Jassmine Girgis

Associate Professor

Faculty of Law


Contact information

Phone

Office: 403.220.7251

Web presence

ABlawg

Twitter

Location

Office : MFH 4312

Courses

Law 402: Contracts
Law 525: Bankruptcy and Restructuring Law
Law 535: Secured Transactions


Research and teaching

Research areas

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

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.

Jassmine is currently serving on the Board of Directors of the Canadian Bar Association (CBA), Alberta Branch. She is also serving 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.


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.

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


Publications

Selected Articles 

  • J. Girgis, “The Changing Face of and Innovations in Rescue in Canada and the United States” in Research Handbook on Corporate Restructuring (forthcoming, Elgar Publishing, 2020)
  • J. Girgis, “An Oppression Remedy v Fraudulent Conveyance Legislation: Which Legislative Scheme Better Protects Creditors from Opportunistic Debtors?” in Annual Review of Insolvency Law (Canada: Thomson Carswell, 2020) at 45.
  • J. Girgis, “The Oppression Remedy: Clarifying Part II of the BCE Test” (2019) 96 Canadian Bar Review 484.
  • J. Girgis, “Corporate Restructuring, the Evolution of Corporate Assets and the Public Interest” (International Insolvency Review, January 2013).
  • J. Girgis, “The WEPPA, Purposive Interpretation and Vulnerable Creditors” (INSOL International Technical Paper 21).
  • J. Girgis, "Corporate Reorganization and the Economic Theory of the Firm" in Janis Sarra, ed., Annual Review of Insolvency Law (Canada: Thomson Carswell, 2010) at 267.
  • J. Girgis, "Tercon Contractors: The Effect of Exclusion Clauses on the Tendering Process" (2010) 49 Canadian Business Law Journal 187.
  • J. Girgis, "Corporate Directors' Disqualification: The New Canadian Regime?" (2009) 46 Alberta Law Review 677. (Cited in Industry Canada's discussion paper "Statutory Review of the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act" (May 2014, footnote 111).
  • J. Girgis, "Deepening Insolvency in Canada?" (2008) 53 McGill Law Journal 167.
  • J. Girgis, "Mortgage Fraud, the Land Titles Act and Due Diligence: The Rabi v. Rosu Decision" (2007) 22 Banking and Finance Law Review 419.

Selected Book Chapters

  • T. Telfer, S. Ben-Ishai, Bankruptcy Law in Canada (forthcoming, Wall & Emerson, Inc., 2019).
  • S.M. Waddams, J. Girgis, J.D. McCamus, J.W. Neyers, & M.A. Waldron, Cases and Materials on Contracts (Toronto: Edmond Montgomery 2010, 2014 & 2018).
  • J. Girgis, "Deepening Insolvency in Canada?" in Misrepresentation (India: Amicus Books, 2008).

Selected Other Writings

  • “Bidders Do Not Owe Duties of Fairness to Other Bidders in Tendering Competitions” in Canadian College of Construction Lawyers’ Legal Update newsletter (forthcoming, 2019)
  • “The Oppression Remedy: Clarifying Part II of the BCE Test” in Lawyers Daily (January 2019).
  • "Corporate Directors' Disqualification: The New Canadian Regime?" in "Rebuilding Success" for the Canadian Association of Insolvency and Restructuring Professionals (March 2010).
  • "Deepening Insolvency in Canada" in "Rebuilding Success" for the Canadian Association of Insolvency and Restructuring Professionals (March 2009).

Selected Conference Presentations & Invited Lectures

  • May 2020 - “Director and Officer Civil Liability” in the National Judicial Law Institute seminar on Civil Liability in Calgary
  • May 2020 - “A Generalized Duty of Good Faith in Insolvency Proceedings: Effective or Meaningless?” in 100 Years of Canadian Bankruptcy and Insolvency Law Conference in London, ON
  • February 2020 – “An Oppression Remedy v Fraudulent Conveyance Legislation: Which Legislative Scheme Better Protects Creditors from Opportunistic Debtors?” presented at the Annual Review of Insolvency Law in Vancouver
  • October 2019 – ““Developing a Better Framework for Working Through the Oppression Remedy”, presented in panel on Shareholder Remedies for the Legal Education Society of Alberta (LESA), in Calgary and Edmonton
  • February 2019 - “The Oppression Remedy: Developing A Better Framework” presented at the Canadian Bar Association, Business Law Section
  • October 2018 - Commentator on director and officer liability in Emerging Business Law Scholars, Dalhousie University
  • March 2015 - "The importance of valuing intangible assets in corporate reorganisations" presented at the International Association of Restructuring, Insolvency and Bankruptcy Professionals (INSOL) International Academics' Group 17th Colloquium, San Francisco
  • October 2012 - "Corporate Restructuring, the Evolution of Corporate Assets and the Public Interest" presentation for the 42nd Annual Workshop on Commercial and Consumer Law, Halifax
  • June 2011 - "The WEPPA, Purposive Interpretation and Vulnerable Creditors: Creating Incentives to Trigger the Bankruptcy Process" presentation for the Symposium on Insolvency and Financial Literacy held by the Office of the Superintendent in Bankruptcy in Ottawa
  • March 2011 - “Corporate Reorganization and the Economic Theory of the Firm” presentation for INSOL Academics Colloquium in Singapore
  • October 2010 - “Corporate Reorganization and the Economic Theory of the Firm” presentation for INSOL Europe Academic Forum in Vienna, Austria
  • October 2009 - “Directors Disqualification Act” presentation for the 2009 Canadian Law and Economics Association (CLEA) in Toronto
  • October 2008 - “Deepening Insolvency in Canada” keynote speaker in talks across Canada for the Canadian Insolvency Foundation in Montreal, Toronto, Calgary

Awards

Jassmine received a Student Union Teaching Excellence Honourable Mention in 2009/2010.