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Building Connections Centre for Business Law 2015 Annual Review
The Centre for Business Law is building a dynamic community of scholars, students and practitioners who continue to advance the dialogue on business law.
2 Message from the Chair 4 Message from the Director 6 Q+A with the Executive Director
Founded in 2006, the Peter A. Allard School of Law’s Centre for Business Law is a
8 Graduate Research 12 Business Law Concentration Graduate 16 Community Engagement
vibrant intellectual hub for the advancement
20 Year in Review 28 Faculty Publications 30 Faculty & Adjunct Professors 32 Affiliates
law and financial policy, both within Canada
of the scholarship and practice of business
and internationally. With its three pillars – scholarship, education and community – the Centre provides a dynamic, interdisciplinary environment for globally-influential business law research and scholarship; outstanding educational programs to support students’ engagement in contemporary business law issues; and programming that fosters intellectual exchange among a wide diversity of business community stakeholders.
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Meaningful partnerships have been the focus of this year’s activities for the Centre for Business Law. Under the guiding principles of scholarship, education and community, the Centre continues to build its connections both within and outside the law school to develop leading interdisciplinary research, provide exceptional educational opportunities and host inspiring events and lectures.
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Message From the Chair This has been another exciting year for the Centre for Business Law. The Faculty welcomed Dean Dauvergne in July and I wish to congratulate her on her appointment. I look forward to working with Dean Dauvergne in the coming The Honourable Frank Iacobucci CC, QC
years. I also want to thank Mary Anne Bobinski for her years of outstanding service. Under her leadership, the Centre experienced sustained growth and impressively strengthened its relationships within the academic, legal, and business communities.
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This past year was extraordinarily busy for the Centre. Under the leadership of the Centre’s Director, Cristie Ford, and Executive Director, Chiara Woods, the Centre established the Business Law Clinic at the Allard School of Law that will commence in January 2016. This innovative program will provide students with a unique opportunity to gain practical legal skills in a supervised clinical setting through the provision of pro bono legal advice to small business owners, entrepreneurs, and non-profit organizations. Further details about the clinic are included later in this report. The Centre has remained committed to its three pillars – scholarship, education, and community engagement. The Centre’s scholars continue to conduct leading edge business law research in a broad range of areas, including securities regulation, taxation, regulatory governance, corporate social responsibility, and international trade, to name only a few. This past May, the law school’s convocation welcomed its seventh class of graduates from the Business Law Concentration Program. Through this highly regarded program, the Centre continues to help provide JD students with a strong foundation in business law. Enrollment in the program has grown substantially to 23 students this year, the largest cohort since the program began. Furthermore, through its programming this year, the Centre continued to engage the business and legal communities by holding a number of events on timely and important issues and partnering with a number of centres at the Faculty and in the community.
dean’s advisory committee The Dean’s Advisory Committee for the Centre for Business Law is comprised of senior members of business, legal practice and the judiciary, to provide strategic direction and advice to the Centre. This board consists of Nigel Cave, Ron Ezekiel, Anna K. Fung, QC, Mitchell Gropper, QC, Doug Hyndman, The Honourable Frank Iacobucci, CC, QC (Honorary Chair), Ted Koffman, Michael Korenberg, Lori Mathison, Steve McKoen, Sue Paish, James Reid, and
I would like to thank the Centre’s Dean’s Advisory Committee for their support of the Centre. The success of the Centre’s goals could not be achieved without their thoughtful advice and commitment. In particular, I would like to acknowledge William Kaplan and John Sandrelli, who stepped down from the committee this year and thank them for their years of support and contribution to the Centre’s ongoing success. I look forward to supporting the Centre’s exciting initiatives in the year ahead.
The Honourable Frank Iacobucci CC, QC Honorary Chair, Dean’s Advisory Committee
Harj Sangra.
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Message From the Director I am very pleased to have served as Director of the Centre for Business Law for what has been another exciting year. The Centre has continued to develop a number of successful initiatives and I am very proud that with generous support Associate Professor Cristie Ford
from the Franklin Lew Innovation Fund, the Centre has established the Business Law Clinic at the Allard School of Law. The Clinic will open its doors at Allard Hall in January 2016 and will provide business oriented legal advice to small business owners, entrepreneurs, non-profit organizations, and individuals who could not otherwise afford legal advice. Students will be supervised by practicing lawyers with in depth practice experience in business law. The Clinic is an exciting hands-on opportunity for students to use their substantive understanding of law in a clinical setting for the benefit of the public. I sincerely appreciate the time and efforts contributed by everyone involved with the program, and wish to thank Dean Dauvergne for her support of this exciting initiative. As you will read in these pages, the Centre continued to expand its programming throughout the 2014–15 academic year. We have also formed meaningful partnerships with other centres at the Faculty and with organizations in the community. In September, the Centre and the Centre for
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Asian Legal Studies hosted a delegation from the Chinese Commercial Law Association that included senior law professors from that country who teach and conduct research in areas of commercial law. During the visit, delegates and faculty members participated in a roundtable that provided participants an opportunity to engage in dialogue about a variety of international commercial law subjects. In October, the Centre partnered with the Canadian Securities Transition Office in hosting a workshop to discuss the new Cooperative Capital Markets Regulatory System and associated draft provincial and federal legislation. Also in October, the Centre and Canadian Friends of Hebrew University hosted the Mitchell Gropper, QC Faculty Exchange Program Annual Lecture with Dr. Michal Shur-Ofry of the Faculty of Law, Hebrew University of Jerusalem. In November, the Centre partnered with the Faculty’s Centre for Feminist Legal Studies to host a panel discussion about women and law entitled, “Beyond Work Life Balance: Legal Ethics and Equality for Women Lawyers”. Each of these events was well attended and well received. In January, the Centre hosted its popular Annual Welcome Reception with the Law & Business Society for Business Law Concentration students and alumni, members of the legal and business communities, the Centre’s Dean’s Advisory Committee members and Allard School of Law faculty and staff. Later in the month the Centre welcomed Robert Howse, Lloyd C. Nelson Professor of International Law at the New York University School of Law, and our fifth Fasken Martineau Visiting Senior Scholar. As always, we are grateful to our platinum affiliate, Fasken Martineau LLP, for providing the support that allows us to invite distinguished scholars like Professor Howse to engage with faculty, students and the downtown community. During his visit, Professor Howse taught an intensive course about investor-state dispute resolution and presented a faculty colloquium lecture and a downtown lecture on the future of world trade and investment. In February 2016, Professor Margaret Radin, Henry King Ransom Professor of Law Emeritus at Michigan Law, will visit the Faculty as our sixth Fasken Martineau visiting scholar. Throughout the spring semester, several senior tax law scholars visited the Faculty as part of the LLM Tax Program’s Tax Law and Policy Workshop series. In addition, the Faculty welcomed Benjamin Lee, VP Legal & General Counsel at TimberWest, as the new adjunct instructor for the Business Law Capstone course. This course is the cornerstone component of the Business Law Concentration program. Enrollment in the Concentration continues to grow, and the Centre is proud to contribute to the expanding and exceptional range of business law-oriented educational opportunities available to our students. In the following pages of this review, you will read more about the Centre’s programs and its affiliated faculty members’ significant scholarly work. The Centre remains committed to scholarship, education, and community engagement through initiatives that connect business law scholarship with other disciplines, and with the legal and business communities. On behalf of the Centre, I would like to extend my sincere thanks to our affiliates for their generous support and continued encouragement. I look forward to another exciting year ahead.
Associate Professor Cristie Ford Director, Centre for Business Law
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Q+A with the Executive Director A major milestone for the Centre this year is the Business Law Clinic. Let’s talk about that.
Chiara Woods Executive Director, Centre for Business Law
cw: The clinic is a pilot project that’s been generously funded by the Franklin Lew Innovation Fund. Cristie Ford, the Centre’s Director, and I drafted a proposal which was accepted in June of this year. The Clinic is going to run in the second term of the current academic year, from January to April 2016, and it will have a four-credit clinical and a two-credit academic component. We’ll be launching the student application process soon and will be accepting six candidates. We’re currently in the process of hiring supervising lawyers to oversee the students in the clinic. The goal is to give students a chance to develop a broad range of practical legal skills working with small businesses, entrepreneurs, and non-profits. So they’ll be helping clients with things like incorporation, drafting and reviewing various types of agreements and corporate documents, including possibly shareholder agreements, licensing agreements, confidentiality agreements, privacy policies, article of incorporation, trademark applications – that sort of thing. Under the recent changes to the Society Act, many nonprofits will be transitioning to the new regulatory framework, so I expect that will be something most of the students will get to work on. This sort of work is often a struggle for small organizations and we anticipate no shortage of interest from potential clients. To find clients we’ve been doing outreach into the community through groups like the Vancouver Board of Trade and entrepreneurial programs like the BC Innovation Council and e@UBC.
From a personal perspective, what’s been a highlight for you over the last year with the Centre? cw: I’m very proud of having put together successful partnerships this year with the Centre for Feminist Legal Studies, the Centre for Asian Legal Studies, the Indigenous Legal Studies Program and the Allard Prize for International Integrity. Through those collaborations we’ve continued to expand our profile internally and externally. I’m looking forward to strengthening those associations through events and conferences over the coming year, and building stronger connections with the Sauder School of Business and other business organizations.
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The Centre for Business Law’s Executive Director Chiara Woods, discusses highlights from the past year and what lies ahead.
The Welcome Reception was also a highlight – it was a really fun event that brought together a great community of students, faculty and practitioners. Prior to the event our Dean’s Advisory Committee, which includes the Honourable Frank Iacobucci, had a very successful meeting so the Centre felt invigorated.
Can you provide an update on the Business Law Capstone course and the Business Law Concentration program? c w: The program is thriving. Benjamin Lee who is VP Legal & General Counsel at TimberWest started teaching the Capstone last January and students are extremely enthusiastic about the course he has developed. We’ve had a lot of fantastic alumni feedback, which has been driving interest to the course. That and the intrinsic opportunity over the course of the class to present to the real corporate boards of Goldcorp, Teck and Entrée Gold in ways that closely replicate actual practice. So our numbers are significantly up – two years ago we had six students, this year we’re at maximum capacity with 23 students.
What can we look forward to from the Centre in the coming year? c w: The most important undertaking for us at the moment is creating a new strategic plan, since we’ve accomplished much of what was laid out in the previous one. The law school is currently developing a new strategic plan as well, which will be reflected in ours. It’s a tremendously important process. And there are some new priorities we want to include too: We want to make it easier for faculty at Allard School of Law to engage with the Centre, and put on more events that build on and highlight their research. And, especially as the business law clinic starts up, we want to forge stronger ties with entrepreneurial organizations around Vancouver. Working with the Franklin Lew Innovation Fund has made it very clear to me what a vibrant entrepreneurial community Vancouver has, and we’d love to do more work with this community. Of course, the challenge comes in integrating those goals into the new plan without diminishing our existing commitment to students and to the legal and business communities. We will be engaging a broad range of individuals, including our Dean’s Advisory Committee members, in this process because we want to create a dynamic and robust plan that will help guide the Centre over the next five years.
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Graduate Research Stefan Pauer PhD Candidate, Allard School of Law
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“ The Allard School of Law offers an academic environment that allows me to approach my research from different complementary perspectives, drawing on political science and economics as well as law.”
stefan pauer, phd candidate, allard school of law
Excellence in Faculty members affiliated Scholarship with the Centre are leaders in and Research their fields who have published books, scholarly articles with leading peer-reviewed journals, presented at major international conferences, and have been cited by the Supreme Court of Canada. In additional to our outstanding Faculty, graduate students are also making meaningful contributions to the public good through their research.
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Why did you decide to pursue your graduate studies at the Allard School of Law? The Allard School of Law offers an academic environment that allows me to approach my research from different complementary perspectives, drawing on political science and economics as well as law. I also value the opportunity to connect with different research groups across the university that work on sustainability issues. This strong interdisciplinary focus helps me produce practically relevant research. Tell us about your research. A growing number of scholars, business leaders and environmentalists have recommended border tax adjustments (also known as carbon tariffs) to support domestic climate policies. These measures can extend climate or other environmental policies beyond the domestic domain. They offer the promise of environmental, economic and political benefits. However, despite growing political support and potentially substantial benefits, border tax adjustments are conspicuously absent in practice. Indeed, although more and more carbon pricing policies are adopted throughout the world, very few examples of border tax adjustments exist and so far none have been implemented at a general scale in any jurisdiction. To date, no study has subjected this puzzle to specific and empirical analysis that focuses on actual decisions taken by policy-makers on the ground. My research seeks to understand the conditions under which governments adopt or do not adopt these measures by comparing the experience of different jurisdictions around the world.
Stefan Pauer, PhD Candidate Allard School of Law Stefan Pauer is a PhD candidate at the Allard School of Law and a former Policy Officer at the European Commission of Law. His research investigates a vital climate policy, namely the implementation of carbon tariffs, which is among the most promising options to make much-needed progress on reducing emissions.
What direct impact do you hope to achieve with your research? In Canada, competitiveness concerns are at the forefront of the political discourse on climate policy and environmental policy more generally, and addressing these concerns is likely to become increasingly urgent, whether at the provincial or national level. Since border tax adjustments are among the most promising options to address these concerns, there is a need to investigate their viability and barriers to adoption. My research will help identify why, despite advice from economics and trade law scholars, policymakers are reluctant to adopt these measures. With that knowledge, it may be possible to identify opportunities for policy change, in collaboration with policy-makers. Why do you think a global perspective is important in business law? Businesses today need to keep up with policy developments at multiple levels of governance. They operate within a business environment shaped not only by provincial and federal regulation but also by regulation at the international level. Businesses also need to ready themselves for the regulatory environments found abroad to secure and maintain access to foreign markets.
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Business Law Concentration Graduate Ben Schach Class of 2015, Allard School of Law
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“ Understanding how business law impacts the day-to-day of a business is critical to not only your understanding of it but it also goes a long way in making your clients happy.”
ben schach, class of 2015, allard school of law
Exceptional The Business Law Concentration, Learning and the acclaimed Business Opportunities Law Capstone course, supports excellence in learning by preparing students for their careers through a combination of rigorous legal training and real-world connections to the business community.
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Why did you decide to pursue the Business Law Concentration? I actually started my business in my first year of law school, which is probably a reason why I gravitated so strongly towards business law. I also wanted to take the Business Law Capstone course. It seemed like a great way to get out of the classroom and learn from a number of lawyers and other practitioners from the business world. Additionally, I gravitated towards a lot of the required courses and thought it made sense to pursue the Concentration as I was clearly focused on this area of law. What was your experience in the Business Law Capstone like? The Capstone was really great. Working in a small team, outside of the classroom on a mock transaction with real individuals from mining companies was a definite highlight. Our instructor, Benjamin Lee, did a great job of bringing in relevant speakers on a wide range of issues that you would expect to see in the real world. Since I did not work at a firm over the summer, this was my first taste of putting textbook learning into a real world environment. What are some highlights of the Business Law Concentration for you? Generally I found the courses with adjunct professors to be a real pleasure. Their perspective on how the law works in the real world was always a refreshing break from the dense reading we all do. While the majority of my courses were in the area of business law, it was nice to take courses outside of this area including a workshop on advocacy. That was my one and only exposure to work in the courts and it was fascinating. How do you think the program helps prepare students to work in business law? I found my experience in the business world actually helped me a great deal with understanding the legal concepts I was learning in the classroom. Understanding how business law impacts the dayto-day of a business is critical to not only your understanding of it but it also goes a long way in making your clients happy. Having worked with a number of lawyers on my own business, those that grasp the business side of things (along with having a sharp legal mind) are a real pleasure to work with and the ones I tend to work with again and again.
Ben Schach, Class of 2015 Allard School of Law Ben Schach graduated from the Allard School of Law with the Business Law Concentration in 2015. He is also the co-founder of Glory Juice Co., a Vancouverbased company specializing in bottled organic cold-pressed juice, nut beverages, raw shakes, and superfood bowls.
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Community Engagement Melissa Neate JD Candidate 2016 Past President, Law & Business Society
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“ The welcome reception is a wonderful evening at which to develop connections with business law firms in Vancouver in a relaxed environment. This event is fantastic as lawyers from many of the notable firms in the city attend and are happy to chat.”
l to r: Mitchell H. Gropper, QC (Partner at Farris), Associate Professor Cristie Ford (Allard School of Law), The Honourable Frank Iacobucci, CC, QC (Honorary Chair, Dean’s Advisory Committee, Centre for Business Law)
welcome reception, shangri-la hotel, vancouver
Engaging the Legal and Business Communities
The Centre for Business Law Welcome Reception Each year, the Law & Business Society in partnership with the Centre for Business Law, holds a Welcome Reception to provide students and affiliates of the Centre with the opportunity to connect. This year, the Welcome Reception was held at the stunning Xi Shi Lounge in Vancouver’s Shangri-La Hotel, and brought together students, faculty, Vancouver’s downtown legal community and the Centre’s Dean’s Advisory Committee. “The welcome reception was an amazing opportunity to meet a diverse set of lawyers. Being able to speak with seasoned veterans like the Honourable Frank Iacobucci, to lawyers who had just started their own practice was an extremely valuable experience to me. It certainly gave me perspective beyond the legal world we are so familiar with in school. I left the event feeling that I had not only learned about new practice areas within the umbrella of business law, but also feeling excited about the possibility of one day working amongst this collegial group.” Alia Bandali, BCom, JD Candidate 2017 Current President, Law & Business Society
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About the Law & Business Society The Law & Business Society is a student-run organization dedicated to promoting a discussion of business law issues, while helping to establish the Allard School of Law as a premier business law education destination. The group often connects Vancouver firms with students, providing opportunities for firm tours and networking and social events. Some of the events organized by the Law & Business Society this year include: • McMillan Champagne Tasting • Stikeman Elliott Lounge Night: An annual networking event for students and firm lawyers • Speed Networking with Fasken Martineau DuMoulin LLP • Borden Ladner Gervais Wine Tasting • Blakes Hockey Night at Rogers Arena • Speakers’ panel hosted by Farris
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Year in Review
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Year in Review
Scholarship
The Centre is continuously advancing business law scholarship through leading-edge research produced by affiliated faculty and extensive use of inviting visiting scholars to complement and expand its scholarly reach. Bringing in World-Class Academics The Fasken Martineau Visiting Senior Scholar initiative supports excellence in scholarship and research by providing the opportunity for the Centre to invite outstanding academics from around the world to visit the Allard School of Law. This year’s senior scholar was Rob Howse, the Lloyd C. Nelson Professor of International Law at the New York University School of Law. During his time in residence at the Allard School of Law, Professor Howse presented to faculty and the downtown legal community. Professor Howse residency also included a two week intensive seminar for JD students titled “Investor-State Dispute Settlement: Controversies and Cases”.
Influential Research With research on the connections between business law and fields as wide-ranging as human rights, climate change, arts and culture and environmental law, the Centre’s research is interdisciplinary in focus and global in influence. See opposite page for two examples of research projects conducted by our outstanding faculty.
Robert Howse, Fasken Martineau Visiting Senior Scholar
Global Supply Chains Assistant Professor and Canada Research Chair in Global Economic Governance Galit Sarfaty’s recently published paper “Shining Light on Global Supply Chains,” 56 Harvard International Law Journal (2015) analyzes the effectiveness of emerging domestic legislation on global supply chain transparency with respect to human rights and labor practices. Sarfaty argues that while using domestic law to regulate global supply chains has the potential to significantly shape corporate behavior, the existing due diligence gap suggests that the shift to domestic governance is not going far enough. Sarfaty makes the recommendation that given the challenges associated with extraterritorially regulating complex, multi-tiered supply chains, home states need to play a larger role in implementation to facilitate corporate compliance. In addition, companies need to invest in their internal culture to facilitate organizational learning around responsible supply chain management.
China’s State-Owned Enterprises Assistant Professor Li-Wen Lin is the recipient of the TSX Capital Markets Initiative, which provides funding to the Centre for timely and relevant capital markets research. Professor Lin’s TSX funded research resulted in a paper: “China’s National Champions: Governance Change through Globalization?” University of Pennsylvania East Asia Law Review (2015). Lin’s research focuses on how political and regulatory pressure arising from institutional distance between State-Owned Enterprises (SOE) home countries and host countries may act as an effective force to push for SOE governance change. Focusing on Chinese SOEs, which are prominent state-owned investors in global investment, her empirical evidence suggests that the development of global equity connections that potentially expose SOEs to foreign institutional pressure seems virtually irrelevant to the reform patterns of the most important non-financial SOEs in China.
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Year in Review
Education
Through innovative course offerings, inspiring lectures and an interactive learning environment, the business law education program at the Allard School of Law provides students with the benefit of both a theoretical and practical education. Experiential Learning A major milestone for the Centre this year was the establishment of the Business Law Clinic at the Allard School of Law, which will provide students with the opportunity to work with organizations in need of legal guidance. Through this clinic, students will receive the benefit of gaining valuable client-facing experience, while providing an important service to those that could otherwise not afford it. The clinic will begin operations in January 2016.
A Focused Education In just two years, the Business Law Concentration program has grown exponentially from six to 23 students. Students enrolled in this program complete a variety of mandatory courses and electives. They also have the opportunity to attend special lectures to discuss current developments in business law. This knowledge is brought together in the Business Law Capstone, an integrative and interdisciplinary course that incorporates theoretical and practical elements of business law. The final assignment required students to present to the board members of Entrée Gold, Goldcorp or Teck Resources.
Leading-Edge Opportunities Since its launch last year, the LLM Tax Program has accepted 26 applications with a handful of those already graduated and currently working in the area of tax law. The LLM Tax Program is the only graduate tax program in Western Canada and the only full-time English-language program in Canada. This one-year program (with a part-time option) provides graduates with a depth of knowledge and level of technical expertise beyond what can be acquired from a basic law degree.
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Year in Review
Community
The extraordinary work produced by the Centre, goes well beyond the walls of Allard Hall. Through conferences, workshops, public lectures and social events, the Centre provides a platform for scholars, professionals and students to come together to exchange ideas and connect. Connecting Academia with Practice In September 2014, the Centre co-hosted a lecture with Allard School of Law visiting scholar, Professor Dr. Michal Shur-Ofry from the Hebrew University of Jerusalem. The lecture is part of the law school’s annual Mitchell H. Groper, QC Faculty Exchange program. Professor Shur-Ofry’s lecture to the local business law community was titled “From Newton to Shechtman: Can Intellectual Property Facilitate Nonlinear Innovation.”
Informative Discussions on Timely Topics In October 2014, the Centre hosted a panel discussion on a proposed legislation to establish a Cooperative Capital Markets Regulatory System. Representatives from the participating governments were in attendance and the discussion was moderated by the Centre’s Director, Associate Professor Cristie Ford.
Global Reach A delegation of tax policy directors, public accountants and economists from the Shaanxi Provincial Revenue Bureau, P. R. of China, came to the Allard School of Law earlier this year. The session involved a discussion of Canadian approaches to international tax avoidance and tax treaty shopping, including a discussion of the Canadian General Anti-Avoidance Rule, and three Canadian tax cases involving tax treaty shopping. In September 2014, the Centre and the Allard School of Law’s Centre for Asian Legal Studies hosted a delegation from the Chinese Commercial Law Association that included senior law professors from China who teach and conduct research in areas of commercial law. During the visit, delegates and faculty members participated in a roundtable that provided participants an opportunity to engage in dialogue about a variety of international commercial law subjects.
Exchanging Ideas “Beyond Work Life Balance: Legal Ethics & Equality for Women Lawyers” was the title of this informative and engaging panel discussion, co-hosted with the Allard School of Law’s Centre for Feminist Legal Studies. A panel of prominent female lawyers discussed the ways in which gendered norms affect the opportunities for women lawyers.
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Securities Panel, October 2014
Beyond Work-Life Balance, November 2014
Welcome Reception, January 2015
Tax Law Networking Event, November 2014
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Faculty Publications Interdisciplinary in focus. Global in influence. Faculty affiliated with the Centre for Business Law are leaders in their scholarly fields, and publish widely in Canada and beyond. Below is a sample of some of the research coming out of the Centre in the past year.
human rights & business law Joel Bakan, “Chapter 3. How Big Business Targets Children.” Corporations and Citizenship (2014) “The Invisible Hand of Law: Private Regulation and the Rule of Law”, Cornell International Law Journal (2015) Galit A. Sarfaty, “Measuring Corporate Accountability Through Global Indicators,” The Quiet Power of Indicators: Measuring Governance, Corruption, and Rule of Law (2015) Pitman B. Potter, “Human Rights and Social Justice in China,” Linking Global Trade and Human Rights: New Policy Space in Hard Economic Times (2014).
comparative & international business law Janis Sarra, “La bonne foi est une considération de base – Requiring Nothing Less than Good Faith in Insolvency Law Proceedings”, Annual Review of Insolvency Law (2015) “Bank Groups and Financial Conglomerates, Retooling Resolution Regimes”, Banking and Finance: Perspectives on Law and Regulation (2014) “Imhotep’s Ingenuity, Developing Canada’s Capacity to Address Corporate Group Insolvency”, Annual Review of Insolvency Law (2014) Director and Officer Liability in Corporate Insolvency, 3rd edition, co-authored with Ronald B Davis (2015)
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Shigenori Matsui, “Don’t You Want to Watch Television Programs Aired in Your Country While You are Aboard? Broadcasting, Reproduction Public Transmission and Copyright”, 2015 U Ill. J. Law, Technology & Policy (2015) “The Supreme Court of Japan and online Pharmacies”, Legal Innovations in Asia (2014)
corporate law & financial regulation
tax law & policy
arts, culture & business
Wei Cui, “China’s Business-Tax-to-VAT Reform: an Interim Assessment”, British Tax Review (2014) With lan Schenk, Victor Thurony, Value Added Tax: A Comparative Approach (2015) “Administrative Decentralization and Tax Compliance: A Transactional Cost Perspective” University of Toronto Law Journal (2015) “An Empirical Study of Tax Litigation in China” Tsinghua University Law Journal (2015) “Taxation of Non-Residents’ Capital Gains”, United Nations Handbook on Selected Issues in Protecting the Tax Base of Developing Countries (2015)
Robert K. Paterson, “Collecting ‘Tribal Art’ – Sacred or Secular”, International Journal of Cultural Property (2014) With James A.R. Nafziger, “Foreign Cultural Heritage Claims: New Zealand v. Ortiz Thirty Years Later” For the Sake of Present and Future Generations: Essays on International Law, Crime and Justice in Honour of Roger S. Clark (2015)
David G. Duff et al., eds. Canadian Income Tax Law (2015)
Cristie Ford (with David Johnston & Kathleen Rockwell), Canadian Securities Regulation (2014) “Financial Innovation and Flexible Regulation: Destabilizing the Regulatory State” 8 North Carolina Banking Institute (2014)
intellectual propert y & business law Graham Reynolds, “Parodists’ Rights and Copyright in a Digital Canada” Dynamic Fair Dealing: Creating Canadian Culture Online (2014)
commercial law Bruce MacDougall, Canadian Personal Property Security Law (2014)
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Faculty & Adjunct Professors allard school of law facult y The Allard School of Law is committed to recruiting outstanding teachers and scholars who are leaders in their fields of research. The below faculty are affiliated with the Centre for Business Law. They are a diverse group of dynamic and accomplished faculty who produce innovative and influential legal research. Associate Professor Natasha Affolder International Environmental Law, Biodiversity Law, Law and Sustainability Associate Professor Ljiljana Biukovic International Trade Dispute Resolution, Internet Law and the Process of Enlargement of the European Union Professor Joost Blom, QC Contracts, Torts, Conflict of Law (Private International Law), Intellectual Property, Comparative Law Associate Professor Wei Cui Tax Law and Policy, Public Finance, Chinese Legal System
Professor David Duff Tax Law and Policy, Environmental Taxation, Comparative and International Taxation, Statutory Interpretation, Distributive Justice Associate Professor Cristie Ford Securities Regulation, Administrative Law, Regulatory Theory and Design Assistant Professor Li-Wen Lin Comparative Corporate Governance, Corporate Social Responsibility, the Interdisciplinary Study of Corporate Law and Economic Sociology, Law and Economic Development, Chinese Law Professor Bruce MacDougall Law of Obligations, Sexual Orientation and the Law, Secured Transactions, Commercial Transactions Professor Robert K. Paterson Corporations, International Trade and Investment, International Commercial Arbitration, Cultural Property and Law Professor Shigenori Matsui Constitutional Law, Mass Media Law, Information Law, Internet Law, Japanese Law, Law and Medicine Professor Pitman Potter Chinese Law and Politics, International Law, Human Rights, Comparative Law, Globalization, and Law and Society
Assistant Professor Galit A. Sarfaty International Law, Regulatory Governance Assistant Professor Graham J. Reynolds Copyright Law, Intellectual Property Law, Property Law, Intellectual Property and Human Rights, Technology and Access to Justice Professor Janis Sarra Insolvency Law, Corporate Governance, Corporate / Commercial Law, Securities Law, E-Commerce, Dispute Resolution Professor Anthony Sheppard Evidence, Creditors Remedies, Equity Law, Taxation Law Professor Joseph Weiler Labour Law and Policy, Alternative Dispute Resolution, Sports Law, Media and Entertainment Law, Law of Cyberspace
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adjunct professors Each year, we invite industryexperienced practitioners to teach in their areas of expertise. These passionate and inspiring adjunct professors offer students a valuable connection to the profession. Jennifer Archer Close Corporations Thomas W. Bailer Intellectual Property Melanie Bradley Close Corporations Mary Buttery Insolvency Law Jon Festinger Video Game Law Arnie Fine Topics in Commercial Law Michael Korenberg Corporate Transactions
Benjamin Lee Business Law Capstone
Michael Taylor Taxation
Jennifer Marles Intellectual Property
Francois Tougas Competition Policy
Graeme Martindale Securities Regulation
Greg Umbach Real Estate Transactions
Steven McKoen Corporate Transactions
Lance Williams Insolvency Law
Jefferey A. Read Securities Regulation
Kevin Wright Competition Policy
Harj Sangra Advanced Corporate Law
Paul Yeung Real Estate Transactions
John Smith Trusts Gary Sollis Securities Regulation Steve Szentesi Competition Policy David Takagawa Intellectual Property Rod Talaifar Advanced Corporate Law
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Affiliates The Allard School of Law is very grateful for the support it receives from the affiliates of the Centre for Business Law.
pl at i n u m af f i l i ate s
g o ld af f i l i ate s
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pl atinum affiliate Fasken Martineau DuMoulin LLP In 2007, Fasken Martineau made a $250,000 investment to become the founding Platinum Affiliate of the Centre. “Supporting excellence in business law is a priority for Fasken Martineau,” says Managing Partner Will Westeringh, QC. “We chose to establish the Fasken Martineau Visiting Senior Scholar because it reflects our commitment to supporting the advancement of legal research by engaging the public in the issues that we deal with in a practical manner, daily. In addition, we value the Centre’s commitment to educating the best and brightest legal minds through the business law concentration.” “As Fasken Martineau is a national firm and one of the largest firms practising business law in Vancouver, we are very pleased with the commitment to excellence in business law scholarship the firm has demonstrated by creating the Fasken Martineau Visiting Senior Scholar,” says Chiara Woods, Executive Director of the Centre. “We are very grateful for the firm’s leadership in this area.”
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gold affi liates The Centre’s Gold Affiliates provide the foundational support for the Centre to carry out the key objectives of its three pillars: scholarship, education and community engagement. Gold Affiliate support enables the Centre to provide conferences, symposia, and the downtown panel series. “With the wonderful support we are receiving from our Gold Affiliates, we are able to provide speaking opportunities, practical and relevant programming, and we are able to hold more events to bring the business and legal communities together with Allard School of Law students and faculty,” says Chiara Woods, Executive Director of the Centre. “We truly appreciate the ongoing support we receive from the business and legal communities.”
Peter A. Allard School of Law University of British Columbia
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