8:00AM |
Registration and coffee |
8:25AM |
Welcome Remarks |
8:30-10:00AM |
Session 1: Personal Property Security Act (PPSA) Presenters will discuss various aspects of the Personal Property Security Act (PPSA), a statute governing the creation, perfection, enforcement and priority ordering of a security interest in personal property taken to secure payment or performance of an obligation. Professor Cuming is a major figure in Canadian personal property security law, but his influence also extends abroad. For example, Saskatchewan’s PPSA, of which Professor Cuming was a principal draftsperson, served as the model and inspiration for similar legislation in New Zealand and Australia. Many other nations have similarly used Saskatchewan’s PPSA as a model for their own.
Clayton Bangsund, Assistant Professor, College of Law, University of Saskatchewan “Deposit Account Set-off Under the PPSA” Catherine Walsh, Full Professor, Faculty of Law, McGill University "The limits of party autonomy in choice of law for secured transactions: a comparative assessment" Anthony Duggan, Professor, Faculty of Law, University of Toronto “The Death and Resurrection of the Lowest Intermediate Balance Rule” Linda Widdup, Lecturer, Department of Law, Curtin Law School A cross-jurisdictional look at “regularly engaged in the business of leasing goods” What does “regular” mean?
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10:00-10:30AM |
Break
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10:30AM-12:00PM |
Session 2: Bankruptcy, Insolvency, Receivership & Restructuring Presenters will discuss Canada’s historical and current legislative framework governing bankruptcy and insolvency. These matters are within Parliament’s legislative purview, and are governed in the modern day by a variety of statutes including the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA). These statutes, among others, define the respective rights and obligations of financially distressed individuals and firms, their creditors, and bankruptcy and insolvency officials (e.g. trustees and receivers), furnishing a legislative framework for the liquidation of a debtor’s assets, or in some cases, the restructuring of its debts and other business affairs. Provincial law reform cannot be undertaken without careful consideration of its interaction with federal law. In his legislative reform efforts at the provincial level, Professor Cuming has drawn upon his deep understanding of federal bankruptcy and insolvency law.
Roderick J Wood, F.R. (Dick) Matthews, QC, Professor of Business Law, University of Alberta “Receiverships in Canada: Myth and Reality” Anna Lund, Assistant Professor, Faculty of Law, University of Alberta “Lousy dentists, poor drivers, and abandoned oil wells - charting the contours of the federal bankruptcy and insolvency power” Dr. Thomas G.W. Telfer, Professor, Faculty of Law, Western University “Remaking the Federal Bankruptcy and Insolvency Power: Political and Constitutional Challenges to the Bankruptcy Act of 1919 during the 1920's”
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12:00-1:00PM |
Lunch
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1:00-1:50PM |
Session 3: Judgment Enforcement Judgment enforcement law falls within the legislative authority of the provinces. Presenters will compare and contrast various aspects of judgment enforcement legislation across Canada, and discuss the path to legislative reform in the Province of Saskatchewan. The Enforcement of Money Judgments Act (EMJA), authored by Professor Cuming, revolutionized Saskatchewan’s legislative framework for judgment enforcement, creating a more detailed and coherent path for a judgment creditor to move against the assets of the judgment debtor.
Tamara M. Buckwold, Professor, Faculty of Law, University of Alberta “The Reform of Judgment Enforcement Law in Canada: An Overview and Comparison of Models for Reform” Darcy McGovern, QC, Director, Legislative Services, Ministry of Justice and Attorney General “Enforcement of Money Judgements: From Law Reform to Law”
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2:00-3:30PM |
Session 4: Mortgage Law Reform Presenters will discuss, among other things, the potential for reform in the area of mortgage law. In Saskatchewan, a reform initiative is being spearheaded by Professor Cuming. Mortgage law, also within the legislative purview of the provinces, governs the creation, registration, enforcement and priority ordering of a charge on real property (i.e. land and buildings). Since real property is government-titled, the legislative framework for mortgages is distinctive from the legislative framework governing personal property security.
Ron C.C. Cuming, Professor, College of Law, University of Saskatchewan ”The Case for Modernization of Saskatchewan Real Property Security Law” Madam Justice Georgina Jackson, Court of Appeal for Saskatchewan Scott Hitchings, College of Law, University of Saskatchewan "Secured Financing of Real Property on First Nations Reserve Land in Saskatchewan"
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3:30-3:45PM |
Break
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3:45-4:25PM |
Session 5: A Panel Discussion with Practitioners Michael W. Milani, QC, Partner, McDougall Gauley LLP Rick T.G. Reeson, QC, Partner, Miller Thompson
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4:30PM |
Closing Remarks
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*Speakers and topics subject to change.
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