Jassmine Girgis

Jassmine  Girgis

Associate Professor

Faculty of Law

Web presence

Phone number

Office: 403.220.7251

Location

Office: MFH 4312

Media Contact:

Ali Abel
Manager, Marketing & Communications
amabel@ucalgary.ca
O: 403.210.8720
C: 403.630.1232

Background

Educational Background

LLM University of Cambridge, 2006

J.D. with distinction University of Western Ontario, 2004

B.A. Political Science, University of Calgary, 2000

Biography

Professor Jassmine Girgis joined the Faculty of Law at the University of Calgary in 2008. Prior to that, she was a member of the Faculty of Law at Western University. Before joining Western, she was awarded the Paul Martin Scholarship, a full scholarship to undertake her graduate work at the University of Cambridge, where she graduated in 2006. Prior to that, she was the Silver Medalist in her graduating year from Western Law (2004) and served as the Law Clerk to the Honourable Mr. Justice J. Edgar Sexton of the Federal Court of Appeal in 2005.

Professor Girgis is a member of the Law Society of Alberta. Prior to that, she was a member of the Law Society of Ontario.

Research Activities

 

Professor Jassmine Girgis researches and writes in the areas of director and officer liability, bankruptcy and restructuring law, and contract law. Her research primarily focuses on corporate restructuring and director and officer liability, and where they intersect. She also writes extensively on corporate rescue and its intersection with law and economics and with the public interest. 

She has received numerous fellowships and grants for her work on director and officer liability and bankruptcy and insolvency. In 2019, she received both the Stikeman Elliott LLP’s Research Fellowship in Corporate Law and a grant from the Foundation for Legal Research for her work on the oppression remedy and fraudulent conveyances. In 2015, she received the Stikeman Elliott LLP Research Fellowship in Corporate Law, for which she undertook research on how to make the legal test for the oppression remedy more workable. In 2012, Jassmine received a grant from the Foundation for Legal Research for her work on the "Assessment of ‘Going Concern Value’ in a Corporate Restructuring." In 2010, Jassmine received the INSOL Scholar Fellowship in 2010 from INSOL International, to represent Canada and the United States, and undertook work on the status of employees as vulnerable creditors in bankruptcies. In 2007, she received a Second Annual Lloyd Houlden Research Fellowship from the Canadian Insolvency Foundation (CIF) to undertake research in the area of director and officer liability to creditors during insolvency.

Professor Girgis has served on the Board of Directors of the Canadian Bar Association (CBA), Alberta Branch, and as the representative for Canada and the United States in Course Committee, INSOL International Certificate in International Insolvency Law. She has served as an elected Outside Director to the Board of the Canadian Association of Insolvency and Restructuring Professionals (CAIRP), as the Academic Member of the editorial review board for the CAIRP publication, Rebuilding Success, and as a Director and Secretary on the Canadian Insolvency Foundation board of directors. She also served as the Book Review Editor for the Canadian Business Law Journal for six years.

Jassmine has been published in the McGill Law Journal, the Canadian Business Law Journal, the Canadian Bar Review, the International Insolvency Review, the Alberta Law Review, the Annual Review of Insolvency Law, and the Banking and Finance Law Review. She has been retained as an expert witness and she has been an academic commentator in Canadian Lawyer and Lawyers Weekly. Jassmine has presented her research across Canada and internationally.

Research

Areas of Research

Director and officer liability, Corporate restructuring law, Corporate law, Bankruptcy law, Contract law

Courses

Course number Course title Semester
LAW 402 LEC 01 01 Contracts 2021-22
LAW 525 LEC 01 01 Bankruptcy & Restructuring Law 2022 W

Awards

  • Silver Medalist, University of Western Ontario. 2004
  • Students Union Teaching Excellence Award for the Faculty of Law, 2010
  • Right Honourable Paul Martin Sr Scholarship for graduate study at University of Cambridge, Canadian Institute for Advanced Legal Studies. 2006
  • Chevening Scholarship, Chevening, British Foreign and Commonwealth Office. 2006

Publications

  • The Fraudulent Misrepresentation and False Pretences Exception to the Bankruptcy Discharge: Balancing the Debtor’s Fresh Start with Confidence in the Credit System. Thomas GW Telfer. Annual Review of Insolvency Law. (2022)
  • Fairness in the Oppression Remedy: When Does Harm Become Unfair?. Annual Review of Insolvency Law. (2021)
  • “An Oppression Remedy v Fraudulent Conveyance Legislation: Which Legislative Scheme Better Protects Creditors from Opportunistic Debtors?”. Jassmine Girgis. in Annual Review of Insolvency Law. (2020)
  • A Generalized Duty of Good Faith in Insolvency Proceedings: Effective or Meaningless?. 64 Canadian Business Law Journal. (2020)
  • “The Oppression Remedy: Clarifying Part II of the BCE Test”. Jassmine Girgis. 96 Canadian Bar Review. (2019)
  • “Corporate Restructuring, the Evolution of Corporate Assets and the Public Interest”. Jassmine Girgis. International Insolvency Review. (2013)
  • “The WEPPA, Purposive Interpretation and Vulnerable Creditors” . INSOL International Technical Paper 21. (2012)
  • "Corporate Reorganization and the Economic Theory of the Firm". Jassmine Girgis. in Janis Sarra, ed., Annual Review of Insolvency Law. (2010)
  • "Tercon Contractors: The Effect of Exclusion Clauses on the Tendering Process" . Jassmine Girgis. 49 Canadian Business Law Journal. (2010)
  • "Corporate Directors' Disqualification: The New Canadian Regime?". Jassmine Girgis. 46 Alberta Law Review. (2009)
  • "Deepening Insolvency in Canada?". Jassmine Girgis. 53 McGill Law Journal. (2008)
  • "Mortgage Fraud, the Land Titles Act and Due Diligence: The Rabi v. Rosu Decision" . Jassmine Girgis. 22 Banking and Finance Law Review. (2007)
  • “The Changing Face of and Innovations in Rescue in Canada and the United States”. Jassmine Girgis. in Research Handbook on Corporate Restructuring. (2021)
  • Cases and Materials on Contracts. S.M. Waddams, J. Girgis, J.D. McCamus, J.W. Neyers, & M.A. Waldron. Edmond Montgomery. (2022)
  • Bankruptcy Law in Canada. T. Telfer, S. Ben-Ishai, J. Girgis. Wall & Emerson, Inc.. (2019)
  • "Deepening Insolvency in Canada?". Jassmine Girgis. Misrepresentation. (2008)
  • Fairness and the Oppression Remedy. National Judicial Institute. (2022)
  • Fairness in the Oppression Remedy: How Does Harm Become Unfair?. Annual Review of Insolvency Law. (2022)
  • Creditors and the Oppression Remedy. National Judicial Institute. (2021)
  • "Good Faith in Insolvency Proceedings". 100 Years of Bankruptcy and Insolvency Law. (2021)
  • “A Generalized Duty of Good Faith in Insolvency Proceedings: Effective or Meaningless?”. Canadian Bar Association, Calgary Insolvency Law Chapter. (2020)
  • “A Generalized Duty of Good Faith in Insolvency Proceedings: Effective or Meaningless?”. 100 Years of Canadian Bankruptcy and Insolvency Law Conference. (2020)
  • “An Oppression Remedy v Fraudulent Conveyance Legislation: Which Legislative Scheme Better Protects Creditors from Opportunistic Debtors?”. Annual Review of Insolvency Law. (2020)
  • “The Oppression Remedy: Developing A Better Framework”. Canadian Bar Association, Business Law Section. (2019)
  • “Developing a Better Framework for Working Through the Oppression Remedy”. Shareholder Remedies for the Legal Education Society of Alberta (LESA). (2019)
  • "The importance of valuing intangible assets in corporate reorganisations". International Association of Restructuring, Insolvency and Bankruptcy Professionals (INSOL) International Academics' Group 17th Colloquium. (2015)
  • "A Framework for Oppression". Canadian Bar Association, Insolvency & Business Law Chapters. (2019)
  • "Director and Officer Liability". Emerging Business Law Scholars. (2018)
  • “Corporate Restructuring, the Evolution of Corporate Assets and the Public Interest”. 41st Annual Commercial and Consumer Law Workshop. (2012)
  • “Liquidating CCAAs and the Public Interest: A Question of Economic Value?”. INSOL Academics Colloquium. (2012)
  • “The WEPPA, Purposive Interpretation and Vulnerable Creditors: Creating Incentives to Trigger the Bankruptcy Process” . Symposium on Insolvency and Financial Literacy, Office of the Superintendent of Bankruptcy. (2011)
  • “Corporate Reorganization and the Economic Theory of the Firm” . INSOL Europe Academic Forum. (2010)
  • "Deepening Insolvency in Canada?". Canadian Law and Economics Association (CLEA). (2009)
  • "Directors Disqualification Act". 38th Annual Commercial and Consumer Law Workshop. (2008)
  • "Deepening Insolvency in Canada?". Canadian Insolvency Foundation, talks across Canada. (2008)
  • A Cross-Jurisdictional Comparison of the Use of Commercial Litigation Funding in Insolvency - Canadian portion of report. Sulette Lombard, Christopher F Symes, Peter Walton, Annika Wolf, Irene L Fannon, Lynne Taylor, Michael Veder, Luuk Stoltenborgh, Aurelio Gurrea-Martinez, Andre Boraine, Jani van Wyk, Paul B Lewis. INSOL International. (2022)
  • The Evolution of Corporate Rescue in Canada and the United States. Akshaya Kamalnath. The Creditors Bargain Podcast. (2021)
  • "The Evolution of Corporate Rescue in Canada and the United States". Harvard Law School Bankruptcy Roundtable. (2021)
  • "Corporate Rescue in Canada and the United States". Oxford Business Law Blog. (2021)
  • "A Generalized Duty of Good Faith Applied to Disclaimer Under the CCAA". Insolvency Insider. (2021)
  • "The Changing Face of and Innovations in Corporate Rescue in Canada and the United States. Insolvency Insider. (2021)
  • “The Oppression Remedy: Clarifying Part II of the BCE Test” . University of Toronto, Canadian Business Law Blog. (2018)
  • “Bidders Do Not Owe Duties of Fairness and Honesty to Other Bidders in Tendering Competitions”. Canadian College of Construction Lawyers’ Legal Update. (2019)

In the News

  • Asher Place: limited partners and derivative actions. The Lawyer's Daily. (2021)
  • “Oppression Remedy: The two-step BCE Test explained” Part I. Lawyers Daily. (2019)
  • “Oppression Remedy: The two-step BCE Test explained” Part II. Lawyers Daily. (2019)
  • Hall v Stewart: director tort liability and worker's compensation. Lawyer's Daily.
  • Precision Drilling v Yangarra: duty of good faith in contracts. Lawyer's Daily.
  • CCAA v BIA, re Target Corp. Canadian Lawyer.