Editor’s note: This is a historical post in need of updating Effective July 1, 2010, the Harmonized Sales Tax (HST)...… Keep Reading
Kornfeld LLP Updates
Financial Transactions
New Guidelines for Reporting Equity Monetization Derivative Transactions in Canada
New guidelines assist insiders in reporting derivative-based transactions in which they are able to monetize their equity without simultaneously transferring… Keep Reading
According to Statistics Canada, divorce is on the decline but for those who are divorcing, nearly three-quarters of them are...… Keep Reading
Litigation and ADR
Document Discovery Rule 7-1
For print version, click here This article is published in the Verdict, a publication of the Trial Lawyers Association of...… Keep Reading
Business Acquisitions & Divestitures, Financial Transactions
BC Securities Commission refuses to intervene in gold mine take-over battle
The BC Securities Commission issued reasons on Thurdsay, April 8, 2010 for its recent decision not to enter the fray of a...… Keep Reading
Corporate Governance
Concluding the Case for Allowing Corporations to Limit Directors’ Personal Liability
This is the fourth and final post in a series of posts on this subject. The full version of the...… Keep Reading
Real Estate Law
A Discharged Mortgagee Seeks An Interest In Security Posted Pursuant to Section 24 Of The Builder’s Lien Act
In a case being heard before the B.C. Supreme Court this week, a mortgagee who has discharged its security is...… Keep Reading
Corporate Governance
Reasons for Proposed Corporate Law Change to Allow for ‘Charter Option’
This is the third in a series of posts on this subject. The full version of the article was published...… Keep Reading
This week award-winning Mario’s Gelati and related businesses commenced litigation to recover devastating economic losses sustained as a result of alleged...… Keep Reading
Articles & Publications
New Rule Change on Document Discovery Will Affect Litigants’ Rights and Counsel’s Ethical Responsibility
New Rule 7-1 will replace existing Rule 26(1) by mandating a two-step process for obtaining discovery of documents. This will,...… Keep Reading
Litigation and ADR
A Case for Commercial Arbitration
The focus of the civil justice system over the past number of years has, in large measure, been driven by...… Keep Reading
Corporate Governance
Rationale for the Current Canadian Regime of Director Liability
This is the second in a series of posts on this subject. The full version of the article was published...… Keep Reading
Labour & Employment
Bad faith damages in wrongful dismissal cases: Post Wallace jurisprudence
Print version available here. This post was published by Vancouver Bar Association‘s The Advocate. Introduction Prior to the Supreme Court...… Keep Reading
Corporate Governance
The Case for Empowering Canadian Corporations to Limit Directors’ Personal Liability: Revisiting the “Charter Option”
Print version available here. This article was published by the Institute of Corporate Directors in its Journal and as a...… Keep Reading
Articles & Publications
Empowering Canadian Corporations to Limit Personal Liability of Directors
It is in the interests of society to foster a business environment in which corporations can achieve their primary objectives...… Keep Reading
Articles & Publications
Uncertanties Inherent in Synthetic CDOs/Credit Default Swaps
This article is also available as PDF. Introduction As instances of default under collateralized debt obligations (CDOs) rise, uncertainty over...… Keep Reading
Articles & Publications, Corporate Governance
Demand Futility in Derivative Action Cases
This article is available as a PDF Introduction When seeking leave to commence a derivative action for and on behalf...… Keep Reading
Articles & Publications
Removing, Adding or Substituting a Party After Judgment or a Final Order: Can it be Done, and When?
For a print version of this article, click here. Editor’s Note: Please note this article is based on Supreme Court...… Keep Reading
Articles & Publications
Notice Extension for Bad Faith Dismissal: A Remedy Divorced From the Wrong
The effect of the decision of the Supreme Court of Canada in Wallace v. United Grain Growers Ltd.1 is irrefutably...… Keep Reading
Articles & Publications
Bad Faith Damages in Wrongful Dismissal Cases: Post Wallace Jurisprudence
Prior to the Supreme Court of Canada’s landmark decision in Wallace v. United Grain Growers Ltd.,1 in a case of...… Keep Reading
Articles & Publications
Wills Variation and the Blended Family: Who Wins, Who Loses?
For a PDF version of the article, click here. Introduction Claims by opposing members of blended families((Tataryn v. Tataryn Estate,...… Keep Reading
Articles & Publications
Wills Variation Claims Involving Independent Adult Children
This article is also available as a PDF Introduction Claims by and involving adult children since Canada’s landmark wills variation...… Keep Reading
Articles & Publications
Jurisdictional Issues in Electronic Commerce: A Canadian Perspective
For a PDF version of this article, click here. Introduction Governments, the private sector, the media, and academicians have defined...… Keep Reading
Articles & Publications
The Curative Provision in Section 43(6) of the Personal Property Security Act: How Misleading is a Seriously Misleading Error?
For a PDF version of this article, click here. The Personal Property Security Act, R.S.B.C. 1996, c. 359 (the “PPSA”),...… Keep Reading
Articles & Publications
The Prospects of a Successful Claim Against Auditors in Fraud
Assistance of my former colleague Tricia Auton is gratefully acknowledged. This post was published in Vancouver Bar Association‘s The Advocate, May...… Keep Reading