Articles
Recent Private International Law Developments Before the Supreme Court of Canada, The Globetrotter, Ontario Bar Association-International Law Section Newsletter, (2009)
A trilogy of interesting cases involving private international law recently wended their way to the...
The 'Trial Warrior': Applying Sun Tzu's The Art of War to Trial Advocacy, Alberta Law Review (2008)
This paper takes an interdisciplinary approach to an analysis of the Western (common law) adversarial...
A Strategic Functionalist Approach to International Commercial Mediation, The ICFAI Journal of Alternative Dispute Resolution (2008)
Mediation in the international context is a relatively recent phenomenon. As an Alternative Dispute Resolution...
Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging over Pro Se Canadian Corporate Defendants? Case Comment on U.S.A. v. Shield Development, Canadian International Lawyer (2007)
Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where jurisdiction...
Trial and Error - Balancing the Scales of Justice Through the Doctrines of Stare Decisis and Ex Proprio Motu, Ontario Bar Association-Civil Litigation Section Newsletter (2007)
Many will be familiar with the legal axiom: Great cases, like hard cases, make...
“The (CISG) Road Less Travelled”: Grecon Dimter Inc. v. J.R. Normand Inc., Canadian Business Law Journal (2006)
This case comment discusses two recently released Canadian decisions on the enforceability of arbitration...
The Hague Convention on Choice of Court Agreements, The Globetrotter-Ontario Bar Association International Law Section Newsletter (2005)
The Hague Choice of Court Convention, concluded on June 30th, 2005, represents a significant...
Strangers in a Strange Land - Transnational Litigation, Foreign Judgment Recognition, and Enforcement in Ontario, Journal of Transnational Law & Policy (2004)
Well into the new millennium, the landscape of international business commerce continues to change...
Contributions to Books
"'Winning is Only Half the Battle': Procedural Issues Relating to the Recognition and Enforcement of Foreign Arbitral Awards”, INTERNATIONAL COMMERCIAL ARBITRATION- CLAIMS AND COUNTERCLAIMS (2009)
This article addresses some potential problems which may arise in the recognition and enforcement of...
“Thinking Globally, Acting Locally”: Recent Trends in the Recognition and Enforcement of Foreign Judgments in Canada, Annual Review of Civil Litigation (2007)
The continuing evolution of the “real and substantial connection” test for the recognition and...
Bringing Locus Into Focus: A Choice-of-Law Methodology for CISG-based Concurrent Contract and Product Liability Claims, REVIEW OF THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) 2004-2005 (2006)
The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the...
Unpublished Papers
An 'Unconventional Truth': Conflict of Laws Issues Arising Under The CISG, ExpressO (2008)
This article discusses the applicability of the CISG from a Canadian conflict of laws perspective...
Staking Claims Against Foreign Defendants in Canada: Choice of Law and Jurisdiction Issues Arising from the in Personam Exception to the Mocambique Rule for Foreign Immovables, ExpressO (2008)
Canadian courts have struggled in distinguishing between in personam jurisdiction and subject-matter jurisdiction (and specifically...
“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos as an Heuristic Paradigm for Jurisdictional and Arbitration Issues (2007)
While the topic of international arbitration has failed to capture the interest of Hollywood...
Presentations
"Cross-border High Anxiety? Offensive and Defensive Strategies in Transnational Litigation: Offensive Strategies", Ontario Bar Association Annual Institute 2007 (2007)
This is a summary from a presentation made at the Ontario Bar Association Annual Institute...