Author Archives: Jassmine Girgis

About Jassmine Girgis

B.A. (Calgary); JD (With Distinction) (Western); LL.M. (Cambridge). Associate Professor. Member of the Alberta Bar. Please click here for more information.

Director Liability and the Workers’ Compensation Scheme: The Divergence Between Policy Goals and Outcomes

Posted on May 14, 2019 by Jassmine Girgis

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 | Comments Off on Director Liability and the Workers’ Compensation Scheme: The Divergence Between Policy Goals and Outcomes

Lessons from Redwater: Discard the AbitibiBowater Test and Legislate Super Priority for the Regulator

Posted on March 1, 2019 by Jassmine Girgis

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 | 1 Comment

Preservation of Human Dignity as the Justification for Excluding Personal Rights of Action in Bankruptcy

Posted on October 9, 2018 by Jassmine Girgis

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 →

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BIA Preference Payments: Evidence Rebutting the Presumption must be Objectively Reasonable

Posted on March 8, 2018 by Jassmine Girgis

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 | 1 Comment

Penalty Clauses: Inequitable, but Not Inherently Extravagant

Posted on January 18, 2018 by Jassmine Girgis

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 | Comments Off on Penalty Clauses: Inequitable, but Not Inherently Extravagant