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...]
Stalin The Magician
I have been organizing a human rights film series for the past year, and leading discussions with the audience after the showing. For one of these discussions, I had with me (through Skype) the distinguished writer Stephen Heighton, and we talked about his novel Every Lost Country, set in Tibet and … [Read more...]
BenchPress – Vol 41-2
Judge Restrains Restraint Policy Newfoundland and Labrador Provincial Court Judge John Joy recently wrote a decision criticizing the police practice of automatically using leg shackles on prisoners. He stated that the practice of restraining prisoners without first determining if it is justified is … [Read more...]
When Sexism Hits the Fan: How Female Defence Counsel Are Put on Trial Because of their Gender
Not one work day goes by where my gender, age and race don’t affect my job. If anyone questions how “real” the discrimination is for women in criminal law, specifically for women of colour, and especially for women of colour who are members of the defence bar, I invite you to accompany me to court, … [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...]
41-2: Criminal Justice
Criminal Justice is achieved through the dedicated effort of many players and it must protect all who come in contact with it. Volume 41-2 Nov/Dec 2016 Full PDF of this issueTable of ContentsFeatured Articles: Criminal JusticeSpecial Report: The Law in Challenging Economic … [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...]
Legalizing Marijuana Use in Canada: Some Concerns
The possession of marijuana in Canada is unlawful under the Controlled Drugs and Substances Act, SC 1996, c 19 (CDSA), but the use of marijuana is legalized for medical purposes under the Marijuana for Medical Purposes Regulations, SOR/2013-119 (“MMPR”). However, as far back as 2013, Canada’s … [Read more...]
