An introduction to the principles of securities regulation in Canada and an examination in some detail of The Securities Act 1988 (Saskatchewan) the National Uniform Act and Local Policies, and General Rulings and Orders. Examines the definitions of key concepts such as "security", "trade", "distribution", "full true and plain disclosure", and "material fact". A historical perspective will provide the starting point, and the basic scheme of the regulatory system will be covered, including registration and prospectus requirements, continuous disclosure, insider trading and reporting, take-over bids, and minority shareholder rights. Special emphasis will be given to the exemptions available for financing activities prior to or instead of a public offering.
Addresses a variety of issues pertinent to such interjurisdictional transactions of sale. The substantive law contained in the United Nations Convention on Contracts for the International Sale of Goods is considered in the context of the sale of goods produced principally in Western Canada.
Techniques for the financing of sales will be examined including factoring, forfaiting and leasing. International legal instruments such as the Ottawa Conventions on Factoring and International Financial Leasing and the proposed Uncitral Convention on Assignments in Receivable Financing will be considered. Methods of payment such as letters of credit and international electronic payment systems will be considered. Since security plays an important role in international contracts of sale, security mechanisms such as standby letters of credit and export credit insurance along with international instruments such as the proposed Unidroit Convention on International Interests in Mobile Equipment will be brought into the picture. Dispute settlement through international arbitration is a common feature of modern interjurisdictional contracting. Consequently, domestic and international arbitration legislation and procedures will be examined.
Students are given the opportunity to examine in depth The Saskatchewan Personal Security Act primarily as it functions in the context of business financing transactions. Special problems that arise in the context of the use of broadly-based security agreements and future advance financing are examined. The priority structure and registry system of the Act are studied in detail in the light of the types of issues that are generally encountered in business financing transactions. Post-default rights and remedies, including the appointment of receivers are examined. A portion of the course time is devoted to a brief examination of the secured financing system provided to chartered banks in the Bank Act. Approaches to the resolution of priority issues where the two systems overlap or conflict one with the other are considered.
Designed to familiarize students with the central aspects of the system through which money judgments are enforced. The various methods of judgment enforcement are examined including execution against goods, intangibles and interests in land; exemptions from execution; equitable execution; charging order and garnishment. In addition, features of the system that are incidental or peripheral to the enforcement of judgments are examined including distribution under The Creditors Relief Act, interlocutory injunctions, pre-judgment garnishment, fraudulent conveyance and fraudulent preference actions, enforcement of foreign judgments and proceedings under The Bulk Sales Act. The central features of the Bankruptcy and Insolvency Act are examined.
The focus of the seminar is on substantive criminal law with an emphasis on a critical analysis of criminal liability and criminal responsibility. Topics to be studied include acts, agency, choice, voluntariness, causation, consent, mens rea and fault, the use of objective and subjective tests in criminal law, and the empirical basis and ethical and political justifications for the defences of automatism, drunkenness, provocation, duress, necessity, and self-defence. The challenges that social and cultural diversity pose for the principled development of substantive criminal law will be considered throughout.
This interdisciplinary seminar explores legal culture within the larger cultural contexts that it shapes and is shaped by. In studying the ways in which law and cultures intersect in history, theory, and practice, students will enhance their critical understanding of the independence and interdependence of law and justice; the value of cultural theory in reading legal texts; the challenges and opportunities of inter-cultural perspectives; the role of media images of the law and lawyers; issues of race, gender, class, commodification, and sexuality; the construction of public and private spheres; censorship and intellectual property; agency and accountability; cultural myths and narrative powers.
Designed to give participants an opportunity to examine in greater scope and detail the system and basic concepts of bankruptcy and insolvency law and the equitable law of receiverships.
This seminar offers theoretical understandings and skills development in negotiations involving multiple parties seeking to revise their institutional, i.e. legal and policy – relationships. Such negotiations include international multi-lateral negotiations, domestic constitutional negotiations, or any large scale negotiations involving multiple stakeholders with political, economic, cultural and legal relationships with one another. Such negotiations often take place in the context of long-standing social conflict. Beginning January 2004, the seminar may be delivered in a distributed learning format involving on-line learning, multi-media interaction, and students at other law schools. Evaluation in the seminar is based on a participation in a negotiation and simulation and a 35-page analytic paper.
The general nature of intellectual and industrial property rights and the present legal framework in Canada for the protection and exploitation of such rights. Traditional and emerging categories and their theoretical underpinnings. The substantive law of patents and copyright will be examined. An examination of the developments and problems caused by new technologies and the demands made on the law by a post-industrial, information society.
Consideration of areas of tort liability not covered in LAW 212, and an examination of underlying theoretical concepts in tort law. Topics normally include: negligent misrepresentations; negligently caused economic loss; the relationship between tort and contract; constitutional torts and human rights claims in torts; the business torts and the tort of nuisance.