[1] This is an application by the Alberta Securities Commission for a declaration that an administrative penalty levied against Theodor Hennig survives his discharge as a bankrupt pursuant to subsections 178(1)(a), (d) and (e) of the Bankruptcy and Insolvency Act, R.S. 1985, c B-3. The administrative penalty arose from the findings of a panel of the Securities Commission that Mr. Hennig was responsible for misrepresentations in the financial statements of a public company of which he was a director and officer, that he obtained financial benefits as a result of non-disclosure of material facts, that he participated in market manipulation which resulted in artificial prices for another company, and that he made ongoing misrepresentations to Commission staff, all contrary to the public interest.2020 ABQB 48
This decision analyses the meaning of the term “offence” as used in s. 178(1)(a) of the BIA and whether it includes administrative penalties ordered by the securities commission. Justice Romaine found that:
81] The Applicant is entitled to the following relief:
a) a declaration that the judgment arising from the administrative penalty survives Mr. Hennig’s bankruptcy pursuant to subsection 178(1)(e) of the BIA;
b) a direction requiring Mr. Hennig to show cause why a new judgment should not be granted as against him; and
c) an order renewing the judgment for a period of ten years, and granting the Alberta Securities Commission a new judgment against Mr. Hennig pursuant to Rule 9.21 of the Alberta Rules of Court for the amounts remaining due and unpaid on the judgment.
Further commentary is available from this article from The Lawyers Daily.
New issues of the following journals are now available through WestlawNext Canada. If you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.
University of Toronto Law Journal, Winter 2020
Unity in the Eye of the Beholder? Reasons for Decision in Theory and Practice in the Ontario Works Program, Jennifer Raso
Corrective Justice, Coherence, and Kantian Right, Andrew Fell
Nothing to Hide, but Something to Lose, Ignacio N Cofone
Alan Brudner, The Owl and the Rooster: Hegel’s Transformative Political Science (Cambridge, UK: Cambridge University Press, 2017), Thom Brooks, Durham Law School
Education & Law Journal, January 2020
Religion in Canadian Public Schools: Constitutionalized Anomalies, Diana Ginn, Javier García Oliva, Edward R. Lewis
Educator Malpractice: A Tort Whose Time Has Come?, David C. Young
Classroom Assessment, Court Cases, and Parental Demands from a Political Systems Perspective: It’s Black Outside the Box, Darryl Hunter, Paul Clarke
Graduate Students and Striking Employees: Two Roles, One Disciplinary Process, Emily Finnie
No Harm, No Foul in Sex Education: Can Statutory Protections Insulate Actors from Liability?, Lisa Bush
Reconciling Judicial Review, Parmbir Gill
Courts Miss an Opportunity to Rule on the Privacy Rights of Students Who Join Gay–Straight Alliances, Emily Lewsen
Intellectual Property Journal, December, 2019
From Start-Up to Scale-Up Innovation, Giuseppina (Pina) D’Agostino
Conflicted Regulation, the Public Interest and Canadian Patent Agency– Patent Agent Regulation at a Crossroads (Part I), Wissam Aoun
Having Enough: From Sufficiency to Non-Domination in International IP Law, Dr. Johan Rochel
Is the Sky Falling for the Canadian Artificial Intelligence Industry? A Case Study on the Impact of Canadian Copyright Law Reform on the Commercialization of Legal Technology Using Artificial Intelligence Technologies, Cameron McMaster
Canadian Journal of Law and Technology, December, 2019
Hiring Algorithms in the Canadian Private Sector: Examining the Promise of Greater Workplace Equality, Connor Bildfell
Technology, the Changing Nature of Disputes, and the Future of Equitable Principles in Canadian Contract Law, Conrad Flaczyk
Subverting Democracy to Save Democracy: Canada’s Extra-Constitutional Approaches to Battling “Fake News”, Michael Karanicolas
Flying under the Radar: Two Decades of DNA Testing at IRCC, Ida Ngueng Feze, Gabriel Marrocco, Miriam Pinkesz, Jacqueline Lacey, Yann Joly
Privacy Law Issues in Public Blockchains: An Analysis of Blockchain, PIPEDA, the GDPR, and Proposals for Compliance, Noah Walters
Developing a Privacy Code of Practice for Connected and Automated Vehicles, Rajen Akalu
Ethical Hacking by Alana Maurushat (Ottawa: University of Ottawa Press, 2019), Laura Ellyson
Journal of Environmental Law and Practice, December, 2019
Funding Environmental Projects with Regulatory Prosecutions: Transparency and Accountability in Creative Environmental Sentencing, Shaun Fluker, Janice Paskey, Fiona L. Balaton
The Prairie Resilience: Myth or Reality?, Adebayo Majekolagbe
Canadian Public Trust Doctrine at Common Law: Requirements and Effectiveness, Vladislav Mukhomedzyanov
The library has added the following books to its print collection and are now available for loan:
Impaired Driving in Canada The Charter Cases, by Justice Joseph F. Kenkel – 4th ed. KF 2231 .K463 2019 This book offers an examination of relevant Charter issues and cases, touching on everything from roadside investigation, right to counsel and testing at the station/hospital, through to disclosure, trial preparation and Charter procedure at trial. It also includes a chapter on the legal framework for constitutional challenges to the Bill C-46 legislation.
Canadian Contract Law, by Angela Swan, Jakub Adamski, Annie Y. Na – 4th ed. KF 801 .S93 2018 Provides access to leading Canadian contract cases. Expert commentary and analysis focuses on recent developments in the law and on how courts have treated and interpreted contracts as a whole.
Taxation of Business Organizations in Canada, by David G. Duff, Geoffrey Loomer – 2nd ed. KF 6499 .ZA2 .D83 2019 Covering topics from partnership taxation and corporate income taxation, to the taxation of corporate distributions and shareholder benefits and loans, as well as corporate reorganizations, this book is the go-to resource for the most up-to-date case law, commentary and analysis.
Non-Citizens in Canada Status and Rights, by Emily Carasco – 2nd ed. KF 4483 .I5 C37 2019 This timely immigration law guidebook addresses an important legal topic – the legal status of non-citizens in Canada. For the first time, an entire text has been devoted to this increasingly significant area within immigration law and policy.
Torts A Guide for the Perplexed, By G.H.L. Fridman KF 1250 .F853 2017 In this book, Fridman presents an informative background to the law of torts so it can be better understood and appreciated by those who may find themselves somewhat confused as to its true nature and scope.
The Law of Product Warnings and Recalls in Canada, by Douglas Harrison, Alex Colangelo – 2nd ed. KF 3945 .H37 2019 This book will help any Canadian company that manufactures and/or sells a product to understand relevant recall and warning laws, and to employ best practices and risk management strategies to avoid product liability.
The Law of Search & Seizure in Canada, by James A. Fontana, David Keeshan – 1th ed. KF9630 .F6 2019 Much cited by Canadian courts at all levels, this seminal volume clearly lays out the intricate legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents.
Law is a Buyer’s Market: Building a Client-First Law Firm, by Jordan Furlong KF 315 .F87 2017 When clients change their purchasing patterns, law firms need to change their approach. Law Is A Buyer’s Market will help you adapt to the new legal market and lead your firm into the future of law.
The Law of Bailment by Robert Tanha Child Support Guidelines in Canada, 2020 The Death of a Butterfly : Mental Health Court Diaries Researching Legislative Intent : A Practical Guide by Susan Barker and Erica Anderson
Last fall Thomson Reuters migrated their accounting platform to one being used by their other international offices. Since then, customers have been having serious problems ensuring invoices are accurate and they have received what they’ve ordered.
The Vendor Liaison Committee of the Canadian Association of Law Libraries has been meeting with senior management at Thomson Reuters to ensure these concerns are addressed and fixed. If you are not a member of CALL/ACBD and are having difficulties resolving your issues, please contact me at ksawatzky@lawsociety.mb.ca and I will add your concerns to ours.
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 39 Number 1, includes:
From the Law Reports Hope and False Promises Invalidating Wills, by John E. S. Poyser and Krista Clendenning
Barford v. Street: Understanding and Applying the Rule to Collapse a Trust, by Charles Wagner and David Elmaleh
Gully v. Gully: A Cautionary Tale, by Aubrie U. Girou
Articles Missing Participants: Various Approaches But No One Solution, by Andrea Boctor, Bas Dieleman, Kobus Hanekom, and Kevin L. Walsh
After the Will signing: “Alterations” to Valid Wills, by Alison Minard
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide them, subject to copyright regulations.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
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PLEASE NOTE:The Manitoba Law Library will be closed Monday,September 30th, 2024 for the National Day for Truth and Reconciliation. Regular library service will resume Tuesday,October 1st, 2024 at 8:30AM.