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How the “Corporate Veil” Confused Matters in Yaiguaje v. Chevron Corporation

A recent decision Yaiguaje v. Chevron Corporation, 2017 ONSC 135 has sparked debate around whether Hainey J. was correct to rule that the corporate veil could not be pierced.

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Corporate
corporate governance
Execution Act
     

Authors

Angela Swan
Sesquipedalianism and an Expatiation Upon Its Antithetical Impact on Interpersonal Communications: Big Words and Why They're Bad
I am always disappointed when I find unclear legal writing. The reason is this: we lawyers generally recognize that we are no longer in the business of mystifying. (We once were. That’s why we wear the sacerdotal-ish looking outfits when we go to court.) Now we understand that we are in the business of clarifying. It’s sad when we get that wrong. Full Article With Comments...

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Clarity
Communication
Writing
     

Authors

Donald Johnston
Password Misery!

We all hate passwords. Anyone who says s/he doesn’t is fibbing.

I had an experience recently, while at the International Bar Association conference in Washington, that renewed my hatred for passwords. The word “hatred” is inadequate to express how I actually feel about passwords – it’s more like the white-hot radiation of a million simultaneous supernovas.

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Data Protection
NIST 800-63-3
NIST 800-63B
passphrase
password
privacy
security
     

Authors

Donald Johnston
How the European Union Uses Data to Prevent Crime
It seems to me – although I have no evidence of this – that the European view on privacy differs somewhat from the view in Canada, which in turn differs from the view in the U.S. I have the impression that people in Europe, especially in the U.K., are quite comfortable with the idea of CCTV cameras everywhere, and they may, for no apparent reason, be more trusting of governments. Canadians are often shocked at the extent to which the British, in particular, are okay with being observed by the authorities as they walk about town. Full Article With Comments...

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C-51
Carding
CCTV
Data Protection
Directive 2016/680
Fundamental Freedoms
Fundamental Rights
GDPR
privacy
Profiling
Secure Air Travel Act
Security of Canada Information Sharing Act
     

Authors

Donald Johnston
Digital Currencies

I’ve been writing a lot lately on blockchains and how blockchain technology intersects with the law. It’s interesting stuff.

Now I want to write a bit about digital currencies, particularly since there are now encrypted digital currencies – like Bitcoin – that are enabled by blockchain technology. If you don’t know what blockchain technology is, take a peek at one of my earlier posts on the subject. (Just don’t operate heavy equipment or drive after reading. I won’t be responsible.)

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Bitcoin
Blockchain
Canada Revenue Agency
Digital Currency
FINCEN
FINTRAC
     

Authors

Donald Johnston
More on the Law of the Blockchain
In my last blog about the blockchain, I talked a bit about what blockchain technology is and how it could be useful. Just as a reminder, a blockchain is a peer-to-peer managed, publicly readable secure database, located in multiple, but isolated/independent, places on the Internet. The data recorded by the blockchain keep on expanding and nothing gets dropped. Every event is date-stamped, encrypted and exceptionally hard to tamper with. (In fact, tampering with blockchain data is like setting a fire on a football field. Not everyone will see the same thing, but everyone will know that there’s a fire.) As a result, each “entry” in a blockchain ledger is broadcast to every node on the network, which validates and rebroadcasts it. So the blockchain is evidence of “consensus” that all the data are correct. Full Article With Comments...

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Bitcoin
Blockchain
data
database
FINRA
FINTRAC
     

Authors

Donald Johnston
Amendments Require Additional Disclosures Under Canada’s Early Warning Regime

The Canadian Securities Administrators have announced final amendments (the “Amendments”) to the early warning system designed to provide greater transparency about the securities holdings of Canadian reporting issuers. The Amendments are expected to come into force on May 9, 2016 throughout Canada.

The current early warning system is designed to disseminate information to market participants once certain security holders obtain ownership, control or direction over 10% of a certain class of voting or equity securities of a Canadian reporting issuer, and each subsequent 2% increase thereafter. The Amendments will, among other things, require disclosures of both subsequent increases and decreases of ownership.

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Canadian Securities Administrators
Early Warning System
Securities
     

Authors

Daniel Everall
Major Changes to Canada’s Take-Over Bid Rules

The Canadian Securities Administrators (“CSA”) have announced major amendments (the “Amendments”) to the Canadian take-over bid regime that are expected to come into force on May 9, 2016 throughout Canada.

The Amendments reflect a re-balancing of the dynamics among offerors, offeree issuer board of directors (“offeree boards”) and offeree issuer security holders (“offeree security holders”). According to the CSA, the Amendments are intended to (i) facilitate the ability of offeree security holders to make voluntary, informed and co-ordinated tender decisions, and (ii) provide offeree boards with additional time and discretion when responding to a takeover bid. In effect, the Amendments take many aspects of privately-enacted shareholder rights plans and turn them into mandatory default rules for Canadian issuers.

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Canadian Securities Administrators
Canadian take-over bid regime
Shareholder rights plan
     

Authors

Daniel Everall
Federal Budget 2016
On March 22, the Minister of Finance released the federal budget. This Tax News Flash provides a comprehensive discussion of the important tax changes contained in Budget 2016. Full Article With Comments...

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Budget
Canada
Tax
     

Authors

Elisabeth Atsaidis
Jack Bernstein
Stuart Bollefer
Carol Burns
Francesco Gucciardo
David Malach
Andrew Nicholls
Elise Pulver
Louise Summerhill
Barbara Worndl
What is the Law of the Blockchain?

What the Heck is the Blockchain?

No, it’s not a chain that stretches around your block. It is a peer-to-peer managed, publicly readable and secure database, chunks of which are located in multiple places. Each “place” (or node) is an isolated and independent computer on a network. Each computer is equipped with special software for management of the blockchain. The blockchain database itself contains an ever-expanding list of verified transaction data. Think of a blockchain as a bullet-proof record of proven transactions that everybody (with the appropriate software) can check.

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Bitcoin
Blockchain
data
database
FINRA
FINTRAC
     

Authors

Donald Johnston
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