Jassmine Girgis

Jassmine Girgis

Positions

Associate Professor

Faculty of Law

Contact information

Web presence

Phone number

Office: 403.220.7251

Location

Office: MFH 4312

Background

Educational Background

LLM University of Cambridge, 2006

J.D. (Silver Medalist) 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.

Professor Girgis graduated in 2004 from Western Law as the Silver Medalist, then went on to serve as the Law Clerk to the Honourable Mr. Justice J. Edgar Sexton of the Federal Court of Appeal in 2005. She was awarded the Paul Martin Scholarship to undertake her graduate work at the University of Cambridge, where she graduated in 2006. She went on to join the Faculty of Law at Western University, where she remained until she joined the University of Calgary. 

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 407 LEC 03 Foundations in Law and Justice I Sept 2023
LAW 402 LEC 02 Contract Law 2023-24
LAW 525 LEC 01 Bankruptcy & Restructuring Law 2024 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 Boundaries of Redwater: How Far Does the ‘Protective Umbrella’ of Redwater Extend for Environmental Reclamation Obligations?. Jassmine Girgis & Robyn Gurofsky. Annual Review of Insolvency Law. (2023)
  • Do Securities’ Commissions’ Debts Survive a Bankruptcy Discharge? An Analysis of Poonian v British Columbia (Securities Commission) (BCCA). Jassmine Girgis & Thomas G.W. Telfer. Canadian Business Law Journal. (2023)
  • The Fraudulent Misrepresentation and False Pretences Exception to the Bankruptcy Discharge: Balancing the Debtor’s Fresh Start with Confidence in the Credit System. Jassmine Girgis & Thomas GW Telfer. Annual Review of Insolvency Law. (2022)
  • Fairness in the Oppression Remedy: When Does Harm Become Unfair?. Jassmine Girgis. Annual Review of Insolvency Law. (2021)
  • “An Oppression Remedy v Fraudulent Conveyance Legislation: Which Legislative Scheme Better Protects Creditors from Opportunistic Debtors?”. Jassmine Girgis. Annual Review of Insolvency Law. (2020)
  • A Generalized Duty of Good Faith in Insolvency Proceedings: Effective or Meaningless?. Jassmine Girgis. 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” . Jassmine Girgis. 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)
  • Cases and Materials on Contracts, 7th ed. S.M. Waddams, J. Girgis, J.D. McCamus, J.W. Neyers, & M.A. Waldron. Edmond Montgomery. (2023)
  • “The Changing Face of and Innovations in Rescue in Canada and the United States”. Jassmine Girgis. Research Handbook on Corporate Restructuring. (2021)
  • Bankruptcy Law in Canada. T. Telfer, S. Ben-Ishai, J. Girgis. Wall & Emerson, Inc.. (2019)
  • Cases and Materials on Contracts, 6th ed. S.M. Waddams, J. Girgis, J.D. McCamus, J.W. Neyers, & B. MacDougall. Emond Montgomery. (2018)
  • "Deepening Insolvency in Canada?". Jassmine Girgis. Misrepresentation. (2008)
  • Cases and Materials on Contracts, 5th ed. S.M. Waddams, J. Girgis, J.D. McCamus, J.W. Neyers, & B. MacDougall. Emond Montgomery. (2014)
  • Cases and Materials on Contracts, 4th ed. S.M. Waddams, J. Girgis, J.D. McCamus, J.W. Neyers, & M. Waldron. Emond Montgomery. (2010)
  • Contractual Good Faith. Jassmine Girgis. National Judicial Institute. (2023)
  • The Oppression Remedy. Jassmine Girgis. National Judicial Institute. (2023)
  • Fines, Penalties, Restitution Orders - is it Survival or Fresh Start?. Annual Review of Insolvency Law. (2023)
  • Fairness and the Oppression Remedy. Jassmine Girgis. National Judicial Institute. (2022)
  • Fairness in the Oppression Remedy: How Does Harm Become Unfair?. Jassmine Girgis. Annual Review of Insolvency Law. (2022)
  • Creditors and the Oppression Remedy. Jassmine Girgis. National Judicial Institute. (2021)
  • "Good Faith in Insolvency Proceedings". Jassmine Girgis. 100 Years of Bankruptcy and Insolvency Law. (2021)
  • “A Generalized Duty of Good Faith in Insolvency Proceedings: Effective or Meaningless?”. Jassmine Girgis. Canadian Bar Association, Calgary Insolvency Law Chapter. (2020)
  • “A Generalized Duty of Good Faith in Insolvency Proceedings: Effective or Meaningless?”. Jassmine Girgis. 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?”. Jassmine Girgis. 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". Jassmine Girgis. International Association of Restructuring, Insolvency and Bankruptcy Professionals (INSOL) International Academics' Group 17th Colloquium. (2015)
  • "A Framework for Oppression". Jassmine Girgis. Canadian Bar Association, Insolvency & Business Law Chapters. (2019)
  • "Director and Officer Liability". Jassmine Girgis. Emerging Business Law Scholars. (2018)
  • “Corporate Restructuring, the Evolution of Corporate Assets and the Public Interest”. Jassmine Girgis. 41st Annual Commercial and Consumer Law Workshop. (2012)
  • “Liquidating CCAAs and the Public Interest: A Question of Economic Value?”. Jassmine Girgis. INSOL Academics Colloquium. (2012)
  • “The WEPPA, Purposive Interpretation and Vulnerable Creditors: Creating Incentives to Trigger the Bankruptcy Process” . Jassmine Girgis. 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?". Jassmine Girgis. Canadian Law and Economics Association (CLEA). (2009)
  • "Directors Disqualification Act". Jassmine Girgis. 38th Annual Commercial and Consumer Law Workshop. (2008)
  • "Deepening Insolvency in Canada?". Jassmine Girgis. Canadian Insolvency Foundation, talks across Canada. (2008)
  • What Are ‘Unrelated Assets’ When It Comes to Environmental Reclamation Obligations? The Lending Industry Needs to Know. Jassmine Girgis. Insolvency Insider. (2023)
  • Podcast: Fines, Penalties, Restitution Orders - is it Survival or Fresh Start?. Jassmine Girgis. Annual Review of Insolvency Law . (2023)
  • 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". Jassmine Girgis. Harvard Law School Bankruptcy Roundtable. (2021)
  • "Corporate Rescue in Canada and the United States". Jassmine Girgis. Oxford Business Law Blog. (2021)
  • "A Generalized Duty of Good Faith Applied to Disclaimer Under the CCAA". Jassmine Girgis. Insolvency Insider. (2021)
  • "The Changing Face of and Innovations in Corporate Rescue in Canada and the United States. Jassmine Girgis. Insolvency Insider. (2021)
  • “Bidders Do Not Owe Duties of Fairness and Honesty to Other Bidders in Tendering Competitions”. Canadian College of Construction Lawyers’ Legal Update. (2019)
  • “The Oppression Remedy: Clarifying Part II of the BCE Test” . Jassmine Girgis. University of Toronto, Canadian Business Law Blog. (2018)

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.