Volume 16, No. 1 - December 2011
   Volume 16, No. 1 - December 2011
   Volume 15, No. 1 - April/Avril 2011
   Volume 14, No. 2 - July/Juillet 2010
   Volume 14, No. 1 - December/Décembre 2009
   Volume 13, No. 2 - March/Mars 2009
   Volume 13, No. 1 - October/Octobre 2008


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Volume 16, No. 1
December 2011
International Law Section
Section du droit international

Upcoming
Program(s)
Program Materials Section
Executive
 

A Deeper Dive into Canada’s First Significant Foreign Bribery Case: Niko Resources
 

By John W. Boscariol

The guilty plea of Calgary-based Niko Resources Ltd. (Niko) represents the most significant development in Canada’s efforts to fight foreign bribery since the 1999 implementation of Canada’s Corruption of Foreign Public Officials Act (CFPOA).

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The Internet as Property: The Implications of Tucows.com Co. v. Lojas Renner S.A., and SOPA

By Antonin Pribetic

Emir Aly Crowne (né Mohammed) (University of Windsor – Faculty of Law) has posted a case comment on the recent Ontario Court of Appeal decision in Tucows.Com Co. v. Lojas Renner S.A., 2011 ONCA 548 entitled “Greener Pastures for Tucows” (via SSRN), Journal of Intellectual Property Law & Practice (Oxford), October 12, 2011.  

Professor Crowne argues that it is debatable that domain names can or should be considered property.  I find this argument intriguing; particularly, since domain names are a form of intangibles that may be part of a bundle of rights that are enforceable, either in personam or in rem, depending on the characteristics of the intellectual property itself.

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Canada’s Foreign Investment Controls: Has the telecom sector become an open market?
 

By Pantea Jafari

Readers might be interested in a recent decision by the Federal Court of Appeal in Canada where a service provider in the telecom sector, Globalive Wireless Management Corp (“Globalive”), was deemed to be a Canadian-owned and controlled entity despite significant influence from a foreign investor.
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All This Over Socks!
Comments on Cassidy’s Transfer & Storage Limited v. 144736 Ontario Inc.

By Warren Ragoonanan

Doing business internationally carries legal risk.  Buyers have to be aware of obscure local laws, conflicting judicial interpretations and less-than-trustworthy partners. And even experienced buyers can find themselves in unexpected situations.  Look what happened to Canada’s Department of Defence in Cassidy’s Transfer & Storage Limited v. 144736 Ontario Inc., 2011 ONSC 2871.

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Unpaid Internship Opportunities Sought for International Graduate Students
 

By Kate Wylde, Osgoode Professional Development

Osgoode Hall Law School is currently seeking lawyers, law firms, and corporate and government legal departments to provide 2 month unpaid summer internships for international students from its LLM in International Business Law.

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2012 International Law Section Executive
 

Kevin A. Johnson - Chair
Lette Whittaker LLP

John W. Boscariol - Past Chair
McCarthy Tétrault LLP

Antonin I. Pribetic - Vice Chair
Steinberg Morton Hope & Israel LLP

Martha Harrison - Secretary
Heenan Blaikie LLP

Eduarda Matos - Newsletter Editor
The Canadian Depository for Securities Limited

Aaron Ogletree - Public Affairs Liaison

Warren Ragoonanan - Technology Liaison
Gardiner Miller Arnold LLP

Reuben East
Department of Foreign Affairs & Int'l Trade

Heather Innes
General Motors of Canada Ltd.

Charlotte Janssen
Janssen Law Professional Corporation

Gregory Kanargelidis
Blake, Cassels & Graydon LLP

Dunniela Kaufman
Fraser Milner Casgrain LLP

Geoffrey C. Kubrick
McMillan LLP

Vivene Salmon
Mutual Fund Dealers Association of Canada

Clifford Sosnow
Blake, Cassels & Graydon LLP

Elo Tulving-Blais
Tulving-Blais International & Tech Law

 

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Recent Programs

Milan Seres

Common Ethics and Practice Management Issues Faced by International and Cross-Border Business Practitioners


The Ontario Bar Association’s International Law Section presented a thought-provoking seminar on December 7, 2011.  Organized and chaired by Elo Tulving-Blais (Tulving-Blais International and Tech Law), speakers James Klotz (Miller Thompson LLP), Duncan Gosnell (LawPRO), and Dan Pinnington (LawPRO) focused on seven common issues faced daily by international and cross-border business practitioners.

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About this Newsletter
 
Editor:
Eduarda Matos
OBA Editor:
newsletters@oba.org
The Globetrotter is published by the International Law Section of the Ontario Bar Association. Members are encouraged to submit articles. The articles that appear in this publication represent the opinions of the authors. They do not represent or embody any official position of, or statement by, the OBA except where this may be specifically indicated; nor do they attempt to set forth definitive practice standards or to provide legal advice. Precedents and other material contained herein are intended to be used thoughtfully, as nothing in the work relieves readers of their responsibility to consider it in the light of their own professional skill and judgment.