Author Archives: Jassmine Girgis

About Jassmine Girgis

B.A. (Calgary); LL.B. (With Distinction) (Western); LL.M. (Cambridge); member of the Ontario Bar. Professor Jassmine Girgis joined the Faculty of Law at the University of Calgary in 2008. Prior to the University of Calgary, Professor Girgis was a member of the Faculty of Law at the University of Western Ontario. Professor Girgis teaches and researches in the areas of director and officer liability, corporate, commercial, contract and bankruptcy and restructuring law. In 2007, she received a Second Annual Lloyd Houlden Research Fellowship to undertake research in the area of director and officer liability to creditors during insolvency and in the fall 2008, she will be embarking on a cross-Canada tour to present her research findings. She also serves as the Academic Member of the editorial review board for the Canadian Association of Insolvency and Restructuring Professionals (CAIRP). Before joining Western, Professor Girgis was awarded the Paul Martin Scholarship, a full scholarship to undertake her graduate work at the University of Cambridge, where she graduated in 2006. Prior to that, she was the Silver Medalist in her graduating year from Western Law (2004) and served as the Law Clerk to the Honourable Mr. Justice J. Edgar Sexton of the Federal Court of Appeal in 2005. Her Bachelor of Arts was obtained at the University of Calgary.

Fundamental Breach and Repudiatory Breach of Contract

PDF Version: Fundamental Breach and Repudiatory Breach of Contract Case commented on: John Barlot Architect Ltd. v 413481 Alberta Ltd., 2013 ABQB 388 The doctrine of fundamental breach has caused much confusion, in part because of its relationship to the … Continue reading

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Beyond the Four Corners of the Contract: The Parol Evidence Rule, Implied Terms and the Duty of Good Faith

PDF Version: Beyond the Four Corners of the Contract: The Parol Evidence Rule, Implied Terms and the Duty of Good Faith Case commented on: Bhasin v Hrynew, 2013 ABCA 98, leave to appeal granted, 2013 CanLII 53400 (SCC) This appeal … Continue reading

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Contractual Interpretation and Context

PDF version: Contractual Interpretation and Context Case commented on: Ziegler v Green Acres (Pine Lake) Ltd, 2013 ABQB 349. Ziegler v Green Acres (Pine Lake) Ltd is a case that revolves around one provision in a unanimous shareholder agreement (USA). … Continue reading

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Indalex: Priority of Provincial Deemed Trusts in a CCAA Restructuring

PDF version: Indalex: Priority of Provincial Deemed Trusts in a CCAA Restructuring Case considered: Sun Indalex Finance, LLC et al v United Steelworkers et al, 2013 SCC 6. Introduction On February 1, 2013, Supreme Court of Canada (“SCC” or “Court”) … Continue reading

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Damages for Mental Distress in Breach of Contract

PDF version: Damages for Mental Distress in Breach of Contract  Case considered: J.O. v. Strathcona-Tweedsmuir School, 2010 ABQB 559  In J.O. v. Strathcona-Tweedsmuir School, the court awarded the plaintiff damages for mental distress arising from breach of contract. The facts … Continue reading

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Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed?

Case considered: Budget Waste Inc., Re, 2009 ABQB 752. PDF version: Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed? LoVecchio J.’s decision in Budget Waste Inc., Re (“Budget Waste“) is a great example of the questions courts … Continue reading

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The GM Saga So Far

PDF version: The GM Saga So Far The current financial crisis is arguably the largest corporate debacle and multi-market crash since the Great Depression. Its costs for corporations are substantial and many high profile companies have filed for bankruptcy protection … Continue reading

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Limited Partnerships: Devon Canada Corporation v. PE-Pittsfield, LLC

Cases Considered: Devon Canada Corporation v. PE-Pittsfield, LLC, 2008 ABCA 393. PDF Version: Limited Partnerships: Devon Canada Corporation v. PE-Pittsfield, LLC In Devon Canada Corporation v. PE-Pittsfield, LLC, the Alberta Court of Appeal clarified the law respecting foreign limited partnerships … Continue reading

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Bankruptcy and Student Loan Debts: An Ongoing Problem

Cases Considered: Mainstreet Hair Salon 1992 Ltd. v. Schumaker, 2008 ABQB 363 PDF Version: Bankruptcy and Student Loan Debts: An Ongoing Problem Many individuals would be unable to undertake post-secondary education without assistance in the form of student loans for … Continue reading

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Classifying Creditors under the Companies’ Creditors Arrangement Act

Cases Considered: Kerr Interior Systems Ltd. (Re), 2008 ABQB 286 PDF Version: Classifying Creditors under the Companies’ Creditors Arrangement Act In an application for an order to sanction a Plan of Arrangement (Plan), the Alberta Court of Queen’s Bench refused … Continue reading

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