Blog
The Desautels Centre Blog features thoughtful posts considering legal issues of concern to small and medium and enterprises, and family firms. Contributors include some of Robson Hall’s own students, practicing professionals and alumni, and members of faculty. Posts to the Blog are intended to be succinct, topical, and above all helpful to our wider audience in Manitoba and across the Prairies. Alumni of Robson Hall and other practicing professionals are invited to contact us about contributing to Blog, and all interested parties are encouraged to check back often for the latest legal analysis on issues affecting small to medium enterprise.
Recent Blog Posts:
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Analyzing Court Processes to Promptly Resolve Cases on their Merits
Written by Gerard Kennedy By and large, staying out of court is a good idea for business. At times, however, lawsuits become necessary. At other times, they may not be […]
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After the Curtain Falls on the US-led EDI Show: Focus on the Equality Work
Written by Rebecca Jaremko Bromwich The past few years have seen popular culture swept away in dramatic media cycles about equity, diversity, and inclusion (EDI), driven primarily by events in […]
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The Power of AI for Negotiations
Photo credit: Rawpixel.com on Freepik Written by: Khaled Abdelwahab INTRODUCTION Will AI replace human negotiators? In this blog, we dive into the world of transformational technologies, such as artificial intelligence […]
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Azam v Andrews Custom Furniture Designs Inc.
Written by Xiyuan Feng In Azam v Andrews Custom Furniture Designs Inc.,[1] a recent judgement of the Supreme Court of British Columbia, the Court acknowledged that receiving, and, if necessary, […]
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Employees For Keeps: Some Best Practice Suggestions for Employee Retention in Small and Family-Run Businesses
Both economic and cultural factors strongly suggest it is better to hire employees, to the greatest extent possible, “for keeps”. This is particularly challenging with today’s low unemployment rates. Employee turnover is expensive, imposing monetary costs (as much as $100,000 for a single employee) as well as leading to a “downward spiral” in worker morale…
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When Insolvency Meets Arbitration: The Supreme Court’s Ruling in Peace River v Petrowest
A natural tension exists where a company that is subject to insolvency proceedings (such as bankruptcy) is also a party to an arbitration agreement. In such cases, there may be conflicting decisions issued by the arbitrator and the insolvency court, or there may be disagreement about which forum has the authority to hear the dispute.…
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Certainty and Partnership Arrangements – Key Components to Consider
When embarking on a business venture, it is crucial to set out clear definitions of roles and relationships of all interested parties involved. This can be especially important when seeking to create a formal business partnership, since such an arrangement gives rise to special legal obligations between the partners (as well as legal implications in…
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Typos and Contracts
This is a cautionary tale about attention to clerical detail! Can a typo in a contract prevent a deal from being reached? Apparently, yes, at least insofar as essential terms of the contract are concerned. In 1132080 B.C. Ltd. v 1055616 B.C. Ltd.,[1] one mistake in the party’s name invalidated a contract related to the…
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Certainty and Partnership Arrangements – Key Components to Consider
Written by Ty Schmit When embarking on a business venture, it is crucial to have clear definitions of roles and relationships of all interested parties involved in the venture. This […]
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Equity, Diversity and Inclusion – “Mentorability” as an Example for Small and Family-Run Businesses
Over the past decade, large corporations and BigLaw firms have increasingly institutionalized departments with staff specifically paid to improve their equity, diversity, and inclusion (EDI). However, smaller, and family-run businesses are often in a position where they must work towards improving their EDI initiatives without the benefit of specifically dedicated staff.
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Faculty of Law thankful for Desautels legacy of Private Enterprise and the Law
The Faculty of Law joins the University of Manitoba community in remembering its extraordinary benefactor and alum, Marcel A. Desautels, CM, OOnt, OM. A former business leader and one of UM’s, and the Faculty of Law’s most distinguished benefactors and alumni, he passed away on January 31, 2023, at age 88.
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Pension Progress or Pension Peril? Examining the Debate Surrounding Bill C-228
Written by Virginia Torrie and Connor Jonsson New legislation aimed at reforming insolvency proceedings to prioritize pensioners has taken another important step toward becoming law. Bill C-228, which started as […]
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SNC-Lavalin and Remediation Agreements: Part II – The First Remediation Agreement is Granted
Written by Darcy L. MacPherson In an earlier blog on this site,[1] I discussed the then-newly minted (as of 2018) remediation agreement regime which was added by an amendment to […]
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Blackmore v Carmanah Final
Written by Xiyuan Feng A shareholder agreement is a contract among some or all[1] of the shareholders for governing their relationship in governance of the corporation, It is an agreement […]
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Wolverton Pacific Partnerships v Triple F Investments Ltd
A “shotgun” clause is a mechanism found within a shareholder agreement that provides shareholders a means to address deadlocks or disagreements and typically involve one shareholder offering to buy out the other shareholder(s) at a specified price. The other shareholder(s) must either accept the offer and sell their shares or buy out the shareholder who…
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Secured creditors’ rights will not be extinguished by recharacterizing collateral after default
As is well-known in the realm of Canada’s secured transaction law, both the secured party and the debtor are entitled to a number of rights and also owe certain obligations to the other party, pursuant to contract and statute. Such rights and obligations are in place for the objectives of fairness, transparency and commercial certainty,…
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Lessons from “ Succession” Closely Held and Family Businesses and Family Law Should Proactively Seek Family Law Advice
Written by Rebecca Jaremko-Bromwich The American dark comedy Succession,[1] that has aired since 2018 on HBO, centres around the dysfunctional battles between members of a family for control of a […]
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Digitalization and automation of business and law: Inherent dimensions of artificial intelligence that cannot be missed
Digitalization and automation exponentially capture all areas of our society. If a few decades ago today`s technologies seemed to be our far future, but to date, it is our reality, that we encounter every day. Sometimes we cannot imagine our life without these new contemporary technologies, even we cannot go a day without using new…
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O Brother, Where Art Thou? – A cautionary tale of conflict in closely-held corporations.
The recent decision of the British Columbia Court of Appeal in Petersen v Hawley, 2022 BCCA 169 provides excellent perspective on what can happen when two shareholders of a closely-held corporation come to an irreconcilable deadlock. The Court of Appeal ordered liquidation of the closely held company in this case. The decision and its underlying…
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A court’s equitable jurisdiction has its limits in a commercial loan contract
Written by Ty Schmidt In the recent decision of Century Services Corp v. LeRoy, taking place amidst a protracted foreclosure proceeding, the British Columbia Court of Appeal found that the […]
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“Fair and Balanced Approach” to Minimum Wage Increase in Manitoba
The minimum wage is the lowest amount, per hour, that employers need to pay their employees in Manitoba. With ever so increasing costs of living, a minimum wage increase comes as no surprise. At the beginning of the year amendments were made to the Employment Standards Code to increase minimum wage to exceed the rate…
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So, what are trademarks exactly?
Perhaps more than anything else, a trademark is what makes a business instantly recognizable in the marketplace. The most successful corporations on the planet have trademarks that are known from coast to coast to coast: Coca-Cola with its curvy-cursive namesake, Nike’s game-winning checkmark, and Canadian Tire’s big red triangle are just a few examples we…
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While you’re sleeping: Do consent waivers protect you?
Written by Johanna Thiessen Consent waivers are designed to limit an organization’s reach into your privacy. However, they do not guarantee that organizations will stay within those boundaries. Consumers are […]
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Business Law and Reconciliation in Canada: Economic Reconciliation in Corporate Social Responsibility
Colonization and the Residential School System in Canada continue to deeply impact Indigenous peoples today. To make amends for the harm that has been inflicted on Indigenous Peoples, it is important to acknowledge that the work of reconciliation is multifaceted and is the duty of all Canadians. Additionally, with the second annual National Day for…
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An Historical Account of the Orderly Payment of Debts Act Reference: Limiting Provincial Efforts to Protect Insolvent Debtors
Thomas G.W. Telfer is a Professor, Western University, Faculty of Law, and an Affiliated Researcher with the Desautels Centre for Private Enterprise and the Law. Virginia Torrie is an Associate […]
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Practicing the Pause – Mindfulness on Social Media and in Crisis Communications
Written by Rebecca Jaremko Bromwich Have you ever been cancelled online? I have. Well, there has been an attempt. I am “conspicuously white” and a white woman is simply not […]
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Here in Canada, it’s Equality, eh?
Written by Rebecca Jaremko Bromwich In business management contexts, I have received questions and criticism for saying I am passionate about “equality” instead of using the word “equity”. I say […]
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Luminary Holding Corp. v Fyfe
Written by Connor Jonsson, supervised by Professor Darcy MacPherson At law, an agency agreement can be implied to exist based on the conduct of the parties alone – without any […]
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Can I Protect My Secret Sauce? – The Enforceability of Restrictive Covenants for a Pizza Franchise [BC1]
![Can I Protect My Secret Sauce? – The Enforceability of Restrictive Covenants for a Pizza Franchise [BC1]](https://www.desautelscentre.ca/wp-content/uploads/2022/07/pizza-for-desautels.jpg)
Written by Xiyuan Feng, supervised by Professor Bruce Curran During the term of a franchise agreement, the franchisor shares with the franchisee many business secrets, such as secret recipes, customer […]
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The New Financial Consumer Protection Framework is in Force – An Overview of the Key Aspects:
By Virginia Torrie In December of 2018, Bill C-86 (or the Budget Implementation Act, 2018, No. 2) received royal assent. This bill introduced a new proposed framework that would put […]
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Receivers, Shareholders, and Conflicts of Interest
By Ty Schmidt – Supervised by Professor Maharaj In the recent decision of Concrete Equities Inc. (Re), 2022 ABQB 185, the Alberta Court of Queen’s Bench found that a court-ordered […]
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Pirani v Pirani – Family Trusts and the Displacement of Fiduciary Duties
By Ty Schmidt – Supervised by Professor Maharaj In the law of trusts, it is a well-established that a trustee owes a fiduciary duty to the beneficiaries of the trust, […]
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MECHANISMS OF DEBT ADJUSTMENT UNDER THE FARMERS’ CREDITORS ARRANGEMENT ACT, 1934
In a new article, Dr. Virginia Torrie explores the debt adjustment mechanisms from the Farmers’ Creditors Arrangement Act (FCAA) that were utilized to protect insolvent farmers during the Great Depression. […]
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An Indigenous law of commercial contracting?
Dr. Andrew Hutchison (Desautels Centre Affiliated Researcher and Professor, Department of Commercial Law, University of Cape Town) considers possibilities for an Indigenous law of commercial contracting from a South African […]
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Limitations for Everyone!
In a recent article, Dr. Samuel Beswick (Desautels Centre Affiliated Researcher and Assistant Professor, Peter A. Allard School of Law, University of British Columbia) critiques the error-of-law exception in the […]
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BCSC pumps the breaks on presumptions for contractually-agreed receiverships
By Brenden Drews – Supervised by Professor Maharaj Some commercial entities may be surprised to learn that a recent British Columbia Supreme Court (BCSC) decision has held that a contractual […]
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Transnational Corporations and Modern Slavery: Nevsun and Beyond
In a new article, Dr. Akshaya Kamalnath (Desautels Centre Affiliated Researcher and Senior Lecturer, Australian National University College of Law) considers the issue of transnational corporate responsibility as discussed in […]
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Family firms, feuds, and the oppression remedy
By Xiuyuan Feng – Supervised by Professor Maharaj In Callahan v Callahan, 2022 BCSC 87, the Supreme Court of British Columbia considered a petition from one of four brothers of […]