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News David Cheifetz's article examining some of the consequences to contribution law of the repeal of section 8 of the Ontario Negligence Act and the Ontario Court of Appeal decision in HSBC v Davies Ward Beck will appear in the soon-to-be published part of (2007) 33 Advocates' Quarterly. An abstract is available on his articles page. Paul Mahaffy’s article dealing with the perils of “sign and close” transactions and the Ontario Superior Court of Justice decision of Wallace v. Allen will appear in a soon-to-be published edition of the Ontario Lawyers Weekly. Paul has been selected by the Canadian Bar Association to be part of the training team for the CBA’s contract writing workshop for members of the Laos Bar to be held in Vientiane in early November. Publications
Michael F. Smith Judicial Comity In Cross-Border Litigation Prepared for The Transportation Lawyer (Vol. 5 No.3 Dec 2003), a joint publication by the Transportation Lawyers Association and the Canadian Transport Lawyers Association. Judicial Comity - The Enforcement of Foreign Judgments Prepared for The Transportation Lawyer (Vol. 5 No.4 Feb 2003), a joint publication by the Transportation Lawyers Association and the Canadian Transport Lawyers Association. Ontario's Load Brokers Regulation Protects Carriers Prepared for The Transportation Lawyer (Vol. 5 No.1 July 2003), a joint publication by the Transportation Lawyers Association and the Canadian Transport Lawyers Association. David Cheifetz Scraping The Surface: Resurfice Corp v. Hanke, 2007 SCC 7 Abstract - (2007) 33 Advocates' Quarterly - Contribution Issues Joint Liability & Several Liability: Show Me The Principle But Hold The Metaphysics Allocating Financial Responsibility Among Solvent Concurrent Wrongdoers (2004) 28 Adv. Q. 137 Postscript: The Retreat Begins (2004) 28 Adv. Q. 389 Postscript 2: The Retreat Continues (2005) 29 Adv. Q. 276 The Snell Inference and Material Contribution: Defining the Indefinable and Hunting the Causative Snark (2005) 30 Adv. Q. 1. Materially Increasing The Risk of Injury As Factual Cause of Injury: Fairchild v. Glenhaven Funeral Services Ltd. In Canada (2004) 29 Adv. Q. 253 Material Contribution and Quantum Uncertainty: Hanke v. Resurfice Corp. (2006) 43 Can. Bus. L.J. 155 (with Professor V. Black, Dalhousie Law). Where to Find the Law: Research for Insurance Defence Lawyers, Canadian Defence Lawyers, 2006 Through A Looking-Glass, Darkly: Resurfice v Hanke 2007 SCC 7 (with Professor V. Black. forthcoming) "For Whom The Bell Tolled: An Examination Of Some Consequences Of HSBC Securities v. Davies, Ward & Beck And The Repeal of The Ontario Negligence Act, s. 8" (2007) 33 Advocates Quarterly 45.
G. Ross Davis Imputing Income; it’s a matter of choice presented at the Ontario Bar Association’s Family Law Programme May 27, 2003 and subsequently published in the Canadian Family Law Quarterly 2003 21 CFLQ 217 Family Law Settlement Conferences presented at the Law Society of Upper Canada’s Family Law Programme November 10, 2003 Spousal Support Advisory Guidelines
A. Paul Mahaffy An Overview of the Purpose and Process of Due Diligence in Buying a Business. Presented at the January 30, 1998 Ontario Bar Association programme entitled "Due Diligence in a Wired World." Shotguns, Puts and Calls: The advantages of buy/sell agreements for closely held companies. First published in the December - January 1998 issue of CMA Magazine. An Overview of the Sources of Financing for New Companies.Presented at the November 20, 1998 Ontario Bar Association programme entitled "Financing New Companies: From Angels to IPOs". The Battle of the Sexes: Do men and women really have different negotiating styles? First published in the February 1997 issue of CMA Magazine. An Overview of Buying and Selling Intellectual Property. Presented at the November 20, 1998 Ontario Bar Association programme entitled "Buying and Selling Intellectual Property: From Minds to Money". Dream Makers: Angel investors and venture capital could be an entrepreneur's salvation, but don't count on a fairy tale ending. First published in the February 2000 issue of CGA Magazine. An Overview of Legal Issues when Doing Business on the Internet. Presented at the January 27, 2000 Ontario Bar Association programme entitled "Net Income: Helping Clients Do Business on the Internet". Deal Killers and Deal Savers: Escrow agents, m&a insurance and other ways to help close problem asset and share purchases. Presented at the September 26, 2000 Ontario Bar Association programme entitled "Deal Killers and Deal Savers". Laws of the Lands: The Internet has made the long arm of the law even longer, putting Web businesses in the midst of a tangled web of cross-border litigation. First published in the March - April 2001 issue of CGA Magazine. Contracting Online. Presented at the February 1, 2001 Ontario Bar Association programme entitled "Net Work: Practising Business Law Online". Venture Capital Term Sheets. Presented at the January 24, 2002 Ontario Bar Association programme entitled "Building Blocks of a Deal: Negotiating and Drafting Preliminary Transaction Documents". Getting
the Deal Started: Confidentiality Agreements, Letters of Intent and the
Due Diligence Process for the Purchase and Sale of a Business.
Presented at the November 28, 2002 Law Society of Upper Canada programme
entitled "Business Agreements".
Creditor Proofing the Private Company's Business. Presented at
the March 20, 2003 Ontario Bar Association programme entitled "The Private
Company: Essential Advice, Essential Agreements".
The Annotated Share Purchase Agreement. Presented at the
December 11, 2003 Law Society of Upper Canada programme entitled "The Annotated
Share Purchase Agreement".
Investing in Private Companies: Owner-Managers vs. Investors.
Presented at the April 15, 2004 Law Society of Upper Canada Special Lectures on
Corporate & Commercial Law. Private Company Governance: Will public company governance practices be adopted by private companies? First published in the April 2005 issue of the Ontario Bar Association’s Business Beat newsletter. Choosing the Right Vehicle for Carrying on Business. Presented at the December 8, 2005 Law Society of Upper Canada programme entitled "Alternative Vehicles for Carrying on Business". The Annotated Asset Purchase Agreement. Presented at the December 12, 2006 Law Society of Upper Canada programme entitled "The Annotated Share Purchase and Asset Purchase Agreement".
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