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BUSINESS AND CORPORATE EDITION — June 2010
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In this issue...
- Proposed federal Securities Act outlines framework for regulation of derivatives.
- South Africa: A sophisticated securities and M&A regime.
- SCC enforces domestic limitation period on application to enforce foreign arbitration award.
- Two unique provisions of Ontario's Pension Benefits Act are scheduled for a major overhaul this year.
- Bill 89: Québec will be tougher on directors and officers who violate the Environment Quality Act.
- Cleantech growth sees lawyers, clients breaking new ground.
- Joint Policy Statement on Audit Enquiries meets IFRS.
- Professional Development: CBA Skilled Lawyer Series.
- 2010 Canadian Legal Conference: Aug. 15-17, Niagara, Ont.
SECURITIES LAW
Proposed federal Securities Act outlines framework for regulation of derivatives
By Margaret Grottenthaler, Stikeman Elliott LLP
The proposed federal Securities Act tabled by the federal government on May 26 establishes a framework for the regulation of exchange-traded and over-the-counter derivatives markets and their participants. Click here for a review of the proposed legislation.
M&A
South Africa: A sophisticated securities and M&A regime
By Dimitri Peter Cavvadas, David Kriel and Deenan Pillay, Fasken Martineau DuMoulin LLP
With a highly developed economic infrastructure and strong legal system, South Africa has traditionally been an attractive jurisdiction for securities and merger and acquisition activity.
INTERNATIONAL COMMERCIAL ARBITRATION
SCC enforces domestic limitation period on application to enforce foreign arbitration award
By Joel Richler, Mitchell Cohen & David Tupper, Blake Cassels & Graydon LLP
Parties to an arbitration agreement should be very particular in identifying the choice of law applicable and whether it is procedural and substantive, and how they wish that law to be applied. That lesson is at the heart of the Court’s long-awaited decision in Yugraneft Corporation v. Rexx Management Corporation.
PENSIONS AND BENEFITS LAW
Ontario pension reform
By J. David Vincent, Ogilvy Renault LLP
Two aspects of Ontario's Pension Benefits Act are unique and are not found in any other provincial or federal pension legislation in Canada. These are the "grow-in" provisions and Ontario's Pension Benefits Guarantee Fund. Both of these provisions are scheduled for a major overhaul this year.
ENVIRONMENTAL LAW
In Bill 89: Québec will be tougher on directors and officers who violate the Environment Quality Act
By Andrée-Claude Bérubé and Cindy Vaillancourt, McCarthy Tétrault LLP
Bill 89, An Act to amend the Environment Quality Act in order to reinforce compliance, was presented by the Minister of Sustainable Development, Environment and Parks (the "Minister") to the Québec National Assembly on April 15, 2010. Read a review of the proposed legislation here.
CLEAN TECHNOLOGIES
Cleantech growth sees lawyers, clients breaking new ground
By Bev Cline
In Canada, the challenge for cleantech companies lies in being able to commercialize their products and services, a role in which cleantech lawyers can provide real value to their clients.
FINANCIAL REPORTING
Joint Policy Statement on Audit Enquiries meets IFRS
The Auditing and Assurance Standards Board approached CBA in 2009 to discuss possible changes to the Joint Policy Statement on Audit Enquiries, in light of pending new international accounting standards. CBA has established a task team to negotiate these changes with AASB.
PROFESSIONAL DEVELOPMENT
Professional Development - CBA Skilled Lawyer Series
Fulfill your professional development requirements while sharpening essential corporate skills with the CBA Skilled Lawyer Series. Accessible, accredited, and affordable online sessions will help ensure you’re at your best in the boardroom.
CBA Skilled Lawyer Series... new and coming this fall. Please contact us at pd@cba.org for more information.
2010 CANADIAN LEGAL CONFERENCE
August 15-17, Niagara, Ontario
Learn from the top legal minds in the country, share best practices, and network with peers at the 2010 Canadian Legal Conference. Details on the Professional Development sessions offered at this year's conference are available here.
Highlights of the CLC include a presentation by the distinguished economist Dr. Paul Krugman of Princeton University, who will review the trends and market forces that Canadians will be facing as the U.S. economy moves into recovery. There will be leadership perspectives from Canada’s former Chief of the Defence Staff General Rick Hillier; lessons for organizations from workplace health expert Dr. Linda Duxbury; a look behind the scenes at the Olympics with IOC member Richard Pound, Q.C.; and insights on the future of lawyers from Dr. Richard Susskind.
Full CLC program details, including social/evening events, are available on the CBA CLC website.
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NATIONAL MAGAZINE
Civil unrest? Vigorous advocacy doesn’t always involve being polite. Yet some members of the legal establishment worry that traditional norms of civility and professionalism are under siege.
Profile: Mark Tamminga of Gowling Lafleur Henderson LLP in Hamilton turned a fascination with technology into a passion for practice automation.
Beware the straw buyer As the housing market continues to soar, residential real estate lawyers are on the front lines in the battle against mortgage fraud.
Ethics: Are lobbyist lawyers who give their time to election campaigns or to political fundraising in conflict of interest?
Game on! Lawyers were busy behind the scenes at the Vancouver Olympic Winter Games. Here are the stories of five lawyers who made a difference.
 And more!
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ABOUT THIS BULLETIN
This email is produced by National magazine, the official magazine of the Canadian Bar Association. The views expressed in the articles are solely the views of the authors, and do not necessarily represent the views of the CBA.
E-Publications editor:
Conrad McCallum
Production:
Kathryn Robichaud
Recent issues of the Business and Corporate Edition:
• February 2010
• December 2009
• August 2009
We welcome your feedback. If you have any comments on this issue, or are interested in contributing to a future issue, let us know at news@cba.org.
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