Commercial and Consumer Law

DRAFT July 15,

33rd Annual Workshop

Commercial and Consumer Law

Friday and Saturday, October 17 and 18, 2003

PROGRAMME

Convenor: Jacob Ziegel

The Solarium

Falconer Hall Faculty of Law

University of Toronto

Sponsored by the Canadian Business Law Journal, the Commercial and Consumer Law Section of the Canadian Association of Law Teachers, the Osgoode Hall Law School, and the Faculties of Law of the Universities of Alberta, British Columbia, Dalhousie, McGill, Queen’s, Saskatchewan and Toronto.

Friday Afternoon, October 17

12:15 p.m.Buffet Luncheon Falconer Hall

1:00 p.m.Contract Law Developments – Equitable Mistake, Unconscionability, and Contract Interpretation

Chair:Dean David Percy  Univof Alberta, Edmonton

Presentations:Anthony J. Duggan  Univ of Toronto

Geoff R. Hall  McCarthy Tétrault,Toronto

John D. McCamus  Osgoode Hall Law School

2:30 p.m.Intermission

2:45 p.m.Unravelling Proprietary Remedies

Chair:Justice Maurice Cullity Toronto

Presentations:Lionel Smith Mcgill

Michael Bryan Melbourne Univ.*

Commentators:Andrew Burrows Oxford Univ.

Andrew Kull Boston Univ.

*Prof Bryan will focus on Antipodean perspectives

4:25 p.m.Intermission

4:40 p.m.Dimensions of Private Law: Categories, Concepts and Legal Reasoning

Chair:The Hon. Michel Bastarache  Supreme Court of Canada

Panelists:Stephen Smith  McGill

Robert A. Hillman  Cornell Law School

Stephen M. Waddams  Univ of Toronto

“Dimensions of Private Law” is the main title of a new book by Stephen Waddams to be published by the Cambridge Univ Press in the summer of 2003. Profs Smith and Hillman will critique the book and Prof Waddams will reply.

6:15 p.m.Adjournment

6:30 for

7:15 p.m.Reception and Annual Dinner• Faculty Club•University of Toronto

Guest Speaker:Andrew Burrows, Q.C., Norton Rose Professor of Commercial Law, OxfordUniversity.

“Law Reform and the Work of the English Law Commission”

Saturday Morning, October 18

8:15 a.m.Continental Breakfast  Falconer Hall

9:00 a.m.Officers’ and Directors’ Liability to Creditors on the Corporation’s Insolvency in the Light of Dylex and Peoples Department Stores Litigation

Chair:James C. Baillie

Presentations:(Jointly) Brian Morgan  Osler, Hoskin & Harcourt, and

Harry Underwood  McCarthy Tétrault, Toronto.

Stéphane Rousseau Univ de Montréal

Commentator: Edward Iacobucci  Univ of Toronto

10:35 a.m.Intermission

10:50 a.m.Consumer Bankruptcies and Reactions to the PITF Report

Chair:Dean Anne La Forest UNB, Fredericton

Presentations:Jacob Ziegel Univ of Toronto

Thomas Telfer Univ of Western Ontario

Saul Schwartz Carleton University

Commentator: Melissa Jacoby  Temple University

Saturday Afternoon, October 18

12:30 p.m.Buffet Luncheon

1:15 p.m.Annual Meeting. Canadian Conference of Commercial and Consumer Lawyers

Shorter Sessions and Work in Progress Reports

1:40 p.m.The Court’s Inherent Jurisdiction and the CCAA: A Beneficent or Bad Doctrine?

Chair:David Baird, Q.C. Torys, LLP,Toronto

Presentation:KeithYamauchiCalgaryUniversityLawSchool

Commentator:Andrew J.F. Kent  McMillan Binch, LLP, Toronto

2:50 p.m.Enforceability of Foreign Judgments: Where Does Morguard Stand Now?

Chair:John Swan Aird Berlis, Toronto

Panelists:Stephen G.A. Pitel Univ of Western Ontario

Joy Goodman Loto-Quebéc & Jeffrey TalpisUniv de Montréal

 Appreciation to Vaughan Black for organizing this session.

4:00 p.m.Intermission

4:10 p.m.The Modernization of the Enforcement of Judgments

Chair:Arthur L. Close,Q.C. British Columbia Law Institute

Joint Presentation: R.C.C. Cuming and Tamara Buckwold Univ of Saskatchewan

Commentator: Jennifer E. Babe Miller Thomson, LLP,Toronto

5:20 p.m.Reception  Falconer Hall

General Notes

1.Unless otherwise announced, all sessions will be held in the Solarium of Falconer Hall, Faculty of Law, University of Toronto, 84 Queen's Park. Falconer Hall is to the south of, and immediately adjacent to, the Planetarium on the west side of University Avenue. The nearest subway station is "Museum" on the University line.

2.The Reception and Annual Dinner on the Friday evening will be held at the Faculty Club, University of Toronto. The Faculty Club is located at 41 Willcocks Street, near Spadina Avenue, one full block south of Harbord Street (first traffic lights south).

3.Spouses and friends of Workshop participants are welcome to attend the reception and dinner if there is room. If you wish additional tickets for the event, please contact Ms. Dace Veinberga at (416) 978-6020.

4.Copies of the papers to be discussed and other appropriate materials will be made available at the Workshop. Some may also be distributed in advance. Additional copies can be ordered for a reasonable price.

5.For further information or other assistance, please contact Dace Veinberga at (416) 978-6020; fax number (416) 978-2648; e-mail .