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Pluralism And Convergence: Judicial Standardization In Canadian Corporate Law, Camden Hutchison Jan 2021

Pluralism And Convergence: Judicial Standardization In Canadian Corporate Law, Camden Hutchison

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This article uses statistical analysis of judicial decisions to address whether (and to what extent) the common law of corporations varies among the provinces. The primary findings are: (1) as measured by the number of case citations, provincial courts of appeal favour precedent from their home provinces; (2) the Supreme Court of Canada exerts a powerful standardizing influence across the provinces; and (3) on balance (and despite the “home province” bias of provincial courts of appeal), Canadian corporate law is largely homogeneous, with little variation among provincial jurisdictions. This article concludes that—for a variety of reasons—it is unlikely that any …


Pension Fiduciaries And Climate Change: A Canadian Perspective, Maziar Peihani Jan 2021

Pension Fiduciaries And Climate Change: A Canadian Perspective, Maziar Peihani

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Climate change has emerged as a major issue of financial risk for Canadian pension funds when determining where to place investments. The author argues that while such pension funds recognize climate change as an issue that holds the potential for significant financial risk, the funds’ current approach to climate-related risks faces critical limitations. The author identifies the current practices of the five largest pension funds in Canada when faced with climate-related financial risks, then discusses the key shortcomings in current practices among the pension funds in three main areas.
First, the author examines organizational governance, which seeks to understand investment …