| Arbitration Matters |
| July 2010 - Canadian chapter of the International Arbitration Review, James H. Carter, (London, UK: Law Business Research Ltd., 2010) |
| Banking & Finance Matters |
October 2011- Articles on: What is a Plan of Arrangement?; Securing Agricultural Assets: What Are the Risks?; Credit Bidding: An Insolvency Strategy; DIP Financing: Are Lenders Protected?
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November 2010 - Articles on: Supreme Court of Canada gives the PPSA a Boost; Enforcing a Contract when Not a Party; PPSA : Where to Register; Amalgamations: Should Alberta Worry About Reversals?; Unpaid Dividends in Insolvency; Convertible Debentures & Criminal Interest
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July 2010 - Articles on: Examining the Impact of Best, Commercially Reasonable, Reasonable and Good Faith Efforts; Legal Opinions Are Not Insurance; Resolutions in Lieu of Meetings; What Constitutes Materiality?
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| May 2009 - Articles on Factoring: Finding Liquidity in the Credit Drought; Making the Borrowers' Case for Normal Course Issuer Bids, The Crown in Insolvency; 2015673 Ontario Inc. v Chorny: Diminishing Lenders' Rights Against Guarantors?; Legal Implications of IFRS Implementation |
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May 2008 - Articles on: Does Demand Always Mean Demand?; The PPSA and Book-Based Securities; Developments in the Law of Priorities Affecting Security Over Land; Material Adverse Change Clauses |
| Business Immigration Matters |
November 2010 - Articles on: Recent Amendments to the TFWP; Inadmissibility on the Grounds of Criminality; Information for Mexican Business Travellers; Family Stream of Alberta Immigrant Nominee Program on Hold; Changes to TFWP Regarding IT Specialists; New Language Testing Requirement for Permanent Resident Applications; amendments to the Citizenship Regulations; Changes to Live-in Caregiver Program
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| December 2009 - Articles on: Employee Options for Permanent Residency; U.S. Immigration Options; Labour Market Opinion Tips for Alberta Employers; Employer Sponsored Green Cards for U.S. Employees; Becoming a Canadian Citizen |
| Commercial Real Estate Matters |
| December 2009 - Articles on: Money Laundering: Requirements for Real Estate Developers; Midnight Moves; Guarantees & Indemnities in Commercial Leasing; Retail Leases: a Look at the Continuous Operating Covenant and the Co-Tenancy Clause; The Builders' Lien: Basic Rights & Obligations |
| April 2008 - Articles on: Does Your "Non-Real Estate Deal" Trigger Foreign Ownership of Land Issues; Developers Beware: The Risks in Contracting with Municipalities; Landlords' Rights in Insolvency Situations; Disposition of Property by a Single Purpose Corporation; Leasing Practice Pointers |
| Construction Matters |
March 2010 - Articles on: Tercon: Freedom of Contract v. Fairness; Does a Course of Construction Policy Cover Damage to an Existing Structure; A Good and Workmanlike Manner: Can It Be Implied and What Does It Mean; The Language of Efforts; Strict Adherence to Tender Documents; A Clear Scope of Work
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| December 2008 - Articles on: Owner's Duties to Subcontractors During the Bidding Process; CCDC2 Revised; Prime Contractors; Breach of Contract |
| April 2008 - Articles on: Unjust Enrichment and the Builder's Lien Claimant; Liability of Design Professionals to Third-Party Contractors; Seven Myths about Email and Electronic Communications and Records; Intellectual Property - How Owners and Contractors Can Better Protect Their Rights; The Change Order; Drug Testing Revisited |
| November 2007- Articles on: Know When To Stop Digging; The EPC Contract: Aligning the Parties' Interest, Prime Contractor, Principal Contractor and General Contractor: What is the Difference?; Engineers Pay Heavily: Caution in Drafting Limitation Clauses |
| April 2007 - Articles on: The EPC Contract; Tenders Revisited by SCC; Drugs & Alcohol - An Employer's Nightmare |
| December 2006 - Articles on: Privilege Clauses in Tenders; Arbitration Joinder in Multi-Party Disputes; Managing Contaminated Sites; Letter of Intent; Oral Amendments to a Contract |
| May 2006 - Articles on: Construction All-Risk Insurance Policies: Key Exclusions and Conditions; Differences Between Substantial Performance and Substantial Completion; An MOU - What Is It?; Time is of the Essence |
| November 2005 - Articles on: Bidding and Tendering; Kyoto Protocol - Implementation Plan; BD&P Construction Team; A Joint Venture - What is it?; Occupational Health and Safety Act: Changes to Penalty Mechanism |
| Employment & Labour Matters |
June 2010 - Articles on: Can an Employee Unilaterally Change the Terms of an Employment Contract - the Wronko case; Best Employment Practices: An Employee's Obligation to View a Social Insurance Number Card; Raises/Promotions: Effect on Written Employment Contracts; The Duty to Accommodate; Employer Withholding an Option Exercise; Recent Legislative Changes and Cases on Notice Periods
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| May 2009 - Articles on: Economic Chaos or an Opportunity to Regroup?; Tough Decisions in Tough Times; Layoff: What Is It and How To Do It; Further Thoughts for the Employer Considering Termination; Does a Terminated Employee Have a Duty to Accept a New Job Offer from the Terminating Employer?; Legislative News; It Isn't Over Until the Release is Signed |
| June 2006 - Articles on: Treatment of Disabled Employees; Breaching Privacy Laws; Loss of Registered Status of a Pension Plan; Hiring Foreign Employees; Retention Bonuses; International Competitiveness |
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Energy Matters |
April 2011 - Articles on: What is meant by "Producible"?; What is Meant by "Capable of Producing" Leased Substances?; Last Chance: Drilling Royalty Credits; Bill 26 - Clarifying Ownership of Coalbed Methane on Split Title Freehold Lands; Paying Eligible Dividends; New Thresholds in Competition and Investment Canada Legislation
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December 2010 - Articles on: Continuing Liability for Well Abandonment; ERCB Licence Transfers; Clause 605: Confusion Over Approval of the Forecast; Challenging an Operator; Bill-24: Eliminating the Uncertainty
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| June 2010 - Articles on: Set-Off Rights in CCAA Prceedings; Changes to the "New Royalty Framework"; GORR Payments: Actions Can Speak Louder Than Words; Insolvency Issues: Does My Claim Survive the Plan? |
| February 2010 - Articles on: The Shut-In Clause: the meaning of "capable of producing the leased substances"; Interpreting and AMI Clause: Is a Pooling Agreement an Acquisition? Waiting for the Legislature to Decide: the Mines and Minerals Act and Underground Storage Rights; Court of Appeal Revokes ERCB Well Licences Due to Lack Of Appropriate Consultation with Landowners; The Language of Efforts; Update on Bitumen Valuation Methodology |
| June 2009 - Articles on: Understanding Recent Amendments to the Competition Act; Exclusion of Liability Clauses; When Is a Letter of Intent a Binding Contract?; Honouring the Right of First Refusal; The ERCB Moves Towards More Stringent Tailings Pond Management |
| March 2009 - Articles on: Contracting by Silence; PST Exemptions for the Oil & Gas Industry; Words Take on Plain Ordinary Meaning; Climate Change 2010: Implications of U.S. Proposals; Highlights of Budget 2009 |
| December 2008 - Articles on: Operators' Liens: Establishing Priority; Royalty Owners' Liability for Share of Processing Costs; Shortage of CO2 Offsets; Weyerhaeuser v. Hayes: Reconsidering the Law of Assignment |
| July 2008 - Articles on: Liability Under the Climate Change Act; Kensington Energy Ltd. v. B & G Energy Ltd. and the "Shut-In Well"; Carbon Capture & Storage - Are We Ready For It?; Disclosing the Risks of Climate Change and Emissions Management |
| March 2008 - Articles on: Final Regulatory Framework for Industrial Greenhouse Gas Emissions; Split of the AEUB; Title Preserving Wells Under the CAPL Operating Procedure; Builders' Liens for Oilfield Suppliers |
| December 2007 - Articles on: Alberta's New Royalty Regime; The Implications of UNCLOS for Canadian Offshore Oil and Gas Development; Damages for the Wrongful Taking of Natural Resources; Updates on Alberta Department of Environment Initiatives; Newfoundland Announces New Energy Plan |
| June 2007 - Articles on: When Negotiations Become a Contract; The EUB Rules on the Right to Produce Coal Bed Methane; Good Faith Negotiations - Does Such a Duty Exist; Taking Security Interests in IOGC Leases |
| January 2007 - Articles on: Murphy Oil v. Predator and Oil Patch Scouting; Indemnity Provisions; Employer-Sponsored Scholarship Plans; Water and the Oilsands; New Compliance Enforcement Mechanism at the AEUB |
| July 2006 - Articles on: Limitation Period Developments; Water Act Issues; Managing Contamination on Petroleum Storage Tank Sites; Fuel Tax Refunds |
| January 2006 - Articles on: Obligations on Shallow Rights Holders; The SCC Rules on GAAR; Structuring your Business for International Competitiveness; Rights and Remedies of Operators and Working Interest Owners; Initial Statements and Closing Certificates; Curing the Unintended Tax |
| General Legalities |
| August 2005 - Major Amendments to Alberta Corporate Law |
| Insolvency & Restructuring Matters |
May 2011 - Articles on: SCC Confirms Crown's Status as an "Ordinary Creditor" for Unremitted GST Amounts in CCAA Reorganizations; Set-Off Rights in Oil & Gas Insolvencies: the SemCAMS Saga Continues; Debt Restructuring Using a Plan of Arrangement; Including Partnerships in CCAA Proceedings
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May 2010 - Articles on: When Should Banks Opt for Bank Act Security; The Supreme Court Answers: a Decision on the Status of Crown Claims to GST upon a Bankruptcy; Seizure and Aviation Law: Clarifying Airport Authorities' Detention Remedy; Insolvency Issues: Does My Claim survive the Plan?
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| January 2010 - Much Anticipated Insolvency Reforms Finally Become Law |
| October 2009 - Recent Amendments to the Wage Earner Protection Program Act and Related Legislation |
| June 2009 - Director's Liability During Corporate Insolvency |
| March 2009 - Review of the Companies' Creditors Arrangement Act |
| Insurance Matters |
July 2011 - Articles on: Progressive Homes V. Lombard: What Does It Change for Insurers; Insurance Cap in Alberta: When is an Injury "Minor"?; Class Actions in Alberta; Who has Control of the Litigation: Insurer or Insured?; Adapting to the New Rules of Court
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March 2010 - Articles on: Does a Course of Construction Policy Cover Damage to an Existing Structure; A Review of the Pierringer Agreement; The Erlton Fire Case; Social Networking Sites: A Tool for the Defence; Current Issues Affecting Directors' & Officers' Liability Insurance
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| January 2010 - Article on: SCC Closes the Door on Minor Injury Cap |
| January 2009 - Articles on: Obtaining Employment Files; Cap for Minor Injuries; Recent Whiplash Cases; Loss of Opportunity Awards; Cap for General Damages; Guns, Flies & Boulders |
| May 2007 - Articles on: Punitive Damages Award Against an Impaired Driver; Failure to Sign Proof of Loss; Privilege of Letters of Instruction and Resources of Experts; Vehicle Owners Liable on Implied Consent; "But For" Test Affirmed as Test for Causation |
| September 2006 - Articles on: Recent SCC Cases; Loss of Housekeeping Awards; Minor Injury Regulations; Liability for Unlocked Vehicles; Stray Animals Act; Damages in Recent Personal Injury Cases |
| December 2005 - Articles on: Breaches of the Automobile Insurance Contract; Limitations of Actions Act - Applied to Conflicts of Laws; Jury Trials - Putting a Range to a Jury; Recent Whiplash Cases and Damages Awarded; Pitfalls of Global Risk Insurance policies; Slip and Fall on Restaurant Premises |
| May 2005 - Servers of Alcohol Beware: Commercial Host, Employer Host and Social Host liability |
| IP and Technology Matters |
November 2010 - Articles on: Business Methods Declared "Not Unpatentable"; Privacy Concerns and Facebook; US Infringement Award for i4i; Copyright Reform Update; Supreme Court to Address Trademark Confusion Analysis; IP Licensee Protection; Changes to Privacy Law
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| October 2009 - Article on Franchises |
| April 2009 - Articles on: Patent Primer; Phonebook for the Internet; Our Shrinking World: Strategic Approaches to Jurisdictional Risk Management; Copyright Reform Update; New Generic Top Level Domains; Requirements for Franchises |
| March 2009 - Article on: Confidential Information and Nondisclosure Agreements |
| February 2008 - Articles on: E-commerce and Online Contracts; How Private is Your Personal Health Information?; An Introduction to Trademarks; Keyword Advertising & Trademark Infringement; Canadian Copyright - Reform on the Horizon; ".ASIA" - The Newest Generic Top-Level Domain |
| February 2007 - Articles on: What Investors Want; Special Protection for Famous Trademarks?; Registering a Trademark: Risk of Fraud in US; Reverse Confusion in Trademarks; Protection of Personal Information |
| February 2006 - Articles on: Personal Information in Business Transactions; Trademark Infringement in Domain Names; E-Contracting and the Law; "I Accept" and Other Magic Words and Phrases for Electronic Contracts; Mega Bloks and Lego in the Playrooms of the Nation |
| Securities Matters |
November 2011 - BD&P Securities Brochure
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| March 2009 - Articles on: New Toronto Stock Exchange Rules with Respect to SPACS; Non Disclosure Agreements Prevent Hostile Take-Over |
| March 2006 - New Private Placement Rules: Harmonization at Long Last |
| May 2005 - Impending OSC Legislation: Civil Liability for Secondary Market Exposure |
| Tax Matters |
March 2010 - Article on: Federal Budget 2010
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| December 2007 - Articles on: Dealing with CRA:The Audit; ARTC Reassessment Risk; What's New in Tax Law: A Look at Recent Cases; Employee Stock Option Payouts on Takeovers & Mergers; Changes to the Canada-U.S. Income Tax Treaty Affecting Withholding Taxes; Withholding Tax on Canadian Resident Debtor's Debt |