wholesale decisions regarding future development, and thus pressures on the environment, arise, reform of investment, banking and insurance services to promote long term investment and better consideration of environmental impacts may be an effective way to promote sustainable development. Reforms such as corporate environmental reporting requirements, mandatory environmental liability insurance, and …

The Van Ert Methodology Of Domestic Reception, Jamie Cameron

Articles & Book Chapters

A review of Gibran van Ert's book: Using International Law in Canadian Courts. This review approaches the author's methodology of domestic reception from a constitutionalist's perspective.

Legal Education As A Strategy For Change In The Legal Profession, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.

Taxing And Trading In Corporate Energy Activities: Pioneering Uk Reforms To Address Climate Change, Benjamin J. Richardson, Kiri L. Chanwai

Articles & Book Chapters

The landscape of UK environmental law is changing rapidly, with important implications for British companies. In recent years, energy activities have surfaced from the relative backwaters of UK environmental regulation to occupy the limelight. The reason is climate change. As the scientific prognosis of global warming firmed, and evidence of the likely economic and ecological ramifications became better understood, authorities in the UK and abroad have sought new policies and laws to stem greenhouse gas emissions. European Union (EU) and international authorities have also come to regard our reliance on dirty fossil fuels and profligate energy consumption as the greatest …

The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker

Articles & Book Chapters

The Supreme Court of Canada's decision in The Canmar Fortune endorses the "strong cause test" for determining when to give effect to exclusive jurisdiction agreements.

Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker

Articles & Book Chapters

Despite the comprehensiveness of neo-liberal restructuring in Canada, it has not proceeded uniformly in its timing or outcomes across regulatory fields and political jurisdictions. The example of occupational health and safety (OHS) regulation is instructive. This article compares recent OHS developments in five Canadian jurisdictions, Alberta, British Columbia, Nova Scotia, Ontario and the Federal jurisdiction. It finds that despite the adoption of a common model by all jurisdictions, there has recently been considerable divergence in the way that the elements of worker participation and protection have been combined. Modified power resource theory is used to explain a portion of this …

Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai

Articles & Book Chapters

In the recent Canada Business Corporations Act amendments implementing a proportionate liability scheme, auditors appear to be winners. This is consistent with the trend in the past several years as a result of which Canadian auditors have been successful in narrowing the scope of their liability both through legislation and through common law. Going forward, however, it is fair to say that auditors will be losers unless the accounting profession re-evaluates its role and responsibilities to its stakeholders. Given the accounting and corporate governance scandals North America has witnessed in the past few years, as well as the actual and …