Written by Matthew London In the fall 2022 semester, I authored a paper titled “Incentivizing Giving via the Removal of Capital Gains Tax from the Donation of Private Company Shares” […]
Written by Dimitry Anastakis, LR Wilson/RJ Currie Chair in Canadian Business History University of Toronto, Department of History and Rotman School of Management and Affiliated Researcher, Desautels Centre As an […]
Written by Isha Khandelwal* The 27th session of the United Nations (‘UN’) Tax Committee (‘the committee’), a subsidiary group of the United Nations Economic and Social Council, was held at […]
Written by Rebecca Jaremko Bromwich Elie Wiesel famously said in his 1986 Nobel Prize acceptance speech that “we must take sides; neutrality helps the oppressor, never the victim.” I tend to agree […]
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 […]
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 […]
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 […]
Written by Xiyuan Feng In Azam v Andrews Custom Furniture Designs Inc., a recent judgement of the Supreme Court of British Columbia, the Court acknowledged that receiving, and, if necessary, […]
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 and negatively impacting workplace culture, “fracturing” work teams and preventing them from optimizing their potential. In consequence, employee retention is crucial for the success of small and family-run businesses.
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. The modern view has tended to be that agreements to arbitrate should be honored, consistent with the principles of party autonomy and freedom of contract. Insolvency procedures, however, favour a centralized judicial process and can override certain pre-insolvency agreements in order to achieve objectives in the best interests of creditors. In a much-anticipated decision, the Supreme Court of Canada (SCC) recently weighed in on these conflicting principles in Peace River Hydro Partners v. Petrowest Corp., and, in doing so, addressed a key intersection of insolvency and arbitration law.