This paper focuses on the fundamental principles underlying effective enforcement by regulators. In particular, this paper analyzes the critical role of the criminal law and judges in effectively addressing capital markets misconduct. It also analyzes how securities regulators can best structure...

This article presents a modest, exploratory empirical study of Canada's general antiavoidance rule (GARR) in action. The study examines the entire body of GAAR cases decided by the Tax Court of Canada in the period 1997-2009, as well as certain personal and societal attributes of the judges who...

Mass harm exerts enormous pressure on civil justice systems to provide efficient but fair procedures for redress. In this context, settlement of mass disputes is easily understood as a common good. Yet settlements involving hundreds or thousands of claims, often across jurisdictions, raise...

Insurance claim practices determine the extent to which insurers will or will not honor their promises. This Article describes the failure in the market for claim practices, the failure of the regulatory responses to that failure, and the ways in which litigation can provide a partial...

The Canadian taxpayer's name for tax cases is styled in full upper case letters i.e. "JOHN DOE" (capitis diminutio maxima), as that identifies the individual representing an "officer" defined by Canada's Income Tax Act and Canada Pension Plan. Officers are artificial legal persons that...

Canada ranks highly among the developed countries that have provided government support to the fossil fuel sector, but this situation is changing. To address the climate emergency, Canada has legally committed to achieving net-zero carbon dioxide (CO2) and other greenhouse gas (GHG) emissions by...

On 13 March 2000, the statutory derivation action was introduced into Australia, effectively abolishing the rule in Foss v. Harbottle. This article examines in detail the derivative actions in the United States, Canada, New Zealand and Australia. The article also provides a discussion as to why...

The stakeholder vision has emerged as an influential stream in corporate governance. In the English-speaking world, Canada was the pioneer in introducing a regulatory stakeholder regime. This article examines the Canada Business Corporations Act (CBCA) for its concern for non-shareholder groups,...

A survey of legal developments in maritime law, including an initiative to reform the Fisheries Act, limits on the subject matter giving rise to federal admiralty jurisdiction, application of the limitation in the Marine Liability Act on contractual choices of foreign jurisdictions, application...

This article examines the substance of the WTO panel decision for Canada-Wheat as it relates to trade friction in North American agricultural markets. I provide an overview of recent economic literature on state trading enterprises (STEs) and examine the WTO's approach to regulating the...