La meilleure défense est une bonne attaque : Placements privés et offres publiques d'achat hostiles
Cindy Lin, 2L, Rédactrice exécutive de Forum Conveniens
Suite aux modifications apportées en 2016 au régime canadien des offres publiques d’achat, certains conseils d’administration ciblés se tournent vers l’utilisation de placements privés lorsqu’ils sont confrontés à une offre hostile. Cela soulève des questions intéressantes de caractérisation : Quand les placements privés sont-ils considérés comme ayant un but légitime, par opposition à être examinés par les autorités de régulation des valeurs mobilières comme une tactique défensive inappropriée ? Dans cet article, la rédactrice éxecutive Cindy Lin fournit des orientations à ceux qui souhaitent savoir quand et comment les placements privés sont traités par les commissions.
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The Best Defence is a Good Offence: Private Placements and Hostile Takeovers
Cindy Lin, 2L, Volume 82 Executive Editor of Forum Conveniens
Following the 2016 amendments to the Canadian takeover bid regime, some target boards have turned to the use of private placements when faced with a hostile bid. This gives rise to interesting questions of characterization: When are private placements seen as having a proper purpose, versus scrutinized by securities regulators as an improper defensive tactic? In this article, Executive Editor Cindy Lin provides guidance for those who are interested in knowing when and how private placements are dealt with by the commissions.
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Resolving Disputes to which the Government is a Party: Exploring ADR and Administrative Disputes Involving the Government of Canada
Michael O’Keefe, 3L, Senior Editor
Federal administrative disputes touch on a broad cross-section of Canadian life, including issues of Aboriginal law, intellectual property, national security, and citizenship, immigration, and refugee law. While the Government of Canada and the Canadian judiciary both encourage private disputants to pursue alternative dispute resolution (ADR) outside of the courts, Senior Editor Michael O’Keefe argues that the federal government must continue to improve access to justice by investing in ADR mechanisms that can effectively and efficiently resolve administrative disputes to which the government itself is a party.
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Indigenous Resistance as Authentic Existence: Past, Present and Future Legal Perspectives
Curtis LeBlanc, JD Candidate at UBC Allard School of Law
This article examines the ways in which Indigenous resistance—past, present and future—has been defined by acts of authentic existence, critical to the preservation of Indigenous cultures and traditional knowledge. It suggests that, presently, this struggle is characterized by the defence of Indigenous lands, which are essential to Indigenous ways of being and knowing. Further, it explores how these acts of resistance have inspired collaborative international efforts to recognize Indigenous rights to sovereignty, self-determination, and jurisdiction.
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Trauma-Informed Sophistication
Rachel Wickham, JD Candidate at Toronto Metropolitan University
Exploring legal sophistication and detention in Canadian criminal law, Trauma-Informed Sophistication challenges misconceptions about the relationship between trauma and acquiescence. Incorporating contemporary psychological and physiological research about trauma’s impact on individual compliance with detention, Rachel Wickham suggests a new subjective approach to sophistication.
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If It Ain’t Broke, Don’t Fix It: Examining the Amendments to the General Anti-Avoidance Rule
Nathan McLean, 3L JD/MBA, Senior Editor
Are the amendments to the General Anti-Avoidance Rule (GAAR) effective tax policy? Senior Editor Nathan McLean examines proposed changes to the GAAR, questioning their necessity and potential to complicate Canada’s tax system.
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Annapolis Group Inc v Halifax Regional Municipality: Constructing a New Standard for De Facto Expropriation Claims
Gordon Milne, 3L, Volume 82 Senior Editor
With its decision in Annapolis Group Inc v Halifax Regional Municipality, the Supreme Court of Canada provided important guidance on the law of constructive takings, formerly known as the doctrine of de facto expropriation. Senior Editor Gordon Milne argues that the decision by a slim majority significantly lowers the standard for compensation where government action has the effect of interfering with property rights.
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The Artemis Accords and a Canadian Opportunity in International Space Law
Matthew Chasmar, 2L
The Artemis Accords, which build on the principles of the Outer Space Treaty, represent a significant and valuable development in international space law. Matthew Chasmar argues that, as a signatory to the Accords, Canada has a unique opportunity to shape the future of international space law and policy.
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Tender Ties: How Canada and the Republic of Korea Approach Public Procurement
Joe Cho, SJD Candidate at Seoul National University School of Law
What are the different ways countries balance fairness and transparency in public bidding? This article explores the public procurement processes in Canada and the Republic of Korea, examining the unique legal frameworks and tendering practices of these two countries.
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Où sont passées nos nouvelles? Un examination sur la proposition de loi C-18
Cindy Lin, 2L, rédactrice du volume 82 et Erin Lee, 2L, rédactrice du volume 82
Depuis la promulgation de loi C-18, Loi concernant les plateformes de communication en ligne rendant disponible du contenu de nouvelles aux personnes se trouvant au Canada, les utilisateurs des médias sociaux au Canada ont constaté une perturbation de contenu de nouvelles qu'ils peuvent consulter sur certaines plateformes. Les rédactrices du volume 82 Cindy Lin et Erin Lee examinent ce que cela signifie pour l'industrie des nouvelles au Canada et ses effets sur les utilisateurs des médias sociaux au Canada.
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Where Did Our News Go? A Look at Bill C-18
Cindy Lin, 2L, Volume 82 Executive Editor of Forum Conveniens and Erin Lee, 2L, Volume 82 Forum Editor
Since Parliament’s enactment of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, social media users have noticed a disruption to the news content they can view on certain platforms. Volume 82 Editors Cindy Lin and Erin Lee explore what this means for the Canadian news industry and its effects on social media users in Canada.
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R v Hilbach: One Step Forward, One Step Back
Emily Chu, 2L, Volume 82 Articles Editor
In early 2023, the Supreme Court of Canada simultaneously released two decisions regarding the constitutionality of mandatory minimums: R v Hills and R v Hilbach. Emily Chu argues that the Hilbach majority’s reluctance to strike down the mandatory minimum sentence in that case undermines its message put forward in Hills, which signaled support for principles of individualized sentencing reconciliation.
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R v Beaver: A “fresh start” for the Charter’s section 24(2) test?
Laura Cameron, 3L, Volume 81 Articles Editor
If an individual has been unlawfully detained and questioned, can police make a “fresh start” midway through the interrogation to insulate any evidence subsequently obtained from the earlier violations of Charter rights? In R v Beaver, a five-member majority of the SCC answered this question in the affirmative. 3L Laura Cameron explores why this adjustment represents a concerning development.
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Section 12 and Declining Public Confidence in the Justice System
Gordon Lee, 3L
The Supreme Court of Canada often makes claims about public opinion, but how accurate are these claims really? Gordon Lee argues that the Supreme Court's claims about public opinion are in fact made without evidence, with potential harm to the public perception of the integrity of the justice system.
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A Poisonous Book: Obscenity Law and the Mythos of Influence
Caeleb Goff, 2L, Volume 81 Executive Editor of Forum Conveniens
Censorship of perceived obscenity is an increasingly prevalent phenomenon in North America. In the latest Forum Conveniens blog post, UofT 2L Caeleb Goff places this trend within its historical origins, dating back to the application of obscenity laws to the works of Oscar Wilde.
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Questioning Precedent: A Critique of Constitutional Stare Decisis at the Supreme Court of Canada
Sterling Mancuso, 3L, Volume 81 Executive Editor of Forum Conveniens
Every Canadian law student knows that judges are supposed to follow precedent. But why? Executive Forum Editor Sterling Mancuso makes the case for abandoning the doctrine of precedent in constitutional adjudication at the Supreme Court of Canada
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Curbing Corruption through Securities Regulation
Anna Wong, 3L, Volume 81 Senior Editor
What role can professional regulators play in curbing corruption? Senior Editor Anna Wong makes the case that securities regulations can play a powerful and cost-effective role in fighting corrupt corporate behaviour
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Cheers! Where Nobody Knows Your Name: An Analysis of Commercial Host Liability in Canadian Tort Law
Nathan McLean, 2L, Volume 81 Articles Editor
Host liability for alcohol-infused injury is a major, contested issue in Canadian tort law. In this blog post, Articles Editor Nathan McClean questions whether the Supreme Court has erred in assigning liability to commercial establishments for injuries caused by or to their intoxicated patrons.
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R v Chow: REOPening the Privacy Debate
Jerry Zhu, 3L, Senior Editor
In R v Chow, the Ontario Court of Appeal had to determine whether an Airbnb owner could reasonably expect Charter privacy protections while the unit was being rented out. Jerry Zhu examines the decision’s uncertain implications for property owners’ constitutional privacy rights moving forward.
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Child Abduction, the Best Interests of the Child, and the Supreme Court’s Decision in F v N
Rebecca Rabinovitch, 2L, Articles Editor
2023 was a banner year for family law at the Supreme Court of Canada. In this new blog post, Articles Editor Rebecca Rabinovitch critically analyzes the judgment in F v N, and criticizes both the majority and the dissent for failing to fully consider the best interests of the child, from the full perspective of the child.
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