Canadian Law eJournal最新文献

{"title":"Preserving Workers’ Dignity in Workers’ Compensation Systems: An International Perspective","authors":"K. Lippel","doi":"10.2139/ssrn.3580963","DOIUrl":"https://doi.org/10.2139/ssrn.3580963","url":null,"abstract":"BACKGROUND\u0000Workers' compensation systems are among the most generous disability insurance systems in North America, although they are also known to be potentially adversarial and may have iatrogenic effects on claimants. This article examines issues to be considered to ensure fair compensation provided in a way that respects the dignity of workers.\u0000\u0000\u0000METHODS\u0000An overview of the literature on characteristics and effects of workers' compensation systems is followed by an analysis based on classic legal methods, including those of comparative law, complemented with interview data to examine three models of disability compensation.\u0000\u0000\u0000RESULTS\u0000The first part of the article identifies cross cutting issues to be considered in the examination of the equity of compensation systems and the protection of the dignity of claimants. These include three underpinnings of workers' compensation: the links between a \"no-fault\" system and the adversarial process, the appropriate use of medical and scientific evidence in the determination of compensability and the application of appropriate measures for promoting return to work. The second part looks at accident compensation in New Zealand, where compensation is available regardless of the cause of the accident, and disability insurance in the Netherlands, where compensation is available regardless of the cause of the disability. It then describes a composite of characteristics favorable to equity drawn from the thirteen workers' compensation systems in Canada.\u0000\u0000\u0000CONCLUSION\u0000Systems that succeed in reducing opportunities for adversarial interactions and that provide substantive protection could better promote the dignity of claimants.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"201 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123024447","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":"Another Appeal for Pragmatic Reform: The Future of Section 427 Bank Act Security and Canadian Personal Property Security Law","authors":"Clayton Bangsund","doi":"10.2139/SSRN.1995572","DOIUrl":"https://doi.org/10.2139/SSRN.1995572","url":null,"abstract":"In this paper, I propose specific amendments to the Bank Act security provisions that will ultimately result in the repeal of Bank Act security. While the concept of repealing Bank Act security is certainly not novel, my recommended approach is unique in that it diverges from the Law Commission of Canada’s recommendations in the following article: “Modernizing Canada’s Secured Transactions Law: The Bank Act Security Provisions” (Ottawa: Law Commission of Canada, 2004).","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133733344","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":"Bank Act – PPSA Interaction: Still Waiting for Solutions","authors":"R. Wood","doi":"10.2139/ssrn.1978545","DOIUrl":"https://doi.org/10.2139/ssrn.1978545","url":null,"abstract":"The co-existence of a federal secured transactions regime (Bank Act security) and a provincial personal property security system (the PPSA) has given rise to a number of difficulties concerning the resolution of priorities. There has been a recent burst of activity – two Supreme Court of Canada decisions in 2010 followed by a federal legislative response in the form of an amendment to the Bank Act provisions, which the government expects to put in place by April 2012. Unfortunately, this latest legislative amendment is wholly inadequate. The new priority rule fails to confront the fundamental root of the problem: the fact that the priority mechanisms of the two regimes are based on two radically different ideas. It is a band aid solution that does not resolve the lack of compatibility between the two systems, but which will produce new interpretive problems and generate more litigation. As a consequence, many of the significant transactional efficiencies introduced by the modernization of provincial secured transactions law are severely compromised.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129533863","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":"Concerns Regarding the Ontario Court's Judgment in the Nareerux Case","authors":"J. Dolan","doi":"10.2139/SSRN.1956700","DOIUrl":"https://doi.org/10.2139/SSRN.1956700","url":null,"abstract":"In this article, which was published in 128 Banking Law Journal 116 (2011), Professor Dolan contends that the Ontario Court of Appeal created havoc with letter of credit law in Ontario by imposing on letter of credit issuers serious burdens requiring the policing of the underlying commercial transaction between the applicant for the credit and the beneficiary, all in a fashion contrary to Canadian precedent and contrary to a healthy legal environment for letters of credit.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114395783","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":"Toward Improving Canada's Skilled Immigration Policy: An Evaluation Approach","authors":"C. Beach, Christopher Worswick, A. Green","doi":"10.2139/ssrn.1959928","DOIUrl":"https://doi.org/10.2139/ssrn.1959928","url":null,"abstract":"Canada’s approach to immigration faces major challenges, and requires reform if Canada is to meet the international competition for skilled immigrants, according to a new policy study. In the Policy Study, the authors assess the strengths and weaknesses of the current point system used to screen new arrivals, identify the policy levers that affect the attributes and success rates of new arrivals, and break new ground by providing a tool to measure those impacts.The past two and a half decades have seen a marked worsening in the adjustment process of new immigrants, as their earnings levels have dropped significantly relative to Canadian-born workers, say the book’s authors. The earnings gap between Canadian- and foreign-born workers has widened, and the catch-up interval between the earnings of immigrants and Canadian-born workers has lengthened. These results have come at the cost of fewer human resources and skills available to the Canadian economy, a potential threat to social cohesion, and the likely loss of skilled immigrants who choose to return home or move on to another country.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115425585","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":"Rethinking Royalty Rates: Why There is a Better Way to Tax Oil and Gas Development","authors":"C. Busby, Benjamin Dachis, Bev Dahlby","doi":"10.2139/ssrn.1943694","DOIUrl":"https://doi.org/10.2139/ssrn.1943694","url":null,"abstract":"When provinces raise royalties charged on oil and gas production, the result can be less, not more tax revenues. The authors show how resource-rich provinces would be better off relying more on auctions for exploration and development rights and relying less on royalties levied on output. Oil and gas taxation in Canada consists of two main elements: an auction payment and royalties that apply to the value of resources extracted. The authors examine the results of Alberta’s short-lived decision, in 2007, to increase royalty rates on oil and gas production. Accounting for differences in bonus bids across provinces in the same geological zones, the authors report that Alberta government revenue, collected through bonus bids, declined by nearly as much as the projected increase in royalty payments.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129215065","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":"Rhetoric and Realities: What Independence of the Bar Requires of Lawyer Regulation","authors":"A. Woolley","doi":"10.2139/SSRN.1920921","DOIUrl":"https://doi.org/10.2139/SSRN.1920921","url":null,"abstract":"The Canadian legal profession is largely self-regulating. Provincial law societies governed by lawyers elected by their peers set the standards for admission to the profession and for ethical conduct, and investigate, prosecute and adjudicate allegations of professional misconduct by lawyers. Advocates for this regulatory structure rely on the concept of “independence of the bar”, the idea that lawyers must be free from any external interference with their representation of clients. Critics of the regulatory structure, meanwhile, argue that independence has a broader meaning than the advocates suppose and that, in any event, the self-regulatory structure of the Canadian profession is not necessary to ensure independence. This paper presents the varying interpretations of independence of the bar and suggests that while the advocates for self-regulation have a more justifiable understanding of independence than do critics, the concept of independence of the bar is not itself central to assessing the validity of any particular regulatory scheme. Rather, the things that independence should protect – the ability of lawyers to be zealous advocates for clients within the bounds of legality – should be used to assess the adequacies of any regulatory scheme. Does regulation ensure that lawyers fulfill their duty of zealous advocacy? Does regulation ensure that lawyers remain within the bounds of legality? Does regulation ensure access to justice? With these criteria in mind, and using recent changes to the regulation of lawyers in England and Wales as a comparator, the paper then analyzes the adequacy of regulation of Canadian lawyers with respect to competence, the general structure of professional regulation and access to justice. Based on this analysis, the author proposes changes to improve lawyer regulation in Canada. These changes do not abandon self-regulation. However, they include separating the adjudicative function of the law societies into a distinct dispute resolution entity with expanded regulatory powers in relation to hearing complaints brought directly by the public, addressing a broader range of matters in relation to competence and client service, and providing remedies beyond sanctioning lawyers. The changes would also include the creation of a legal regulatory review office in each province, governed by lawyers and non-lawyers alike, to exercise some constrained oversight and review of law society activities. Finally, the changes propose a variety of ways to enhance access to justice such as focusing law society activities on improving the functioning of the market for legal services through providing greater information to clients.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121124086","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":"What Do We Know About the Relationship Between Regionalized Aspects of the Unemployment Insurance System and Internal Migration in Canada?","authors":"K. Day, S. Winer","doi":"10.2139/ssrn.1859994","DOIUrl":"https://doi.org/10.2139/ssrn.1859994","url":null,"abstract":"The purpose of this paper is to critically review the past four decades of empirical research on the relationship between internal migration and regional variation in the generosity of Canada’s unemployment insurance system. It has long been argued that because the Canadian insurance system is more generous towards people who live in relatively disadvantaged regions, it retards the out-migration that is part of the market process, thereby slowing economic development and contributing to the persistence of regional inequality in earned incomes. The survey shows, however, that there is no evidence in the empirical literature that regional variation in the generosity of the insurance system has altered internal migration patterns in Canada in a substantial manner.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133518804","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":"What Does the Market Say About Say on Pay? A Look at the Canadian Bank Experience","authors":"Kim Trottier","doi":"10.2139/ssrn.1840673","DOIUrl":"https://doi.org/10.2139/ssrn.1840673","url":null,"abstract":"This paper explores the share price reaction to a recent news announcement that Canadian banks were adopting say-on-pay, a policy that gives shareholders an annual non-binding vote on executive compensation. Using event study methodology, the effect of adopting this new policy is explored and found to be associated with a significant increase in share price. This result suggests that giving shareholders a voice on executive compensation is expected to generate economic benefits, which adds to the paucity of knowledge currently available to shareholders and legislators as they consider the consequences of say-on-pay.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121929126","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":"Alternative Dispute Resolution for Stakeholders in International Investment Law","authors":"D. Collins","doi":"10.2139/SSRN.1788243","DOIUrl":"https://doi.org/10.2139/SSRN.1788243","url":null,"abstract":"This article discusses several alternative dispute resolution (ADR) mechanisms that intend to address complaints from civil society stakeholder groups that may suffer as a consequence of foreign direct investment. ADR methods such as mediation are well suited to resolving international investment disputes of this nature because these methods are more accessible to such stakeholders in the developing world where conventional fora such as civil courts may be unavailable, not independent, or else too expensive. The article explores common stakeholder grievance procedures within the international development banks that fund investment projects in the developing world. It then examines the national contact points procedures established under the Organization for Economic Cooperation and Development as well as a new office maintained by the Canadian government for complaints regarding foreign investment in the extractive sector. The article concludes by recommending ways in which participation in these types of processes by investors and other stakeholders can be improved through mandatory provisions in international investment agreements. The Author 2012. Published by Oxford University Press. All rights reserved., Oxford University Press.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117118264","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}