October 14 & 15, 2011

Please note: The papers have been included here in unedited form for the purposes of the Annual Workshop only. All papers will be removed from the website on October 21, 2011.

Friday, October 14

1:00pm: Judicial and Other Responses to the Federal Securities Draft Legislation References

  • Anita I. Anand and Andrew J. Green - Side-Payments, Opt-ins and Power: Creating a National Securities Regulator in Canada
  • Thomas J. Courchene - The Economic Integration Continuum and the Canadian Securities Industry: In Praise of the Status Quo
  • Eric Spink - Securities Regulation as Property Law
  • Eric Spink - Report in reply to the reports of Michael J. Trebilcock dated May 20 and August 23, 2010
  • Eric Spink - Report in reply to the Affidavit of Ian C.W. Russell sworn October 28, 2010

2:35pm: Financial Literacy for Consumers and Reactions to the Federal Task Force's Report

  • Saul Schwartz - The Canadian Task Force on Financial Literacy: Consulting Without Listening  
  • Jacob Ziegel - Financial Literacy and Insolvent Customers: It Takes Two to Tango  
  • John Pottow - Financial Literacy or Financial Castigation?  
  • Mary Anne Waldron - Unanswered Questions about Canada's Financial Literacy Strategy: A comment on the Report of the Federal Task Force

3:50pm: When Should Courts Fill Gaps in Commercial Contracts? Reactions to Lord Hoffmann's Judgment in Belize Telecom Ltd.

  • Brandon Kain - The Implications of Contractual Terms in the New Millennium
  • Angela Swan - When Should Courts Fill Gaps in Commercial Contracts? Reactions to Lord Hoffmann's Judgment in Belize Telecom Ltd.  
  • Sébastian Grammond - Implied Obligations from a Comparative Perspective

5:10pm: The Role of Academic Writings in Appellate Judgments

  • Justice Sharpe & Vincent-Joel Proulx - The Use of Academic Writing in Appellate Judicial Decision-Making*

Saturday, October 15

9:00am: Legal Problems of Canada's Elder Citizens: Panel Discussion

  • Doug Surtees - How Goes the Battle? An Exploration of Guardianship Reform in Saskatchewan
  • David Freedman - The Fiduciary Principle at the Intersection of Public and Private Law: Implications for 'Elder Law'  
  • Judith Wahl - Advocating for the Older Client: The ACE (Advocacy Centre for the Elderly) Experience

10:45am: Recent Canadian Class Action Developments

  • Hon. Maurice Cullity - Certification in Class Proceedings - The Curious Requirement of "Some Basis in Fact"
  • Shelley McGill - Consumer Arbitration After Seidel v Telus

1:15pm: Is the Canada-US Free Trade Agreement Binding on the Provinces? Lessons from the Abitibi Bowater Inc. Concession Cancellation

  • H. Scott Fairley - Internal Accountability for Violations of Canada's Internal Obligations Arising from Non-Conforming Provincial Measures: Lessons from Abitibi

2:35pm: Commercial Relationships with Aboriginal Communities: The Need for New Dispute Resolution Mechanisms

  • Douglas Sanderson - Commercial Law and Indigenous Sovereignty

3:40pm: Modernization of Provincial Fraudulent Conveyancing Law

  • Tamara Buckwold - Reforming the Law of Fraudulent Conveyances and Fraudulent Preferences 

* Note: This paper is available in vol. 50 of the Can. Bus. L.J.