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Author Archives: Jassmine Girgis
Director Liability and the Workers’ Compensation Scheme: The Divergence Between Policy Goals and Outcomes
By: Jassmine Girgis PDF Version: Director Liability and the Workers’ Compensation Scheme: The Divergence Between Policy Goals and Outcomes Case Commented On: Hall v Stewart, 2019 ABCA 98 The workers’ compensation scheme and its effect on directors’ personal liability for corporate … Continue reading
Posted in Corporate / Commercial, Torts
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Lessons from Redwater: Discard the AbitibiBowater Test and Legislate Super Priority for the Regulator
By: Jassmine Girgis PDF Version: Lessons from Redwater: Discard the AbitibiBowater Test and Legislate Super Priority for the Regulator Case Commented On: Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (CanLII) Environmental cleanup costs are a natural consequence … Continue reading
Posted in Bankruptcy and Insolvency, Constitutional, Oil & Gas
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Preservation of Human Dignity as the Justification for Excluding Personal Rights of Action in Bankruptcy
By: Jassmine Girgis PDF Version: Preservation of Human Dignity as the Justification for Excluding Personal Rights of Action in Bankruptcy Case Commented On: Cooke (Re), 2018 ABQB 628 This case considers whether a contractual “critical illness” benefit forms part of … Continue reading
Posted in Bankruptcy and Insolvency
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BIA Preference Payments: Evidence Rebutting the Presumption must be Objectively Reasonable
By: Jassmine Girgis PDF Version: BIA Preference Payments: Evidence Rebutting the Presumption must be Objectively Reasonable Case Commented On: Gustafson (Re), 2018 ABQB 77 (CanLII) Introduction Legislation that governs fraudulent preferences applies if a debtor elects to pay only one or … Continue reading
Posted in Bankruptcy and Insolvency
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Penalty Clauses: Inequitable, but Not Inherently Extravagant
By: Jassmine Girgis PDF Version: Penalty Clauses: Inequitable, but Not Inherently Extravagant Case Commented On: Super Save Disposal (Alberta) Ltd v Shenwei Enterprises Ltd, 2017 ABQB 805 (CanLII) Overview This is an appeal from a decision of the Provincial Court, which … Continue reading
Posted in Contracts
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