Canadian Law eJournal最新文献

{"title":"Shareholder-Driven Corporate Governance","authors":"A. Anand","doi":"10.1093/oso/9780190096533.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780190096533.003.0001","url":null,"abstract":"This introductory chapter provides an overview of shareholder-driven corporate governance (SCG). SCG is a broad-based analytical concept that refers to the trend in corporate governance whereby shareholders participate in the governance reforms that public corporations adopt. Participation is defined broadly: it does not merely refer to increases in shareholders’ direct voting power; rather, it encompasses reforms that reduce opportunities for managerial entrenchment (boards and management alike) that generally increase the ability of shareholders to become involved in the day-to-day operation of the business. After setting forth the framework for analyzing shareholders’ role in today’s corporation, the chapter outlines the distinctive features of SCG, such as majority voting and proxy access. It also looks at differences in governance regimes across a number of countries and the impact of these differences on shareholders’ interests.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130581274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Some Law & Economics of the Class Action","authors":"E. Mackaay","doi":"10.2139/ssrn.3456352","DOIUrl":"https://doi.org/10.2139/ssrn.3456352","url":null,"abstract":"Class actions aim to bring economies of scale to bear on legal proceedings, by joining cases that have a common cause of action against a common defendant into a single lawsuit leading to a judgment or settlement that binds the entire class. Legal procedures, lawyer time, evidence by experts and court resources are thus all used once for all, rather than multiple times during individual lawsuits.Where individuals would not have brought suit because the damage they suffered is too small in relation to the minimal fixed cost of a lawsuit (small claims, but, in a different sense, also mass torts, where the evidentiary problems may be extraordinarily complex and costly), the class action may make it possible to impose on a wrongdoer the full weight of individually small harms inflicted on many persons, that would otherwise go unchallenged. From an economic point of view, this \"internalisation\" of costs, shoring up the deterrent effect of legal rules, is a desirable development. Where individual victims are facing a large enterprise that is a repeat player in similar matters, with an interest in fighting to prevent any adverse judgment, the class action may (somewhat) level the playing field. Even where the individual interest at stake is large enough to justify a lawsuit, resorting to a class action may still be worthwhile given the more ample resources that can be mobilised, considering the size of the class, to collect evidence and present the case in court. While the class action's potential deterrent effect and the economies of scale in legal proceedings are undisputed, the procedure generates its own transaction costs, in particular as regards the agency problem of supervising the class counsel handling the case, whose interests may diverge from those of the class members. Class actions also create a risk of litigation about trivia, which in ordinary proceedings is controlled by the de minimis judex non curat rule. Furthermore, the size of the class may cause difficulties in contacting some of the members and of distributing the sums collected, such that a leftover amount may have to be paid to an outside entity whose activities favour the class. As the class action makes its deterrent effect felt, it becomes apparent that it is an alternative to direct regulation of potentially wrongful behaviour. This raises the question of the comparative advantages and disadvantages of this procedure.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125488061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Pathogen Astride the Minds of Men: The Epidemiological History of Pseudolaw","authors":"D. Netolitzky","doi":"10.2139/ssrn.3177472","DOIUrl":"https://doi.org/10.2139/ssrn.3177472","url":null,"abstract":"Pseudolaw is a collection of legal-sounding but false rules that purport to be law. Pseudolaw has independently emerged in different countries and communities on multiple occasions. Despite that, modern pseudolaw world-wide is remarkably similar, despite that pseudolaw host populations have extremely different political, cultural, and historical profiles. What is common among groups that endorse pseudolaw is: 1) an anti-government and anti-institutional orientation, and 2) a conspiratorial world perspective. Modern pseudolaw has spread, starting from the US Sovereign Citizen population, and then infected a succession of other communities. This progression was facilitated by key individuals and can be tracked, host group to host group. Modern pseudolaw was introduced into Canada by one individual, Eldon Warman, who reframed its concepts to better suit a Commonwealth rather than US context. Warman’s pseudolaw variation spread into several Canadian communities with very different social objectives. The leftist anti-government Freemen-on-the-Land then seeded pseudolaw into the UK, the Republic of Ireland, New Zealand, South Africa, and several European countries. Some of the resulting groups were stillborn, but in the UK pseudolaw has thrived, but principally as mechanism to attack debt collection, rather than to challenge government authority. US Sovereign Citizen pseudolaw has also directly spread into the culturally distinct urban black Moorish community, and the German and Austrian right-wing Reichsbürger groups. Australia is unique in that its pseudolaw culture incorporates US Sovereign Citizen, Canadian Freeman, and domestic concepts. In other countries, the appearance of modern pseudolaw drove other pre-existing variant law schemes into extinction.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"323 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123166249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Paris to Projects Research Initiative","authors":"Robert B. Gibson, Karine Péloffy, Meinhard Doelle","doi":"10.2139/ssrn.3122646","DOIUrl":"https://doi.org/10.2139/ssrn.3122646","url":null,"abstract":"This working paper explores the key components and provisions that need to be incorporated into impact assessment legislation to ensure that assessed undertakings help meet Canadian climate change mitigation commitments and duties. \u0000This discussion paper includes a summary that serves as a basic briefing note on the core climate components that should be included in the new federal legislation. It also includes a box presenting the tests for determining an undertaking's contributions to meeting Canada's international climate change mitigation commitments, and a more detailed discussion of implications for the new law.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121844515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Place of Effective Management Indian Income Tax Perspective","authors":"Arkodeb Sinha","doi":"10.2139/SSRN.3074254","DOIUrl":"https://doi.org/10.2139/SSRN.3074254","url":null,"abstract":"'Place of effective management' (POEM) is an internationally recognized concept for determination of residence of a company incorporated in a foreign jurisdiction. Most of the tax treaties entered into by India recognise the concept of 'place of effective management' for determination of residence of a company as a tie-breaker rule for avoidance of double taxation. Many countries prefer the POEM test to be appropriate test for determination of residence of a company.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134207880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Local Governments and the Crown's Duty to Consult","authors":"Felix Hoehn, Michael Stevens","doi":"10.29173/ALR2483","DOIUrl":"https://doi.org/10.29173/ALR2483","url":null,"abstract":"Do municipal governments embody the Crown to the extent that they owe a duty to consult with Indigenous groups when a local government decision might detrimentally impact Aboriginal rights? The authors point to two legal trends: jurisprudential recognition of administrative bodies’ ability to satisfy the duty in certain circumstances, and the expansion of the scope and role of municipal governments. The authors argue that when a province creates local governments with broad powers, the exercise of the powers conferred on the municipal governments are still subject to constitutional limits, such as the duty to consult. The article also highlights policy and practical considerations in support of this argument.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114529862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Risk Regulation for the Legal Profession","authors":"A. Dodek, Emily Alderson","doi":"10.29173/ALR2448","DOIUrl":"https://doi.org/10.29173/ALR2448","url":null,"abstract":"This article explores the current state of Canadian legal services regulation and changes that are impacting it. The authors argue that the only legitimate purpose for legal services regulation is the protection of the public interest, and this goal is best achieved through risk regulation. The article discusses four roles risk plays in regulation: as an object of, and justification for, regulation, as an organizing principle, and as a measure of accountability. It includes practical examples and comparisons to other jurisdictions and professions. Finally, the authors recognize that substantial changes will be required to shift to a risk regulation regime for legal services, but that such a change is necessary.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130319547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Supreme Court of Canada Upholds Worldwide Interlocutory Injunction Against Google","authors":"Dr. Emir Crowne","doi":"10.1093/jiplp/jpx143","DOIUrl":"https://doi.org/10.1093/jiplp/jpx143","url":null,"abstract":"In Google Inc. v. Equustek Solutions Inc., 2017 SCC 34, a majority of the Supreme Court of Canada upheld a worldwide interlocutory injunction against Google that required it to globally de‑index the webpages of a defendant in a separate intellectual property infringement proceeding.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124733165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Navigating the Swamp: Lessons on Wetland Offsetting for Ontario","authors":"D. Poulton, A. Bell","doi":"10.2139/SSRN.3066226","DOIUrl":"https://doi.org/10.2139/SSRN.3066226","url":null,"abstract":"This report was produced in response to the proposal by the Ontario government to develop a wetland offsetting policy. The new policy would enable the compensation for negative impacts of development through the restoration or creation of other wetlands. The report surveys relevant laws and policies respecting wetland compensation regimes in the provinces of Alberta, New Brunswick, Nova Scotia, Quebec, Saskatchewan, British Columbia, and Newfoundland and Labrador, and in the federal domain in Canada and the United States. It looks at policy outcomes and lessons learned from those jurisdictions, noting that though there are no examples of resounding success, the experience in those jurisdictions point to challenges, best practices and promising approaches, which indicate a positive path forward. The report includes 22 recommendations to the Government of Ontario respecting the development of the new policy.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"1203 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115291618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Employment Standards for Mobile Workers","authors":"Gesualdi Fecteau Dalia, Delphine Nakache","doi":"10.2139/ssrn.3140589","DOIUrl":"https://doi.org/10.2139/ssrn.3140589","url":null,"abstract":"This report aims to explore and compare Employment-Related Geographical Mobility (“ERGM”) issues with regards to minimum employment standards (“ES”) of several Canadian provinces.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121774096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}