Monday, 24 February 2014 08:00

Court of Appeal rights its own wrong

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn a stunning reversal, a five-judge panel of the Ontario Court of Appeal reversed its decision in Sharma v. Timminco Ltd. where it just recently held that the three-year limitation period for bringing a statutory claim for misrepresentation in respect of shares trading in the secondary market could not be suspended until a court had granted leave to commence the claim.
Published in Web exclusive content
Monday, 09 December 2013 08:00

Lessons to be learned from LSUC v. Groia

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgWhen does zealous courtroom advocacy cross the line into incivility? And when does that incivility cross over to professional misconduct? The Law Society of Upper Canada has been grappling with these issues in a case that has held the attention of Ontario lawyers for nigh on a decade.
Published in Web exclusive content
b_150_0_16777215_00___images_stories_01-INHOUSE_2013_October_Kathleen-Keller-Hobson.jpgShareholder activism is in the news daily: institutional investors publicly criticizing corporate governance and performance, hedge funds and other investors demanding change through proxy contests, and courts determining activists’ rights when shareholder relations become fractious.
Published in Latest News
Monday, 21 October 2013 08:17

A sea of change

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_alan_acton_2011.jpgFor more than two decades, I have worked with a select group of clients to help them achieve their financial goals in the most efficient manner possible. I have built my business based on a solid value proposition and service offering. I have applied a transparent compensation structure so clients can understand that I have worked to remove any conflicts of interest — real or perceived — to ensure there is no incentive to do anything but offer the best advice possible.
Published in Web exclusive content
Monday, 23 September 2013 09:00

Funding the sport of kings

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn July, plaintiffs in a securities class action styled Bayens v. Kinross Gold Corp. were granted approval of a litigation funding agreement whereby the plaintiffs would be indemnified against any potential adverse costs awards in this class action. In granting this funding arrangement, Ontario Superior Court Justice Paul Perell outlined a number of principles that should be considered where a proposed funding arrangement is before the court.
Published in Web exclusive content
b_150_0_16777215_00___images_stories_01-INHOUSE_2013_September_crowdfunding.jpgStart-ups and small businesses may soon have an easier time getting access to cash as the Ontario Securities Commission takes the next step in developing a crowdfunding regulatory framework.
Published in Latest News
There is so much that is annoying, and simply not enough time to complain about it all. That does not mean I don’t make a good faith effort to complain about as many of those annoyances as time, and the patience of others, permit. I think of it as a service, where the complaints become “insights.” E-mail etiquette is a metaphorical gold mine for annoyances. For example, it is difficult to understand why a group of 40-odd recipients on an e-mail trail needs to know one individual “will respond soon.” Context also affects annoyances. For example, words mispronounced once are bothersome, but repetition of the mispronunciation ranges from annoying to hilarious.
Published in Commentary
b_150_0_16777215_00___images_stories_01-INHOUSE_Standard_photos_renato-pontello.jpgIn Canada, a bidder interested in launching a takeover bid to acquire parts, or the whole, of a business will publish its intention either by posting a newspaper ad, delivering a bid circular appealing directly to the security holders, or, more typically, will send a “bear hug letter” to the CEO (and/or the chairman). In the latter case, if the letter is rebuffed, its only way forward is to launch a takeover bid directly to the target’s security holders.
Published in Latest News
Monday, 08 July 2013 09:00

CSA removing veil from adviser fees

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_alan_acton_2011.jpgThe Canadian Security Administrators recently released new amendments to National Instrument 31-303. NI 31-303 will now require registered investment firms to identify each potential and actual conflict of interest. In addition, it requires firms to provide prior written disclosure of a conflict of interest to a client, while dealing with such conflicts in a fair, equitable, and transparent manner. Specifically, the subsection addressing adviser conflicts (i.e. trailer fee commission payments) reads as follows:
Published in Web exclusive content
Monday, 03 June 2013 08:00

Do you like say on pay?

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_neillmay.jpgI am May. May I am. Do you like say on pay? Do you like greenbacks and spam? There has been much discussion of say on pay recently, most of it focused on elements other than how much the catchy phrase sounds like something invented by Dr. Seuss.
Published in Commentary
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