40 th Annual Workshop on Commercial and Consumer Law
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1 40 th Annual Workshop on Commercial and Consumer Law LOOKING BACK AND FORWARDS Friday and Saturday, October 15 & 16, 2010 PROGRAMME Convenor: Jacob Ziegel Conference Facilities Munk Centre University of Toronto Sponsored by the Canadian Business Law Journal, the Osgoode Hall Law School, and the Faculties of Law of the Universities of Alberta, British Columbia, Calgary, Dalhousie, McGill, Saskatchewan, Toronto, Victoria, Western Ontario and Windsor, the Desautels Centre for Private Enterprise and the Law at the University of Manitoba, la Chaire en gouvernance et droit des affaires, Université de Montréal, and the MBA Programme of Sir Wilfrid Laurier University.
2 2 Thursday Evening, October 14 7:00-8:00pm Informal Reception for Out of Town Participants Faculty of Law Lounge, Flavelle House, 78 Queen s Park Sponsored by Blake, Cassels & Graydon LLP 8:15 am Continental Breakfast Friday Morning, October 15 9:00 Dean Mayo Moran and Jacob Ziegel, Welcoming Remarks 9:10 Federal Securities Regulation and the Future of the Trade and Commerce Clause Hon. Hal Jackman Toronto Neil Finkelstein McCarthy Tétrault LLP Jeremy Fraiberg Osler, Hoskin & Harcourt LLP J.-F. Gaudreault-Desbiens Université de Montréal Ian Lee University of Toronto Hon. F.L. Morton Minister of Finance, Alberta 10:30 Intermission 10:45 The Current Status of Good Faith and Unconscionability Doctrines in the Common Law Provinces and the Québec Civil Code Mahmud Jamal Osler, Hoskin & Harcourt LLP Dean Sébastien Grammond University of Ottawa Geoff Hall McCarthy Tétrault LLP John Pottow University of Michigan Angela Swan Aird & Berlis LLP Stephen M. Waddams University of Toronto
3 3 12:15 pm Buffet luncheon Friday Afternoon, October 15 1:15 Insolvency Impact of Financial Crisis, : Canadian and Comparative Perspectives (a) CCAA Developments David E. Baird, Q.C. Fasken Martineau DuMoulin LLP Janis Sarra University of British Columbia Jay Westbrook University of Texas at Austin (b) Consumer Insolvencies James Callon Superintendent of Bankruptcy, Ottawa Stephanie Ben-Ishai Osgoode Hall Iain Ramsay University of Kent Saul Schwartz Carleton University Tom Telfer University of Western Ontario 2:45 Intermission 2:55 PPSA Developments at Home and Abroad John Cameron Torys LLP Ron Cuming University of Saskatchewan Tony Duggan University of Toronto Sir Roy Goode St. John s College, Oxford University John Stumbles University of Sydney, Australia Catherine Walsh McGill University Rod Wood University of Alberta 4:25 Intermission
4 4 4:35 Federal and Provincial Corporate and Financial Law Developments, Robert Yalden Osler, Hoskin & Harcourt LLP, Montréal Wayne Gray McMillan LLP Chris Nicholls University of Western Ontario Stéphane Rousseau Université de Montréal 6:00 Adjournment 6:30 for 7:15 Reception and Annual Workshop Dinner Great Hall, Hart House, University of Toronto 8:15 am Continental Breakfast Saturday Morning, October 16 9:00 Who should Protect the Consumer, and How? Dean Lorne Sossin Osgoode Hall Shelley Ann McGill Wilfrid Laurier University Iain Ramsay University of Kent Mary Anne Waldron, Q.C. University of Victoria Jacob Ziegel University of Toronto 10:00 Intermission 10:10 Class Action Challenges in Canada and Abroad Hon. Frank Iacobucci Torys LLP Ward Branch Branch MacMaster LLP, Vancouver Jasminka Kalajdzic University of Windsor Paul Morrison McCarthy Tétrault LLP Rachael Mulheron Queen Mary University of London 11:40 Intermission
5 5 11:50 Current Jurisdictional and Recognitional Issues in the Conflict of Laws Liz Edinger University of British Columbia Joost Blom University of British Columbia Geneviève Saumier McGill University Janet Walker Osgoode Hall Saturday Afternoon, October 16 1:00 pm Buffet Luncheon & Annual Workshop Meeting 1:50 Restitutionary Law Developments: Looking Back & Looking Forwards Rick Bigwood University of Auckland Andrew Kull Boston University John McCamus Osgoode Hall Mitchell McInnes University of Alberta 2:55 Intermission 3:00 Negotiable Instruments Law and Payment System Developments Ian Binnie, Blake, Cassels & Graydon LLP Bradley Crawford, Q.C. McCarthy Tétrault LLP John Dolan Wayne State University Benjamin Geva Osgoode Hall 4:00 5:00 RECEPTION & CONCLUSION OF WORKSHOP
6 6 Acknowledgements Workshop Convenor: Jacob Ziegel Workshop Administrative Assistant: Dennis Kao, J.D. (UofT 2009) Members of Friday Evening Dinner Committee: Jeremy Fraiberg (Chair), Tony Duggan, Bradley Crawford, Q.C., Geoff Hall, Jim Baillie, Q.C. The Annual Workshop expresses its deep appreciation to the following universities, individuals, agencies, organizations and law firms for their generous financial support for the 40 th Annual Workshop on Commercial and Consumer Law: Canadian Insolvency Foundation La Chaire en gouvernance et droit des affaires, Université de Montréal Faculty of Law, University of Toronto Hon. Hal Jackman Office of the Superintendent of Bankruptcy, Ottawa Osgoode Hall Law School, York University Aird & Berlis LLP, Toronto Blake, Cassels & Graydon LLP, Toronto Bull, Housser & Tupper LLP, Vancouver Davies Ward Phillips & Vineberg LLP, Toronto Fasken Martineau DuMoulin LLP, Toronto Lerners LLP, Toronto McCarthy Tétrault LLP, Toronto McMillan LLP, Toronto Miller Thomson LLP, Toronto Osler, Hoskin & Harcourt LLP, Toronto Torys LLP, Toronto Edwin Harris, Q.C., Head of St. Margaret s Bay, Nova Scotia J. Michael Robinson, Q.C., Toronto Angela Swan, Toronto
7 7 Volume 50 of the Canadian Business Law Journal To mark the 40 th Annual Workshop, all of Volume 50 of the Canadian Business Law Journal has been earmarked for a collection of commemorative essays by the following authors: Stephanie Ben-Ishai, Saul Schwartz & Thomas G.W. Telfer Vaughan Black, Joost Blom & Janet Walker Bradley Crawford, Q.C. Ronald C.C. Cuming, Catherine Walsh & Roderick J. Wood Anthony Duggan Billy Garton & Mark Feldthusen Benjamin Geva Sir Roy Goode Wayne D. Gray Geoff R. Hall Jasminka Kalajdzic Ian B. Lee John D. McCamus Christopher C. Nicholls Iain Ramsay Stéphane Rousseau Janis Sarra Justice Robert J. Sharpe & Vincent-Joël Proulx Stephen Waddams Mary Anne Waldron Jacob Ziegel The Rt. Hon. Beverley McLachlin, Chief Justice of Canada, has kindly agreed to contribute a Foreword. NOTES 1. All the Workshop sessions will be held, and the continental breakfasts will be served, at the Conference Facilities of the Munk Centre of the University of Toronto. The Munk Centre is located at 1 Devonshire Place; the Conference Facilities are located in the south western corner of the Centre facing Hoskin Ave and Devonshire Place. Only the Thursday evening reception for out of town participants will be held at the Faculty of Law. 2. Further details about the year s Workshop, including the Registration Form and arrangements that have been made for block bookings at hotels within easy walking distance of the campus, can be obtained from the Workshop s website at 3. Other inquiries about this year s Workshop should be addressed to DENNIS KAO, Assistant Administrator, at dennis.kao@utoronto.ca &
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