Law Times

PAGE 4 NEWS November 10, 2008 • Law Times Law school profs strike BY JEFFREY WAUGH Law Times A t press time for this issue of Law Times, the vote by members of CUPE Local 3903 at York University has left approximately 900 Os- goode Hall law students without classes to attend. In the late evening of Nov. 5, around 1,000 members attending the special consultative bargaining meeting voted to reject the uni- versity's offer to increase wages by 9.25% over a three-year period. Late last week, the university was operating pursuant to the short-term interruption section of its disruption policy, mean- ing that no remedial steps were taken apart from extending the To advertise in an upcoming issue, contact our sales team: Karen Lorimer 905-713-4339 klorimer@clbmedia.ca Kimberlee Pascoe 905-713-4342 kpascoe@clbmedia.ca Rose Noonan 905-726-5444 rnoonan@clbmedia.ca Introducing ... The highly anticipated successor to the renowned and often cited Crawford & Falconbridge on Banking and Bills of Exchange, Eighth Edition (1986) and Payment, Clearing and Settlement in Canada (2002) The Law of Banking and Payment in Canada Bradley Crawford, Q.C. "An excellent overview of payment, clearing and settlement law in Canada that brings clarity to an often complex area of law. A must have authority if working in this area." Penny-Lynn McPherson General Counsel & Corporate Secretary, Canadian Payments Association This comprehensive treatise addresses the regulatory policies, the key institutions, the specialized and general-purpose payment systems and the decisions of the courts of Canada on the issues they raise. This work supplements and brings up to date the author's previous work on these topics. It includes entirely new chapters on: • the law of payment including the permissible forms of payment, the principles of the law of payment, currency of payment, appropriation of payments, compelling payment, cost of late payment, penalties and proof of payment • the law of money including consideration of the many forms of value that qualify as "money", the legal characteristics of money, fungibility and the exceptions; tracing at common law, equity and under statute; foreign exchange controls, economic sanctions, counterfeit money and money laundering • the business of banking , constitutional law issues surrounding banking activities, provincial control of banks' activities, meaning of "bank" in various contexts; "banking" by non-banks the banker/customer relationship • , formation and termination, terms, online banking, duties and standards of care and confidentiality, mandatory statutory disclosures, deposits, administration of accounts, special fiduciary obligations, banks' unique rights and remedies • payment under options and derivatives contracts , the rules and operations of Canadian Derivatives Clearing Corporation, risk assessment in derivatives markets The looseleaf format of this treatise ensures the information remains current as banking law evolves. Turn to the leading authority on the legal issues surrounding Canadian payment instruments and systems. Order your copy of The Law of Banking and Payment in Canada today! Looseleaf & binders (3) • $445 • November 2008 Supplements invoiced separately (1/yr) • P/C 0197030000 • ISSN 1918-4247 For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. • Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. LT2010 www.lawtimesnews.com Crawford_Banking_LT 1-2x4.indd 1 11/5/08 2:32:23 PM LT1110 drop-date deadline for fall course enrolments. After seven days of interrup- tion to classes, the policy dictates that certain steps are to be taken in conjunction with the guiding principles set out by the university — academic integrity, fairness to students, and timely information. If the strike continues, it is possible for the fall term to be pushed into the holiday break. The policy also provides for the denial of credit for courses in the name of academic integrity should the strike last for an ex- tended period of time, leaving law students who have already secured summer or articling posi- tions in a diffi cult situation. Students looking to make the most of the downtime in classes are still able to access the law school facilities. Even though classes were cancelled, all aca- demic departments, libraries, and administrative departments have remained open. Degree credit activities at Os- goode's downtown location, which houses their part-time LLM pro- gram, are not affected by the strike. The union represents 3,408 members, consisting of 1,760 teaching assistants, 870 contract faculty members, and 778 grad- uate assistants. The strike has affected 50,000 students at York University, the third-largest post-secondary in- stitution in the country. The most recent strike at York University was in 2001. It lasted 11 weeks. LT Advice: spend time in airports Continued from page 1 She adds that Gowlings' deal with CCPIT will provide the kind of exposure it needs to get work from Chinese companies. "For major deals, the Chinese businesses in fact are quite sophisticated in the selection of lawyers," says Ho. "There's the usual beauty contest, but this would help at least get an entry ticket to the competition." One fi rm that has been ex- ploiting Canada's advantage in China for 10 years now is Blake Cassels & Graydon LLP, which has offi ces in Beijing and Shang- hai and is the only Canadian law fi rm with a permanent offi ce in the country. Rob Granatstein, Blakes na- tional managing partner and China practice group member, says lots of major Canadian fi rms are highly involved in the Chinese market. But he says Blakes thinks it's vital to have a physical presence there. "We happen to believe that there is no substitute to having a working offi ce on the ground, and we happen to believe that 10 years of doing work for Canadian busi- nesses in China and Chinese busi- nesses investing in Canada, with a dedicated team both in China and in Canada, is a real winner in terms of a strategy. But that doesn't mean it's the only strategy." Granatstein says that with an increasing amount of the fi rm's work coming from global markets, "China is one piece of a strategy that has us paying close attention to possibilities for generating revenue outside of Canada's borders." Cauchon says Canadian law- yers need to be willing to spend time in airports if they want to break into the Chinese market. "You have to make yourself known to people in China, you have to make a demonstration that you're interested in the work, and after that it's about relationships. So you have to come back here often to develop your network," he says. It's clear from comments made by a CCPIT offi cial in Gowlings' announcement of the deal that fi rms looking to grow have an ea- ger partner. "With more and more Chinese companies going abroad to expand their business, the de- mands for the foreign-related legal services are increasing sharply," said Zhang Shun, director CCPIT's legal counsel offi ce. "The expertise of of Gowlings professionals is adapted to our reality and provides the fl exibility required to support Chinese com- panies as they grow. We are pleased with this agreement and hope it will bear fruit for both the Chinese and Canadian business communities." LT

• Cover
• Fatboys Running
• Avoiding Equalization
• Focus On Family Law