Towards Commercial Law Framework for Canada 1998

1998 Halifax NS


The Case for Reform
Key Elements in a Commercial Law Framework


& Conclusion

Appendix A - The Detailed Analysis


This paper puts forward the case for a commercial law framework for Canada.
In September 1996, Ministers of Consumer Affairs approved a recommendation that a strategy for the reform of commercial legislation be prepared for consideration. In February, 1997, Ministers of Justice accepted a similar recommendation. Ministers requested that the Civil Justice Committee together with Consumer Officials and the Uniform Law Conference of Canada (ULCC) work together to prepare a strategy for presentation to Ministers.

Since the last annual meeting of the ULCC, this matter has been considered by the Civil Justice Committee and the Consumer Measures Committee. Both groups have expressed interest in seeing this work continue.

A paper was prepared by Saskatchewan during the early part of 1998 which described some of the elements of a commercial law strategy. It was obvious that it was essential to obtain A buy-in to the concept of a national commercial law strategy from key interest groups in the business and legal communities. In late March, representatives from a number of key organizations met by conference call. There was a large measure of support for moving forward. Out of that discussion, a one-day planning session was held in Toronto on June 4th, 1998. The following people representing the noted organizations were present:

Jennifer Babe - National Business Law Subsection, Canadian Bar Association
Bradley Crawford, Q.C. - McCarthy Tetrault
Chris Curran -Civil Division, Newfoundland Department of Justice
Neil Ferguson - Nova Scotia Department of Justice
John D. Gregory - Ontario Attorney General Dept.
Philip Halliday - Consumer Measures Committee
Francesca Iacurto - Canadian Chamber of Commerce
Katherine Kruk - Canadian Banker 's Assoc.
Philippe Lortie -Justice Canada
Peter Lown, Q.C. - Alberta Law Reform Institute
Roderick MacDonald - Law Commission of Canada
Caroline Melia - Export Development Corporation (EDC)
Doug Moen - President, ULCC (Sask Justice)
Ken Morlock - Canadian Bar Association - Ontario
Lynn Romeo - Attorney General 's Department - Manitoba
Greg Steele - Canadian Bar Association - British Columbia
Professor Jacob Ziegel - University of Toronto, College of Law

From that discussion, this report is prepared. This is very much a work in progress. While the contents of the paper reflect the discussion of the Working Group, it should not be taken as official endorsement of the positions taken in the paper by any of the participating organizations. This constitutes a report to the ULCC on the progress of the project from the perspective of the writer.

The report will identify certain key needs of the Canadian economy from the national legislative regulatory infrastructure. Secondly, it will identify practical examples of how inefficiency is created by a lack of reform. Next, it identifies those elements of a framework for reform that the Working Group outlined above has recommended. The paper goes on to identify the Working Group 's short term priorities. Finally, the paper talks about how a project of this magnitude needs to be led and funded.

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