The Canadian Commercial Law Symposium
Symposium Background and Objectives
The Canadian Commercial Law Symposium originated in a 2016 academic conference organized by the University of Saskatchewan College of Law to honour the distinguished 50-year teaching career of Professor Ronald (Ron) Cuming.
Inspired by that event, a group of conference participants launched the Commercial Law Symposium as an annual gathering of commercial law scholars rotating among Canadian law faculties. Successful iterations of the Symposium have been held in the fall of each subsequent year apart from 2020, when plans were suspended by the COVID-19 pandemic.
The Symposium brings together academics from across Canada to discuss current issues and research in commercial law as a field of study distinct from the broader subject of business law. Topics in commercial law include bankruptcy and insolvency, the law of sales, personal property security law, judgment enforcement law, negotiable instruments and payment systems, consumer transactions, securities transfer law and related subjects with a transactional focus. The Symposium format consists of paper presentations selected from proposals submitted on an open call to commercial law scholars, followed by commentary and discussion. Practising lawyers, judges and students may be invited to attend the Symposium but presenters and commentators are ordinarily academics.
7th Annual Canadian Commercial Law Symposium
2016 Canadian Commercial Law Symposium – University of Saskatchewan
Bangsund, Clayton, “Deposit Account Set-Off Under the PPSA” (2017) 80 Sask L Rev 11.
Buckwold, Tamara, “The Reform of Judgment Enforcement Law in Canada: An Overview and Comparison of Models for Reform” (2017) 80 Sask L Rev 71.
Cuming, Ronald, “The Case for Modernization of Saskatchewan Real Property Security Law” (2017) 80 Sask L Rev 189.
Duggan, Anthony, “The Death and Resurrection of the Lowest Intermediate Balance Rule” (2017) 80 Sask L Rev 209.
Hitchings, Scott, “Real Property Security Interests on First Nations Reserved Lands” (2017) 80 Sask L Rev 125.
Layh, Donald, “A Celebration of Professor Cuming's 50th Anniversary at the College of Law” (2017) 80 Sask L Rev 1.
Lund, Anna, “Lousy Dentists, Bad Drivers, and Abandoned Oil Wells: A New Approach to Reconciling Provincial Regulatory Regimes with Federal Insolvency Law” (2017) 80 Sask L Rev 157.
McGovern, Darcy, “Enforcement of Money Judgments: From Law Reform to Law” [unpublished].
Telfer, Thomas, “Rediscovering the Bankruptcy and Insolvency Power: Political and Constitutional Challenges to the Canadian Bankruptcy Act, 1919-1929” (2017) 80 Sask L Rev 37.
Walsh, Catherine, "The Role of Party Autonomy in Determining the Third-Party Effects of Assignments: Of Secret Laws and Secret Liens" (2018) 81 Law & Contemp Probs 181.
Widdup, Linda, “A Cross-Jurisdictional Look at "Regularly Engaged In The Business of Leasing Goods" What Does "Regular" Mean?” [unpublished].
Wood, Roderick, “Receiverships in Canada: Myth and Reality” (2017) 80 Sask L Rev 231.
2017 Canadian Commercial Law Symposium – University of Saskatchewan
Bangsund, Clayton, “ABCD Remoteness Problems: Nemo Dat & Its Exceptions Under Subsection 26(1.2) of Saskatchewan’s The Sale of Goods Act” (2018) 81 Sask L Rev 133.
Buckwold, Tamara, “The Implications of Priority as between Secured and Judgment Creditors: A Case Study” (2018) 61 CBLJ 80.
Cuming, Ronald, “The Law of Fixtures: The Need for a Different Approach” (2018) 61 CBLJ 1.
Cuming, Ronald, et al, "Proposals for Changes to the Canadian Personal Property Security Acts" (2017) 59 CBLJ 145.
Edinger, Elizabeth, “The Constitutional Validity and Applicability of the Seizure Provisions of the Securities Transfer Act” (2018) 61 CBLJ 377.
Lund, Anna, “Limitation Periods and Insolvency Law” (2018) 61 CBLJ 51.
Wood, Roderick, “The Interface between Sales Law and Secured Transaction Law” (2018) 61 CBLJ 27.
2018 Canadian Commercial Law Symposium – University of Alberta
Ben-Ishai, Stephanie, & Arash Nayerahmadi, "Over-Indebted Criminals in Canada" (2019) 42 Man LJ 207.
Cuming, Ronald, "Security Interests and Builders' Liens: Two Solitudes Or Complementary Systems" (2018) 61 CBJL 334.
Duggan, Anthony, "Recent Developments in Australian PPSA Case Law and Their Relevance to Other PPSA Jurisdictions" in John H. Farrar, Vai Io Lo and Bee Chen Goh, eds, Scholarship, Practice and Education in Comparative Law: A Festschrift in Honour of Mary Hiscock (Singapore: Springer, 2019) at 7.
Edinger, Elizabeth, "The Constitutional Validity and Applicability of the Seizure Provisions of the Securities Transfer Act” (2018) 61 CBJL 377.
Foohey, Pamela, The Implications of Bankruptcy for Nonprofit Religious Entities (Keynote Address delivered at the Canadian Commercial Law Symposium, Edmonton, 13 October 2018) [unpublished].
Henderson, Gail & Lauren Malatesta, "Protecting Low Income Consumers: The Regulation of Rent-to-Own Stores" (2018) 61 CBJL 354.
Torrie, Virginia, "The Farmers’ Creditors Arrangement Act Reference Case and Rehabilitating Debtors" in Thomas Telfer and Virginia Torrie, Debt and Federalism: Landmark Cases in Canadian Bankruptcy and Insolvency Law, 1894-1937 (Vancouver: UBC Press, 2021), Chapter 4.
Wood, Roderick, "Identifying Borrowed Sources in Secured Transactions Law Reform" (2019) 24 Unif L Rev 545.
2019 Canadian Commercial Law Symposium – University of Windsor
Ben-Ishai, Stephanie, "Bankruptcy for Cannabis Companies: Canada's Newest Export?" (2020) 27 U Miami Int'l & Comp L Rev 229.
Buckwold, Tamara, "The Conceptual Structure of Commercial Law" (2020) 57 Alta L Rev 899.
Chapdelaine, Pascale, "Algorithmic Personalized Pricing" (2020) 17 NYU JL & Bus 1.
Cuming, Ronald, "A Facelift for the Saskatchewan (and Other?) PPS Acts" (2020) 63 CBLJ 33.
Geva, Benjamin, Seraina Grünewald & Corinne Zellweger-Gutknecht, “The E-banknote as a ‘Banknote’: A Monetary Law Interpreted” (2021) 41 Oxford J Leg Stud 1019.
Lund, Anna, “Medical Bankrupts” [unpublished].
Pottow, John, Cross Border Bankruptcies and The New UNCITRAL Model Law on Corporate Group Insolvency (Keynote Address delivered at the Canadian Commercial Law Symposium, Windsor, 19 October 2019) [unpublished].
Thomasen, Kristen, "Robots, Regulation, and the Changing Nature of Public Spaces" (2020) 51 Ottawa L Rev 275.
Torrie, Virginia, “Mechanisms of Debt Adjustment under the Farmers’ Creditors Arrangement Act, 1934” (2021) 72 UNBLJ 132.
2020 Canadian Commercial Law Symposium – cancelled due to Covid
2021 Canadian Commercial Law Symposium (virtual event) – University of Manitoba & University of Alberta
Bangsund, Clayton, “Pentalogy: Recommendations for Reform of the “Seller in Possession” Statutory Regimes of Alberta, British Columbia, Northwest Territories, Nunavut & Saskatchewan” (2022) 60 Alta L Rev 113.
Duggan, Anthony, "Quinquagenaries" (2022) 46 Dal LJ 1.
Karton, Joshua, "Does Canadian Sale of Goods Law Need a Price Reduction Remedy? " [unpublished].
MacPherson, Darcy, "I Am a Corporation and I Committed a Crime, I Can’t go Bankrupt: Recent Cases on the Intersection of Organizational Criminal Liability and Bankruptcy" (2022) 45 Man LJ 91.
Peihani, Maziar, “From (no) bailouts to bail-in: a comparative assessment of Canada’s bank recapitalization regime” (2022) 17 Capital Markets LJ 120.
Wood, Roderick, “‘Come a Little Bit Closer’: Convergence and its Limits in Canadian Restructuring Law” (2021) 10 J Insolvency Institute Can 1.
Young, Frankie, “The Implications of Sections 89 and 90 of the Indian Act in Using Trust Assets as Collateral in First Nations' Secured Personal Property Transactions” (2022) 37 BFLR 205.
2022 Canadian Commercial Law Symposium (virtual event) – University of Manitoba & University of Alberta
citations for 2022 papers pending…
Telfer, Thomas & Torrie, Virginia, “The Ever-Expanding Federal Bankruptcy and Insolvency Power: Implications of the Orderly Payment of Debts Act Case”
Hindi, Andrew, “A Utilitarian Perspective on Contract Illegality: Revisiting the Canadian Doctrinal Approach”
Yalden, Robert, “New Perspectives on Good Faith in Contractual Negotiation”
Kodar, Freya, “Consumer Law Responses to Coerced Debt”
Henderson, Gail & Abrahamson, Katlin, “Informing the Debate on Lowering the Criminal Rate of Interest”
Lund, Anna, “Uncertainty Over the Scope of Borrower Protections in Mortgage Enforcement Proceedings: The Problem & Potential Solutions”
Geva, Benjamin, “The Negotiable Transport Document”
Weary, Rachel, “Steel Rail Blues: Retention-of-Title Clauses in Contracts for the Sale of Goods Between International Sellers and Buyers in PPSA Jurisdictions”
Senthe, Shanthi, “Developing Personal Property Registration Systems within the Financial Inclusion Context”
2023 Canadian Commercial Law Symposium – Queen’s University