The Right Honourable Beverly McLachlin, P.C., Chief Justice of Canada and the Chair of the Board of Governors of the National Judicial Institute said about judicial education: As the landscape of judges becomes ever more complex through technological, environmental and socioeconomic changes, … [Read more...]
Scrutinizing the Bench: Judicial Appointments in Canada and England and Wales
When judges are sworn in to judicial office in Canada and England and Wales, they recite a common oath of office. A judge promises "to do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will." Alluded to in this shared oath is the … [Read more...]
Aboriginal People are still without Supreme Court Representation
Prime Minister Trudeau’s selection of Justice Malcolm Rowe to the Supreme Court of Canada marks the first judicial appointment from Newfoundland and Labrador. Prior to this, on August 2, 2016, the Prime Minister announced that an advisory board would recommend a shortlist of candidates based on a … [Read more...]
The Appointment of Justice Rowe
On October 17, 2016 Prime Minister Trudeau nominated Justice Malcolm Rowe for appointment to the Supreme Court of Canada. Justice Rowe was a trial judge in Newfoundland and Labrador for two years before being appointed to the Court of Appeal of Newfoundland and Labrador in 2001. The first section … [Read more...]
Bankruptcy, Insolvency and Receivership
Canadian commercial insolvency law is not codified in one exhaustive statute. Instead, Parliament has enacted multiple insolvency statutes, the main one being the Bankruptcy and Insolvency Act. The BIA offers a self-contained legal regime providing for both reorganization and liquidation. It is … [Read more...]
Paying Other People’s Taxes
Keeping up with our tax obligations is challenging when times are good, and even more so when the economy turns. Painful though it is to manage our own tax obligations, becoming liable for taxes actually payable by other people can cause even greater distress. The Canada Revenue Agency (CRA) has … [Read more...]
How the Economy Influences Bankruptcy and Vice Versa
Individuals file for bankruptcy because they are insolvent. Being insolvent means that they owe more than they own, or do not have the ability to repay their debts as they become due. While the underlying factor is debt, what can cause an individual person to become insolvent is often an unexpected … [Read more...]
Business Succession Planning is an Investment in the Future
Canadians are aging and Canadian entrepreneurs are aging even faster. According to the Canadian Venture Capital and Private Equity Association, over the next 12 years, more than half of the country’s medium sized business owners are expected to retire. General industry is expected that more than 56% … [Read more...]
Legal Responses to the Financial Crisis of 2008 in Canada, the U.K. and the U.S.
Stock tickers with downward arrows. Index charts and monitors evincing the value lost by public companies and currencies overnight. These were scenes familiar to those who worked on Wall Street, the City, and other global financial centres in 2007 when the financial crisis began in earnest. But … [Read more...]
Bieber and Beachclub: What is Defamation in the Social Media Era?
On May 16, 2016, the Montreal Gazette and the New York Daily News reported that Stratford-born pop star Justin Bieber had been sued in Montreal by event promoter Team Productions for $650,000 CDN for defamation. Bieber's offending comment was a tweet on August 22, 2015, which would have been the … [Read more...]