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DARCY LAWRENCE MacPHERSON PERSONAL DATA Address: Office Room 305J

Robson Hall Faculty of Law University of Manitoba 224 Dysart Road Winnipeg, Manitoba R3T 2N2

Telephone: Office (204) 474-6136 Fax (204) 474-7580 E-Mail [email protected] Citizenship Canadian

Darcy Lawrence MacPherson Curriculum Vitae December, 2017 of 45

EDUCATION August, 2016–present

OSGOODE HALL LAW SCHOOL, YORK UNIVERSITY, Toronto, Ontario Ph.D in Law

July 2009 ADMISSION TO MANITOBA BAR Oct. 2000-Jun. 2001

UNIVERSITY OF CAMBRIDGE, Cambridge, U.K. Faculty of Law, Master of Laws Degree, Commercial Law Designation

Feb. 1999 ADMISSION TO ONTARIO BAR Sept.-Dec. 1998

LAW SOCIETY OF UPPER CANADA, Toronto, Ontario Phase III, Bar Admission Course

1994–1997 DALHOUSIE UNIVERSITY, Halifax, Nova Scotia, Faculty of Law, Bachelor of Laws Degree

1993 – 1994 SAINT MARY’S UNIVERSITY, Halifax, Nova Scotia Faculty of Arts, Second Year, French and Sociology

1992 – 1993 UNIVERSITY OF PRINCE EDWARD ISLAND, Charlottetown, Prince Edward Island Faculty of Arts, First Year, French and Sociology

1990 – 1992 COLONEL GRAY HIGH SCHOOL, Charlottetown, Prince Edward Island Completed Grade 11; granted early admission to the University of Prince Edward Island


WORK EXPERIENCE March 2017–present PROFESSOR, Faculty of Law, University of Manitoba,

Winnipeg, Manitoba April 2009–March 2017 ASSOCIATE PROFESSOR, Faculty of Law, University of

Manitoba, Winnipeg, Manitoba December, 2008 Granted tenure, Faculty of Law, University of Manitoba,

Winnipeg, Manitoba July 2002 – April 2009 ASSISTANT PROFESSOR, Faculty of Law, University of

Manitoba, Winnipeg, Manitoba July 2001 – June 2002 ASSISTANT PROFESSOR, Faculty of Law, University of

Windsor, Windsor, Ontario Jan. 1999 - August 2000 BARRISTER AND SOLICITOR, Torys LLP, Toronto,

Ontario July 1997 - June 1998 STUDENT-AT-LAW, Tory, Tory, DesLauriers &

Binnington, Toronto, Ontario May - August 1996 ARTICLING CLERK, Supreme Court of Prince Edward

Island, Charlottetown, Prince Edward Island


TEACHING RESPONSIBILITIES 2017 – 2018 – University of Manitoba Course Name Course Number Credit-Hours Term The Law of Contracts LAW1100 6 Both Income Tax Law and Policy

LAW 2700 3 Fall

Court of Appeal Clerkship LAW 3980 3 Fall Court of Queen’s Bench Clerkship

LAW 3980 3 Fall

Commercial Law – Secured Transactions

LAW 3050 3 Winter

Court of Appeal Clerkship LAW 3980 3 Winter Court of Queen’s Bench Clerkship

LAW 3980 3 Winter

Corporate/Securities Law Moot

LAW 3210 3 Winter

2016 – 2017 – University of Manitoba* Course Name Course Number Credit-Hours Term Court of Appeal Clerkship LAW 3980 3 Fall Court of Queen’s Bench Clerkship

LAW 3980 3 Fall

Court of Appeal Clerkship LAW 3980 3 Winter Court of Queen’s Bench Clerkship

LAW 3980 3 Winter

Corporate/Securities Law Moot**

LAW 3210 3** Winter

Commercial Law*** GMGT 3300 3 Winter * I had a research/study leave from July 2016 to June, 2017. Therefore, I had limited teaching responsibilities during this time. ** Though I was involved in both selecting and coaching the team, given that I research/study leave from July 2016 to June, 2017, I was not as directly involved as other years *** Commercial Law is a course offered by the Asper School of Management to undergraduate commerce students. This course is being offered as a distance course and is being co-taught by myself and a colleague Professor John Pozios. To be clear, this is a very different course than the Commercial Law course that I had previously taught at the Faculty of Law. 2015 – 2016 – University of Manitoba Course Name Course Number Credit-Hours Term The Law of Contracts LAW 1100 6 Both


Corporations Law I LAW 2690 3 Fall Court of Appeal Clerkship LAW 3980 3 Fall Court of Queen’s Bench Clerkship

LAW 3980 3 Fall

Taxation Law and Policy LAW 2700 3 Winter Court of Appeal Clerkship LAW 3980 3 Winter Court of Queen’s Bench Clerkship

LAW 3980 3 Winter


LAW 3210 3 Winter

Commercial Law* GMGT 3300 3 Winter * Commercial Law is a course offered by the Asper School of Management to undergraduate commerce students. This course is being offered as a distance course and is being co-taught by myself and a colleague Professor John Pozios. To be clear, this is a very different course than the Commercial Law course that I had previously taught at the Faculty of Law. 2014 – 2015 – University of Manitoba Course Name Course Number Credit-Hours Term The Law of Contracts LAW 1100 6 Both Corporations Law I LAW 2690 3 Fall Court of Appeal Clerkship LAW 3980 3 Fall Court of Queen’s Bench Clerkship

LAW 3980 3 Fall


LAW 3980 3 Winter


LAW 3210 3 Winter

Commercial Law* GMGT 3300 3 Winter * Commercial Law is a course offered by the Asper School of Management to undergraduate commerce students. This course is being offered as a distance course and is being co-taught by myself and a colleague Professor John Pozios. We have already been requested to teach the same course in the following academic year. To be clear, this is a very different course than the Commercial Law course that I had previously taught at the Faculty of Law. 2013 – 2014 – University of Manitoba Course Name Course Number Credit-Hours Term The Law of Contracts LAW 1100 6 Both Corporations Law I LAW 2690 3 Fall Court of Appeal Clerkship LAW 3980 3 Fall


Court of Queen’s Bench Clerkship

LAW 3980 3 Fall


LAW 3980 3 Winter


LAW 3210 3 Winter

2012 – 2013 – University of Manitoba Course Name Course Number Credit-Hours Term Corporations Law I LAW 2690 3 Fall Corporations Law I* LAW 2690 3 Fall Court of Appeal Clerkship**

LAW 3980 3** Fall

Court of Queen’s Bench Clerkship**

LAW 3980 3** Fall

Commercial Law LAW 3050 3 Winter Taxation Law and Policy LAW 2700 3 Winter Court of Appeal Clerkship**

LAW 3980 3** Winter


LAW 3980 3** Winter


LAW 3210 3 Winter

*I was asked to teach two sections of the same course (Corporations Law I) during the same semester (Fall 2012). Therefore, this is listed twice in teaching responsibilities. **Although in previous years, both clerkship programs provided only two credit-hours to participants, in the summer of 2011, Faculty Council decided to increase both to three credit-hours. 2011 – 2012 – University of Manitoba Course Name Course Number Credit-Hours Term Corporations Law I LAW 2690 3 Fall Corporations Law I* LAW 2690 3 Fall Court of Appeal Clerkship**

LAW 3980 3** Fall


LAW 3980 3** Fall

Commercial Law LAW 3050 3 Winter The Law of Agency and Partnerships

LAW 3010 2 Winter

Court of Appeal Clerkship**

LAW 3980 3** Winter



LAW 3980 3** Winter


LAW 3210 3 Winter

*I was asked to teach two sections of the same course (Corporations Law I) during the same semester (Fall 2011). Therefore, this is listed twice in teaching responsibilities. **Although in previous years, both clerkship programs provided only two credit-hours to participants, in the summer of 2011, Faculty Council decided to increase both to three credit-hours. 2010 – 2011 – University of Manitoba* Course Name Course Number Credit-Hours Term Corporations Law I LAW 2690 3 Fall Commercial Law LAW 3050 3 Fall Court of Queen’s Bench Clerkship

LAW 3240 2 Winter

Corporate/Securities Law Moot**

LAW 3210 3** Winter

* I had a research/study leave from January to June, 2011. Therefore, I had limited teaching responsibilities during this time. ** Although in previous years, the Corporate/Securities Law Moot provided only two credit-hours to participants, in the summer of 2010, Faculty Council decided to increase this to three credit-hours. 2009 – 2010 – University of Manitoba Course Name Course Number Credit-Hours Term Corporations Law I LAW 2690 3 Fall Court of Appeal Clerkship LAW 3240 2 Fall Court of Appeal Clerkship LAW 3240 2 Winter Commercial Law LAW 3050 3 Winter The Law of Agency LAW 3010 2 Winter Corporate/Securities Law Moot

LAW 3210 2 Winter

2008 – 2009 – University of Manitoba Course Name Course Number Credit-Hours Term Criminal Law and Procedure

LAW 1140 5 Both

Corporations Law I LAW 2690 3 Fall Court of Appeal Clerkship LAW 3240 2 Fall The Law of Agency LAW 3010 2 Winter Corporate/Securities Law Moot

LAW 3210 2 Winter


2007 – 2008* – University of Manitoba Course Name Course Number Credit-Hours Term Corporations Law I LAW 2690 3 Fall The Law of Agency LAW 3010 2 Fall Court of Appeal Clerkship LAW 3240 2 Fall Laskin Moot LAW 3210 2 Winter *I had a research/study leave from January to June, 2008. Therefore, I had limited teaching responsibilities during this time. 2006 – 2007 – University of Manitoba Course Name Course Number Credit-Hours Term The Law of Contracts LAW 1100 6 Both Corporations Law I LAW 2690 3 Fall Court of Appeal Clerkship LAW 3240 2 Fall The Law of Agency LAW 3010 2 Winter Laskin Moot LAW 3210 2 Winter 2005 – 2006 – University of Manitoba Course Name Course Number Credit-Hours Term The Law of Contracts 45.110 6 Both Corporations Law I 45.269 3 Fall Commercial Law 45.305 3 Winter Laskin Moot 45.321 2 Winter Court of Appeal Clerkship 45.324 2 Winter 2004 – 2005 – University of Manitoba Course Name Course Number Credit-Hours Term The Law of Contracts 45.110 6 Both Corporations Law I 45.269 3 Fall Commercial Law* 45.305 1* Winter Court of Appeal Clerkship 45.324 2 Winter Gale Cup 45.321 2 Winter * Commercial Law is a three-credit-hour course. However, in this particular academic year, I taught only one section of the course, with respect to secured transactions, totalling one credit-hour. Therefore, I considered it one credit-hour in my teaching load. 2003 – 2004 – University of Manitoba* Course Name Course Number Credit-Hours Term The Law of Contracts 45.110 6 Both Corporations Law I 45.269 3 Fall Court of Appeal Clerkship 45.324 2 Winter


Gale Cup 45.321 2 Winter *As is normal in the first two years at a new institution in early career, I was given a release (of 3 credits) from teaching. 2002 – 2003 – University of Manitoba* Course Name Course Number Credit-Hours Term The Law of Contracts 45.110 6 Both Business Organizations Law**

45.263 3 Fall

*As is normal in the first two years at a new institution in early career, I was given a release (of 3 credits) from teaching **After this year, the name of “Business Organizations Law” was changed to “Corporations Law I”. 2001 – 2002 – University of Windsor Course Name Course Number Credit-Hours Term Judicial Review of Administrative Action

98-852 4 Fall

The Law of Contracts* 98-803 3* Winter Constitutional Law* 98-810 3* Winter * Both The Law of Contracts and Constitutional Law are full-year, first-year courses at the University of Windsor (6 and 5 credit-hours, respectively). However, in each case, I taught only one semester of each course, containing 3 credit-hours apiece. Guest Lectures 2017 Darcy L. MacPherson, “Diversion of Corporate Opportunities” delivered as a

guest lecture in the Corporation Law I class of Dr. Virginia Torrie, November 7, 2017

2017 Darcy L. MacPherson, “Corporate Criminal Liability” delivered as a guest lecture in the course in Commercial Law offered by Osgoode Professional Development, February 7, 2017

2016 Darcy L. MacPherson, “Understanding the Transactional Use of Partnerships” delivered as a guest lecture in the Osgoode Business Clinic class of Prof. Stephanie Ben-Ishai, October 3, 2016

2016 Darcy L. MacPherson, “Corporate Criminal Liability” delivered as a guest lecture in the Criminal Law and Procedure class of Dr. David Milward, January 5, 2016

2015 Darcy L. MacPherson, “Unilateral Waiver and Intention to Create Legal Relations” delivered as a guest lecture in the Law of Contracts class of Dr. Mary Shariff, October 27, 2015

2015 Darcy L. MacPherson, “Income from Business or Property” delivered as a guest lecture in the Income Tax Law and Policy class of Dr. Mary Michelle Gallant, November 2, 2015


2015 Darcy L. MacPherson, “Certainty of Terms” delivered as a guest lecture in the Law of Contracts class of Dr. Mary Shariff, October 27, 2015

2014 Darcy L. MacPherson, “Corporate Criminal Liability” delivered as a guest lecture in the Criminal Law and Procedure classes of both Dr. David Milward and Professor Melanie Bueckert, January 16, 2014

2012 Darcy L. MacPherson, “Intention to Create Legal Relations” delivered as a guest lecture in the Law of Contracts class of Dr. Mary Shariff, November 28, 2012

2012 Darcy L. MacPherson, “Contingent Agreements and Unilateral Waiver” delivered as a guest lecture in the Law of Contracts class of Dr. Mary Shariff, November 26, 2012

2012 Darcy L. MacPherson, “Corporate Criminal Liability” delivered as a guest lecture in the Criminal Law and Procedure class of Prof. Amar Khoday, November 20, 2012

2012 Darcy L. MacPherson, “Partnerships and Partnership Agreements”, delivered as a guest lecture in the Art of the Deal class of Prof. John Pozios, September 27, 2012

2012 Darcy L. MacPherson, “The Lived Disability Experience” delivered as a guest lecture in the Social Work and Disability class of Dr. Laura Taylor, March 8, 2012

2012 Darcy L. MacPherson, “Corporate Criminal Liability” delivered as a guest lecture in the Criminal Law and Procedure class of Dr. David Milward, January 17, 2012

2011 Darcy L. MacPherson, “Corporate Criminal Liability” delivered as a guest lecture in the Criminal Law and Procedure class of Dr. David Milward, April 6, 2011


PUBLICATIONS Books (3) 2016 Cameron Harvey and Darcy MacPherson, Agency and Partnership Law

Primer, 5th edition (Toronto: Thomson Reuters Canada Limited, 2016) 2014 Darcy MacPherson and Sunita Doobay, 2014 Annotated Ontario Partnerships

Act (Toronto: Carswell, 2014) 2009 Cameron Harvey and Darcy MacPherson, Agency Law Primer, 4th edition

(Toronto: Carswell, 2009) Chapters in Edited Collections (8) 2015 Michelle Gallant and Darcy L. MacPherson “Income from Business or

Property” in T. Edgar, A. Cockfield, and M. O’Brien, eds., Materials on Canadian Income Tax, 15th ed. (Toronto: Carswell, 2015) at 291-408

2015 Darcy L. MacPherson, “Trusts in Corporate and Commercial Law” in M. Gillen and F. Woodman, eds., The Law of Trusts – A Contextual Approach, 3rd ed. (Toronto: Emond-Montgomery Publications, 2015), at 647-702

2010 Darcy L. MacPherson, “Practical Educational Opportunities In The Tenure Process: One Professor’s Experience” in E.G. Ralph, K.D. Walker and R. Wimmer, eds., The Practicum in Professional Education: Canadian Perspectives (Calgary: Detselig Enterprises Ltd., 2010) at 157-171

2010 Darcy L. MacPherson, “A Legal Strategy Case Study: Trusts In Securitization” in A. Masson and M. Shariff, eds., Legal Strategies: How Corporations Use Law to Improve Performance (Springer, 2010), at 267-275

2010 Darcy L. MacPherson, “Strategic Planning To Avoid Organizational Criminal Liability: A Canadian Perspective” in A. Masson and M. Shariff, eds,. Legal Strategies: How Corporations Use Law to Improve Performance, (Springer, 2010), at 225-245

2008 Darcy L. MacPherson, “Trusts in Corporate and Commercial Law” in M. Gillen and F. Woodman, eds., The Law of Trusts – A Contextual Approach, 2nd ed. (Emond-Montgomery Publications, 2008), at 719-773

2005 Darcy L. MacPherson, “Reforming the Doctrine of Attribution: A Canadian Solution to British Concerns?” in S. Tully, ed., Research Handbook on Corporate Legal Responsibility (London: Edward Elgar, 2005), at 194-214

2005 Darcy L. MacPherson, “Damage Quantification in Tort and Pre-Existing Conditions: Arguments for a Re-Conceptualization” in D. Pothier and R. Devlin, eds., Critical Disability Theory: Essays on Philosophy, Politics, Policy and Law (UBC Press, 2005) at 248-266

Journal Articles (17) 2015 Darcy L. MacPherson, Dan McGeown, Sunita Doobay and Alison

Waldenberg, “Should the CRA Be Able to Pull the Rug Out from Under Multinational Transfer Pricing Choices: A Domestic Contractual Analysis” (2014), 14 Asper Rev. of Int`l Business and Trade L. 67-119


2013 Darcy L. MacPherson and Edward D. (Ned) Brown, “‘Billy, Don’t You Lose My Number’: Law Reform with Respect to the Serial Numbered Goods Regime under the Manitoba PPSA” (2013), 37(1) Manitoba Law Journal 267-321

2013 Sunita D. Doobay and Darcy L. MacPherson, “‘Parliament, We Don’t Need No Stinking Parliament’ – A Comment on Sheldon Inwentash and Lynn Factor Charitable Foundation v The Queen” (2013), 9 Underneath the Golden Boy (Volume 36(2) Manitoba Law Journal) 63-76

2013 Darcy L. MacPherson, “Subsections 43(7) and 43(8) of the PPSA: Arguments In Favour Of Technical Amendments” (2013), 9 Underneath the Golden Boy (Volume 36(2) Manitoba Law Journal) 41-61

2013 Darcy L. MacPherson, “‘I Wish the Supreme Court Thought More Like Dianne’: A Comment on Krangle v Brisco” (2013), 25 Can. J. of Women and the Law 128-147

2012 Darcy L. MacPherson and Edward D. (Ned) Brown, “An All-Terrain Vehicle under the PPSA and its Regulation: A Comment on Houle v. Meyers, Norris, Penny Ltd. (2012), Volume 8 of Underneath the Golden Boy (35(2) Manitoba Law Journal) 107-133

2012 Darcy L. MacPherson, “Law Reform in Corporate/Commercial Law in Manitoba: Pre-Incorporation Transactions – Part I” (2012), Volume 8 of Underneath the Golden Boy (35(2) Manitoba Law Journal) 49-83

2011 Darcy L. MacPherson and Edward D. (Ned) Brown, “Fraud and Knowledge of a Pre-Existing Security Interest under the Personal Property Security Act: Guidance for Manitoba Courts and Practitioners from Other Jurisdictions” (2011), 35(1) Manitoba Law Journal 201-216

2011 Darcy L. MacPherson, “Financial Leasing in Common Law Canada” as part of a Report on Financial Leasing and its Unification by UNIDROIT, prepared for the 18th International Congress of Comparative Law (2011), Volume XVI, Issues 1 and 2, Uniform Law Review 83-180

2011 Yude M. Henteleff, Mary J. Shariff and Darcy L. MacPherson, “Palliative Care: An Enforceable Human Right?” (2011), 5(1) McGill Journal Law and Health 107-160

2011 Mary J. Shariff and Darcy L. MacPherson, “The Slings and Arrows of Outrageous Fortune: Can You ‘Lose’ The Lottery But Still Win?” (2011), 48 Alberta Law Review 631-678

2010 Darcy L. MacPherson, “Criminal Liability of Partnerships: Constitutional and Practical Impediments” (2010), 33 Manitoba Law Journal 329-390

2009 Darcy L. MacPherson, “The Legislature Strikes Back: The Effect of Ontario’s Bill 152 on the Beneficiaries of the Statutory Duty of Care in the Peoples Decision” (2009), 47 Alberta Law Review 37-72

2007 Darcy L. MacPherson, “The Civil and Criminal Applications of the Identification Doctrine: Arguments For Harmonization” (2007), 45 Alberta Law Review 171-202


2005 Darcy L. MacPherson, “The Supreme Court Restates Directors’ Fiduciary Duty – A Comment on Peoples Department Stores Inc. v. Wise”, (2005), 43 Alberta Law Review 383-405

2004 Darcy L. MacPherson, “Extending Corporate Criminal Liability?: Some Thoughts on Bill C-45” (2004), 30 Manitoba Law Journal 253-284

2002 Darcy L. MacPherson, “The Relevance of Prior Record in the Criminal Law: A Response to the Theory of Professor von Hirsch” (2002), 28 Queens L.J. 177-219

Publications for the Profession (11) 2017 Darcy L. MacPherson and Sunita Doobay, “Piercing the Corporate Veil – Part

II” Privately-Held Companies & Taxes Newsletter (TaxNetPro, February 2017), at 2-11

2016 Darcy L. MacPherson and Sunita Doobay, “Tax Amounts under Appeal at the T.C.C. Are Not Included in the Definition of “Personal Income Tax Debt” under the Bankruptcy And Insolvency Act Privately-Held Companies & Taxes Newsletter (TaxNetPro, September 2016), at 1-7

2013 Darcy L. MacPherson and Sunita Doobay, “Piercing the Corporate Veil – Part I” Privately-Held Companies & Taxes Newsletter (TaxNetPro, October 2013), at 2-11, and 21-24

2013 Sunita Doobay and Darcy L. MacPherson, “‘Including GST’ Does Not Mean GST Included” Canadian Tax Highlights, (a publication of the Canadian Tax Foundation) Volume 21, No. 9 (September, 2013), at 14

2013 Sunita Doobay and Darcy L. MacPherson, “Guindon Penalty Upheld” Canadian Tax Highlights, (a publication of the Canadian Tax Foundation) Volume 21, No. 7 (July, 2013), at 8-9

2013 Sunita Doobay and Darcy L. MacPherson, “Intent in Service Contracts” Canadian Tax Highlights, (a publication of the Canadian Tax Foundation) Volume 21, No. 5 (May, 2013), at 5-6

2013 Sunita Doobay and Darcy L. MacPherson, “Ten-Plus Years to Enactment” Canadian Tax Highlights, (a publication of the Canadian Tax Foundation) Volume 21, No. 2 (February, 2013), at 4-5

2013 Sunita Doobay and Darcy L. MacPherson, “Criminal Liability for Partnerships?” Canadian Tax Highlights, (a publication of the Canadian Tax Foundation) Volume 21, No. 1 (January, 2013), at 6-7

2012 Sunita Doobay and Darcy L. MacPherson, “Should There Be A Judicially-Created Due Diligence Defence On The Reporting Of Significant Foreign Property? (TaxNetPro, May 2012)

2012 Sunita Doobay and Darcy L. MacPherson, “Craig and Stare Decisis” Canadian Tax Highlights, (a publication of the Canadian Tax Foundation) Volume 20, No. 2 (February, 2012), at 2-3

2012 Sunita Doobay and Darcy L. MacPherson, “Gunn & Craig – Hobbies, Farms and Stare Decisis” (TaxNetPro and The Tax Practitioners’ Forum, January 2012) at 1-4


Case and Other Commentary (6) 2014 Darcy L. MacPherson and John Pozios, “Liability of Canadian Corporations

for the Actions of Subsidiaries Elsewhere: A Comment on Choc v. Hudbay Minerals Inc. (2014), 8 CCLT 103-118

2012 Sunita Doobay and Darcy L. MacPherson, “Can a Charitable Foundation With a Single Trustee Be Designated as a Public Foundation? – A Comment on Sheldon Inwentash and Lynn Factor Charitable Foundation v The Queen” 60(4) Canadian Tax Journal 917-923

2006 Darcy L. MacPherson, “Hickman Equipment (1985) Ltd. (Receivership), Re – Annotation” (2006), 41 Canadian Cases on the Law of Torts (3rd) 260-267

2006 Darcy L. MacPherson, “Hart Building Supplies Ltd. v. Deloitte & Touche – Annotation” (2006), 41 Canadian Cases on the Law of Torts (3rd) 240-248

2005 Darcy L. MacPherson, “The B.C. Tobacco Legislation Litigation – A Comment on the Papers of Professors Edinger and Eliott” (2005), 41 Canadian Business Law Journal 386-392

2005 Darcy L. MacPherson, “Emaciating the Statutory Audit – A Comment on Hart Building Supplies Ltd. v. Deloitte & Touche” (2005), 41 Canadian Business Law Journal 471-491

Review Essays and Book Reviews (5) 2017 Darcy L. MacPherson, “A Walking Contradiction: A Review of Canadian

Maverick: The Life and Times of Ivan C. Rand” (2017), 40(1) Manitoba Law Journal 172-184

2009 Darcy L. MacPherson, “Disability Through the Eyes of the Law: A Review of Federalism, Democracy and Disability Policy In Canada” (2009), 33 Manitoba Law Journal 197-209

2008 Darcy L. MacPherson, “A Judicial Loudmouth with A Quiet Legacy: A Review of Emmett Hall: Establishment Radical” (2008), 32 Manitoba Law Journal 182-201

2005 Darcy L. MacPherson, “The More Things Change … A Review of The Company: A Short History of a Revolutionary Idea” (2005), 31 Manitoba Law Journal 377-399

2005 Darcy L. MacPherson, “Companies Gone Wild – A Review of The Corporation: The Pathological Pursuit of Profit and Power” (2005), 31 Manitoba Law Journal 201-208

Non-Refereed Material (23) 2017 Darcy L. MacPherson, “Preface” (2017), Volume 13 of Underneath the

Golden Boy (Volume 40, Issue 2 of the Manitoba Law Journal) i-iv 2017 Darcy L. MacPherson and Bryan Schwartz, “Issue Overview and

Introduction”, (2017), Volume 40, Issue 1 of the Manitoba Law Journal i-vii 2017 Darcy L. MacPherson, “Issue Overview and Introduction” (2016), Volume 39,

Issue 1, Manitoba Law Journal xv-xxii


2017 Edward D. (Ned) Brown and Darcy L. MacPherson, Revision of Canadian Centre for Professional Legal Education Bar Admission materials (Manitoba) Corporate and Commercial Transactions, Part 4, “The Personal Property Security Act of Manitoba” (June, 2017) (134 pages)


2016 Darcy L. MacPherson and Bryan Schwartz, “Issue Overview and Introduction” (2015), Volume 38, Issue 1, Manitoba Law Journal i-v


2014 Darcy L. MacPherson, “The Last Word – 10 Things My Disability Has Taught Me” in Supreme Advocacy Letter, #47 of 2014 (July 10, 2014) (4 pages)

2014 Darcy L. MacPherson and Edward D. (Ned) Brown, Revision of Canadian Centre for Professional Legal Education Bar Admission materials (Manitoba) Corporate and Commercial Transactions, Part 4, “The Personal Property Security Act of Manitoba” (July, 2014) (98 pages)

2014 Darcy L. MacPherson, “Issue Overview”, A Judge of Valour: Chief Justice Samuel Freedman – In His Own Words (2014), Volume 37, Special Issue, Manitoba Law Journal i-ii

2013 Darcy L. MacPherson, “Anatomy of a Public Inquiry: Introduction” (2013), Volume 37, Issue 1, Manitoba Law Journal 101-103

2013 Darcy L. MacPherson, “In Memoriam: The Honourable Chief Justice Alfred M. Monnin” (2013), Volume 37, Issue 1, Manitoba Law Journal vii-viii

2013 Darcy L. MacPherson and Bryan Schwartz, “Issue Overview and Introduction” (2013), Volume 37, Issue 1, Manitoba Law Journal i-v

2012 Darcy L. MacPherson, “Duelling Purchase-Money Security Interests under the PPSA: Explaining the Law and Policy Behind Section 34(7)” (2012), 36 Manitoba Law Journal 383-393

2012 Darcy L. MacPherson and Bryan Schwartz, “Issue Overview and Introduction” (2012), Volume 36, Issue 1, Manitoba Law Journal i-vii

2012 Darcy L. MacPherson and Bryan Schwartz, “Five Decades of Chief Justices: Issue Overview and Introduction” (2012), Volume 36, Special Issue, Manitoba Law Journal v-xi

2012 Darcy L. MacPherson, “Graham James: Sending the Wrong Message?” (MLJ Online, http://mlj.robsonhall.com/mlj/content/graham-james-sending-wrong-message) (6 pages)

2012 Darcy L. MacPherson, “The Securities Reference: The Supreme Court Got It Right” (MLJ Online, http://mlj.robsonhall.com/mlj/content/securities-reference-supreme-court-got-it-right) (6 pages)

2012 Darcy L. MacPherson, “Issue Overview and Introduction” (2011), 35(1) Manitoba Law Journal v-vi


2010 Darcy L. MacPherson, “Using Law for Inclusive Social Policy”, The Winnipeg Free Press (24 November 2010), in a special section prepared by the Society for Manitobans with Disabilities, at page 3

2010 Darcy L. MacPherson, “The Best Judges: Bilingual or Not”, The Winnipeg Free Press (23 October 2010), at H11

2009 Darcy L. MacPherson, “Corporate criminal liability shows up in unexpected places” The Lawyers Weekly (26 October 2009) at 10-11

2003 Darcy L. MacPherson, “Current Legal Issues: Changes Proposed to Corporate Criminal Liability” submitted to Manitoba Business Law Group Newsletter (2 pages)


CITATIONS OF PUBLICATIONS Judicial Citations 2004 Darcy L. MacPherson, “Extending Corporate Criminal Liability?: Some

Thoughts on Bill C-45” (2004), 30 Manitoba Law Journal 253 Cited In 2013 R. v. Metron Construction Corporation, 2013 ONCA 541, per Justice Pepall,

for the Court, at para. 61 2013 R. c. Les Pétroles Globales Inc., 2013 QCCS 4262, per Justice Tôth, at paras.

28 and 43 2012 R. v. Metron Construction Corporation, 2012 ONSC 506, per Justice Bigelow,

at para. 15 2005 Darcy L. MacPherson, “Emaciating the Statutory Audit – A Comment on Hart

Building Supplies Ltd. v. Deloitte & Touche” (2005), 41 Canadian Business Law Journal 471

Cited In 2017 Deloitte & Touche v. Livent Inc. (Receiver of), 2017 SCC 63, per Justices

Gascon and Brown, delivering joint reasons for the majority, at para. 103 2016 Livent Inc. (Receiver of) v. Deloitte & Touche, 2016 ONCA 11, per Justice

Blair, for the Court, at para. 122 2014 Livent Inc. (Special Receiver and Manager of) v. Deloitte & Touche 2014

ONSC 2176, per Justice Gans, at para. 246, n. 157, and at para. 260 2006 Darcy L. MacPherson, “Hart Building Supplies Ltd. v. Deloitte & Touche –

Annotation” (2006), 41 Canadian Cases on the Law of Torts (3rd) 240-248 Cited In 2014 Livent Inc. (Special Receiver and Manager of) v. Deloitte & Touche 2014

ONSC 2176, per Justice Gans, at para. 244, n. 156, and at para 247 2007 Darcy L. MacPherson, “The Civil and Criminal Applications of the

Identification Doctrine: Arguments For Harmonization” (2007), 45 Alberta Law Review 171

Cited In 2014 Livent Inc. (Special Receiver and Manager of) v. Deloitte & Touche 2014

ONSC 2176, per Justice Gans, at para. 246, n. 157, and at para. 260, and at para 261


2009 Cameron Harvey and Darcy MacPherson, Agency Law Primer, 4th edition (Thomson Carswell, 2009)

Cited In 2015 1196303 Ontario Inc. v. Glen Grove Suites Inc., 2015 ONCA 580, per Justice

Weiler, for the Court, at para. 80 2015 Felty v. Ernst & Young LLP, 2015 BCCA 445, per Justice Newbury, for the

Court, at para 27 2014 MacDonald v. Glasford, 2014 ONSC 2448 (Div. Ct.), per Justice Perell, at para.

42 2012 Fisgard Capital Corp. v. Bond Street Properties Inc., [2012] 7 WWR 711

(NWTSC), per Justice Schuler, at para. 45 2012 Burns v. Sohi, [2012] OJ 2922, 2012 ONSC 2414, per Justice Pierce, at paras

167 and 169 2011 999939 Ontario Ltd. (c.o.b. The Guitar Shop) v. Stutman, [2011] OJ 969 (Ont

SCJ), per Justice Lederman, at paras 9-10 2011 Elkadry v. Mahmoud (c.o.b. Cairo Travel), [2011] AJ 135 (Prov. Ct.), per

Provincial Court Judge Skitsko, at para. 27 2011 Darcy L. MacPherson and Edward D. (Ned) Brown, “Fraud and Knowledge of

a Pre-Existing Security Interest under the Personal Property Security Act: Guidance for Manitoba Courts and Practitioners from Other Jurisdictions” (2011), 35(1) Manitoba Law Journal 201

Cited In 2015 Bankruptcy of Ramon Presbitero Arnuco, 2015 MBQB 36, per Registrar Sharp,

at para. 30 2013 Darcy L. MacPherson and Edward D. (Ned) Brown, “‘Billy, Don’t You Lose

My Number’: Law Reform with Respect to the Serial Numbered Goods Regime under the Manitoba PPSA” (2013), 37(1) Manitoba Law Journal 267

Cited In 2015 Bankruptcy of Ramon Presbitero Arnuco, 2015 MBQB 36, per Registrar Sharp,

at para. 30 Academic Citations 2011 Yude M. Henteleff, Mary J. Shariff and Darcy L. MacPherson, “Palliative Care:

An Enforceable Human Right?” (2011), 5(1) McGill Journal Law and Health 107 Cited In 2016 Maneesha Deckha, “A Missed Opportunity: Affirming the Section 15 Equality

Argument against Physician-Assisted Death” (2016) 10:1 McGill JL & Health S69, at S73, n. 7


2016 Sheryl Reimer-Kirkham, Kelli Stajduhar, Bernie Pauly, Melissa Giesbrecht, Ashley Mollison, Ryan McNeil, and Bruce Wallace, “Death Is a Social Justice Issue: Perspectives on Equity-Informed Palliative Care” (2016), 39(4) Advances in Nursing Science 293-307, at 294, n. 2

2016 Melissa Giesbrecht, Valorie A. Crooks, Heather Castleden, Nadine Schurrman, Mark W. Skinner and Allison M. Williams, “Revisiting the use of ‘place’ as an analytic tool for elucidating geographic issues central to Canadian rural palliative care” (2016), 41 Health & Place 19-23, at 19.

2016 Melissa Giesbrecht, Valorie A. Crooks, Heather Castleden, Nadine Schurrman, Mark Skinner and Allison Williams, “Palliating Inside the Lines: The Effects of Borders and Boundaries on Palliative Care in Rural Canada” (Social Science and Medicine, 2016) available online: <http://dx.doi.org/10.1016/j.socscimed.2016.04.037>

2013 Shannon Freeman , George Heckman , Peter J. Naus & Hannah R. Marston (2013), “Breaking Down Barriers: Hospice Palliative Care as a Human Right in Canada”, 39:4 Educational Gerontology, 241-249, at 242

2010 Darcy L. MacPherson, “A Legal Strategy Case Study: Trusts In Securitization”

in A. Masson and M. Shariff, eds., Legal Strategies: How Corporations Use Law to Improve Performance (Springer, 2010), at 267-275

Cited In 2010 Constance E. Bagley, “What’s Law Got To Do With It?: Integrating Law and

Strategy” (2010), 47 American Business L.J. 587, at 619, n. 172 2010 Darcy L. MacPherson, “Criminal Liability of Partnerships: Constitutional and

Practical Impediments” (2010), 33 Manitoba Law Journal 329 Cited In 2014 Marta Muñoz de Morales, “Corporate Responsibility and Compliance Programs

in Canada”, in Stefano Manacorda, Francesco Centonze, and Gabrio Forti, eds., Preventing Corporate Corruption – The Anti-Bribery Compliance Model (Springer, 2014), 441 at 444, n. 10

2009 Cameron Harvey and Darcy MacPherson, Agency Law Primer, 4th edition

(Thomson Carswell, 2009) Cited In 2015 Gabriel Faure “ Le «recours en oppression» : quelles attentes raisonnables pour

les créanciers?” available online at https://papyrus.bib.umontreal.ca/xmlui/bitstream/handle/1866/12463/Faure_Gabriel_2015_m%c3%a9moire.pdf?sequence=4&isAllowed=y, at 99, n. 389 and 100, nn. 391 and 393

2013 Brian M Studniberg,” Revisiting the Self-Authorizing Agent” (2012-2013), 44 Ottawa L. Rev. 311, at 317, 327, 330, 346, 348, and nn. 3, 57, 58, 74, 170-173, 175, 179-180, and 185


2005 Darcy L. MacPherson, “The Supreme Court Restates Directors’ Fiduciary Duty – A Comment on Peoples Department Stores Inc. v. Wise”, (2005), 43 Alberta Law Review 383

Cited In 2017 Carol Liao, “A Critical Canadian Perspective on the Benefit Corporation”

(2017), 40 University of Seattle Law Review 683, at 700, n. 108 2014 Nicholas Judza, “Unanimous Shareholder Agreements” available online at

http://yorkspace.library.yorku.ca/xmlui/bitstream/handle/10315/29975/Juzda_Nicolas_W_2014_PhD.pdf?sequence=2 at 372, n. 2086

2015 Gabriel Faure “ Le «recours en oppression» : quelles attentes raisonnables pour les créanciers?” available online at https://papyrus.bib.umontreal.ca/xmlui/bitstream/handle/1866/12463/Faure_Gabriel_2015_m%c3%a9moire.pdf?sequence=4&isAllowed=y, at 89, n. 349, and 91, n. 359

2014 Carol Liao, “A Canadian Model of Corporate Governance” (2014), 37 Dalhousie Law Journal 559, at 575, n. 28

2014 Carol Liao, “The Next Stage of CSR for Canada: Transformational Corporate Governance, Hybrid Legal Structures, and the Growth of Social Enterprise” (2014), 9 McGill International Journal of Sustainable Development Law and Policy 53, at 65, n. 52

2013 Jeffrey Bone, “A Case Study on the Legal Impacts of Corporate Sustainability Pledges in the Alberta Oil Sands” (2013), 23 Dal. J. L. Studies 71, at 82, n. 61

2013 Jeffrey Bone, “The Consideration of Sustainability by Corporate Directors” (2013), 26 J. Env. L. & Prac. 1, at 21, n. 98

2012 Jeffrey Bone, “Legal Impact of Sustainability Pledges on the Fiduciary Duties of Corporate Directors” (September 2012), available online at http://theses.ucalgary.ca/bitstream/11023/216/2/ucalgary_2012_Bone_Jeffrey.pdf, at 55, nn. 156-159

2012 Jeremy Tatum, “Enhancing Corporate Accountability under the Criminal Code through Enforcing Corporate Social Responsibility” (May 1, 2012). Available at SSRN: http://ssrn.com/abstract=2143940 or http://dx.doi.org/10.2139/ssrn.2143940, at 31

2011 Patrick Lupa, “The BCE Blunder: An Argument in Favour of Shareholder Wealth Maximization in the Change of Control Context” (2011), 20 Dal. J.L. Studies 1, at 4, n. 22, at 6, n. 42, at 10, n. 84, at 11, n. 92

2011 Sarah P. Bradley, “BCE Inc v. 1976 Debentureholders: The New Fiduciary Duties of Fair Treatment, Statutory Compliance and Good Corporate Citizenship” (2011), 41 Ottawa L. Rev. 325, at 332-333, n. 26

2011 Thomas Posyniak, “Realizing a ‘Pious Wish’ of Peoples and BCE: Enforcement of Pluralist Theory and Corporate Environmental Responsibility” (2011), 23 J. Env. L. & Prac. 99, at nn. 47, 48, 71, 77, 81, 147, 150, 152, 158 190, 193, and 197

2010 Leonard I. Rotman, “Debunking the ‘End of History’ Thesis for Corporate Law”, (2010), 33 Boston College Intern’l and Comp. L. Rev. 219, at 243 n. 156

2009 J. Anthony VanDuzer, BCE v. 1976 Debentureholders: The Supreme Court’s Hits And Misses in Its Most Important Corporate Law Decision Since Peoples


(2009), 43 U.B.C. L. Rev. 205, at 235, n. 108 2009 Ed Waitzer and Johnny Jaswal, “Peoples, BCE and the Good Corporate

‘Citizen’” (2009), 47 Osgoode Hall L.J. 439, at 449, n.48 2009 Sarah S. Sekouti, “A Comprehensive Analysis of the Legal Issues Relating to

Nominee Directors”, available online: https://papyrus.bib.umontreal.ca/jspui/bitstream/1866/ 4042/2/SEKOUTI_SARAH_S_2009_M%c3%89MOIRE.pdf, at 21, n. 116

2009 Karen Bily, “Corporate Managers and the Wide Discretion for their Fiduciary Duties: Problematic or Not?”, available online: https://tspace.library.utoronto.ca/bitstream/1807/18159/5/Bily_Karen_200911_LLM_thesis.pdf, at 15, n. 52, at 21, nn. 76-78, and at 22 nn. 79-81

2009 Aaron A. Dhir, “The Politics of Knowledge Dissemination: Corporate Reporting, Shareholder Voice, and Human Rights” (2009), 47 Osgoode Hall L.J. 47, at 78, n. 139

2009 J. Anthony VanDuzer, Essentials of Canadian Law – The Law of Partnerships and Corporations, 3rd ed. (Toronto: Irwin Law, 2009), at 343, n. 5, and at 344, n. 12

2007 R. Lynn Campbell, “The Supreme Court’s Decision in Peoples: A New Standard of Director Liability?” (2007), 55 Can. Tax. J. 465 at 466, n. 3

2009 Darcy L. MacPherson, “The Legislature Strikes Back: The Effect of Ontario’s

Bill 152 on the Beneficiaries of the Statutory Duty of Care in the Peoples Decision” (2009), 47 Alberta Law Review 37

Cited In 2017 Shannon O'Byrne; Yemi Philip; Katherine Fraser, “The Tortious Liability of

Directors and Officers to Third Parties in Common Law Canada” (2017), 54 Alta. L. Rev. 871, at 886, n. 88

2015 Gabriel Faure “ Le «recours en oppression» : quelles attentes raisonnables pour les créanciers?” available online at https://papyrus.bib.umontreal.ca/xmlui/bitstream/handle/1866/12463/Faure_Gabriel_2015_m%c3%a9moire.pdf?sequence=4&isAllowed=y, at 96, n. 378

2012 Jeffrey Bone, “Legal Impact of Sustainability Pledges on the Fiduciary Duties of Corporate Directors” (September 2012), available online at http://theses.ucalgary.ca/bitstream/11023/216/2/ucalgary_2012_Bone_Jeffrey.pdf at 46, n. 122

2011 Aline Grénon, “Bijuridisme Canadien à la Croisée des Chemins? Réflexions sur l'Incidence de l'Article 8.1 de la Loi d'Interprétation” (2011), 56 RD McGill/ McGill LJ 775, at para 43, n 59


2006 Darcy L. MacPherson, “Damage Quantification in Tort and Pre-Existing Conditions: Arguments for a Re-Conceptualization” in D. Pothier and R. Devlin, eds., Critical Disability Theory: Essays on Philosophy, Politics, Policy and Law (UBC Press, 2005) at 248-266

Cited In 2010 Eric E. Johnson, “Intellectual Property’s Need For A Disability Perspective”

(2010), 20 Civil Rights LJ 181, at 185, n. 25 2010 Vaughan Black, “Cultural Thin Skulls” (2010), 60 UNBLJ 186, at 193, n. 25 2005 Darcy L. MacPherson, “Companies Gone Wild – A Review of The

Corporation: The Pathological Pursuit of Profit and Power” (2005), 31 Manitoba Law Journal 201

Cited In 2006 Theresa L.M. Man, “Corporate Giving: A Tax Perspective” (2006), available

online: http://best-practices.ltabc.ca/media/resources/donor-accountability/Corporate_Giving_Tax_Perspectives.pdf> at n. 4

2005 Darcy L. MacPherson, “Reforming the Doctrine of Attribution: A Canadian

Solution to British Concerns?” in S. Tully, ed., Research Handbook on Corporate Legal Responsibility (London: Edward Elgar, 2005), at 194-214

Cited In 2016 P.G. Du Toit, “Die strafregtelike aanspreeklikheid van regspersone: Lesse uit

Kanada” (2016), 41(1) Journal for Juridical Science 83-98, at 95, nn. 61 and 62 2013 Paul Almond, Corporate Manslaughter and Regulatory Reform (London:

Palgrave MacMillan, 2013), at 44 2005 Darcy L. MacPherson, “The More Things Change … A Review of The

Company: A Short History of a Revolutionary Idea” (2005), 31 Manitoba Law Journal 377

Cited In 2012 Steven Bittle, Still Dying for a Living: Corporate Criminal Liability after the

Westray Mine Disaster (Vancouver: UBC Press, 2012), at 19 and 20 2004 Darcy L. MacPherson, “Extending Corporate Criminal Liability?: Some

Thoughts on Bill C-45” (2004), 30 Manitoba Law Journal 253 Cited In 2016 Chilenye Nwapi, “Accountability of Canadian Mining Corporations for Their

Overseas Conduct: Can Extraterritorial Corporate Criminal Prosecution Come to the Rescue?” (2016), 54 Can Yearbook Int’l L. 227, at 268, n. 186, at 269, n. 189, and 271, n. 203


2016 Amissi Manirabona and Eduardo Saad Diniz, “Towards Efficiency in Attributing Criminal Liability to Corporations: Canadian and Brazilian Regimes Compared” (2016), 27 Criminal Law Forum, 331-359, at 340, nn. 34 and 35, at 346, n. 52, at 347, nn. 53 and 54, at 351, n. 63

2014 Alexander N. Marar, “All Bark and No Bite: A Socio-Legal Study of Corporate Criminal Liability in Criminal Law” (June, 2014) available online: http://qspace.library.queensu.ca/jspui/bitstream/1974/12232/1/Marar_Alexander_N_201406_MA.pdf, at 18, n. 4, at 56, at 57, at 58, at 60, at 63, and at 64, n. 55

2014 Paul Blyshak, “Corporate Liability for Foreign Corrupt Practices under Canadian Law” (2014), 59:3 McGill L.J. 655, at 663, nn. 27 and 30, at 666, n. 39, at 667, nn. 40 and 43

2014 Marta Muñoz de Morales, “Corporate Responsibility and Compliance Programs in Canada”, in Stefano Manacorda, Francesco Centonze, and Gabrio Forti, eds., Preventing Corporate Corruption – The Anti-Bribery Compliance Model (Springer, 2014), 441 at 442, n. 4, at 443, n. 9, at 444, n. 10

2013 Harry Glasbeek, “Missing the targets – Bill C-45: reforming the status quo to maintain the status quo” (2013) 11(2) Policy and Practice in Health and Safety 9 at 16, at n. 36

2012 Kent Roach, The Essentials of Canadian Law – Criminal Law, 5th ed. (Toronto: Irwin Law, 2012) at 244

2012 Chilenye Nwapi “Litigating Extraterritorial Corporate Crimes in Canadian Courts” available online: https://circle.ubc.ca/bitstream/handle/2429/43237/ubc_2012_fall_nwapi_chilenye.pdf?sequence=1 at 248, nn. 1125 and 1128, at 250, n. 1137

2012 Jeremy Tatum, “Enhancing Corporate Accountability under the Criminal Code through Enforcing Corporate Social Responsibility” (May 1, 2012). Available at SSRN: http://ssrn.com/abstract=2143940 or http://dx.doi.org/10.2139/ssrn.2143940, at 8, n 29

2012 Matthew Giesbrecht, “Canadian Corporate Criminal Liability in Workplace Fatalities: Evaluating Bill C-45”, available online http://mspace.lib.umanitoba.ca/bitstream/1993/5240/1/Matthew_Giesbrecht.pdf, at 20

2011 Norm Keith, Corporate Crime and Accountability: From Prosecutions to Corporate Social Responsibility (Toronto: LexisNexis Canada Inc., 2011), at 61, n. 6, at 63, n 10,at 71, n 30, and at 73, n 33

2010 Amissi Melchiade Manirabona, “La négligence criminelle en milieu de travail: pour une application cohérente des nouvelles dispositions du Code criminel” (2010), 40 Rev. Gen. Du Droit 467, at 486, n. 50

2010 Kent Roach et al. Criminal Law and Procedure: Cases and Materials, 10th ed. (Toronto: Emond Montgomery Publications Limited, 2010) at 627


2010 Hélène Dragatsi, “Criminal Liability of Canadian Corporations for International Crimes”, available online: https://papyrus.bib.umontreal.ca/xmlui/bitstream/handle/1866/8842/Dragatsi_Helene_2010_memoire.pdf?sequence=2&isAllowed=y at 175, nn. 740-742, at 176-177, nn. 746-755, at 179, n. 759, at 181, nn. 765-766 and 768, at 187, n. 793

2009 Sheryl N. Hamilton, Impersonations: troubling the person in law and culture (Toronto: University of Toronto Press, 2009) at 44

2009 Amissi Melchiade Manirabona, “Le Droit Pénal des Organisations Face à L'Internationalisation de la Conduite Criminelle: Le cas de la Société Anvil Mining Ltd. au Congo” (2009), 13 Can. Crim. L. Rev. 217, at 220, n. 6

2009 Amissi Melchiade Manirabona, “La responsabilité pénale des sociétés canadiennes pour les crimes contre l’environnement survenus à l’étranger” available online: https://papyrus.bib.umontreal.ca/xmlui/bitstream/handle/1866/3791/Manirabona_Amissi_M_2010_These.pdf;jsessionid=37F8F2D182A8253328DA2561E23B9FAC?sequence=4, at 294, n. 772, at 302, n. 798, at 309, nn. 797 and 798, at 310, n. 799, at 314, n. 807, at 316, n. 808-809, and 322, n. 814

2008 Harry Glasbeek, ”Looking for Responsibility in the Corporate World or The Corporation’s Multiple Personality Disorder”, in Helen Anderson, ed., Directors’ Personal Liability for Corporate Fault – A Comparative Analysis (The Netherlands: Kluwer Law International, 2009), at 33, n. 72

2007 This article was reproduced in part (with permission of both myself and the law journal in which the original and complete article appeared) in R.L. Campbell, The Legal Framework of Business Enterprises, 4th ed. (Toronto: Captus Press, 2007), at 355-358

2007 Paul Dusome, “Criminal Liability under Bill C-45: Paradigms, Prosecutors, Predicaments” (2007), 53 Crim. L.Q. 98, at 99, n. 7, at 102, n. 12, at 125, n. 72, at 126-127, n. 73, and 128-129, n. 79

2006 David Feedman, “The New Law of Criminal Organizations in Canada” (2006), 85 Can. Bar Rev. 171, at 173, n. 4

2006 Stephanie Ben-Ishai, “ Corporate Gatekeeper Liability in Canada” (2006), 42 Texas International LJ 441, at 465, n. 171

2006 Rebecca Rose, “Corporate Criminal Liability: A Paradox of Hope” (2006), 14 Waikato L. Rev. 52, at 68, n. 141

2006 Jonathan Wong, “Corporate Manslaughter: A Proposed Corporate Killing Offence For New Zealand” (2006), 12 Canterbury L. Rev. 157, at 177, n 129

2002 Darcy L. MacPherson, “The Relevance of Prior Record in the Criminal Law: A

Response to the Theory of Professor von Hirsch” (2002), 28 Queens L.J. 177 Cited In 2014 Hannah Maslen, “Penitence and Persistence: How Should Sentencing Factors

Interact?” in in Julian V. Roberts, ed., Exploring Sentencing Practice in England and Wales (London: Palgrave MacMillan, 2015) 173-193, at 181

2012 Senem Ozkin, “Down But Not Out: Re-Evaluating the Use of Social Context Evidence in Sentencing” (2012), 32 Windsor Review of Legal and Social Issues


159, at 176, n 81 2012 Nahanni Pollard, “Sentencing Chronic Offenders: 30 Strikes And You're Out?”

available online: http://www.summit.sfu.ca/system/files/iritems1/11942/etd6751_NPollard.pdf, at 27, 103, 104 and 164

2010 Julian V. Roberts, “First-Offender Sentencing Discounts: Exploring the Justifications” in Julian V. Roberts and Andrew Von Hirsch, eds., Previous Convictions at Sentencing: Theoretical and Applied Perspectives, (Oxford: Hart Publishing, 2010), 17-35, at 33, n. 22

2010 Jesper Ryberg, “Recidivism, Retributivism and the Lapse Model of Previous Convictions” in Julian V. Roberts and Andrew Von Hirsch, eds., Previous Convictions at Sentencing: Theoretical and Applied Perspectives, (Oxford: Hart Publishing, 2010), 37-48, at 37, n. 1

2008 Julian V. Roberts “Punishing Persistence: Explaining the Enduring Appeal of the Recidivist Sentencing Premium” (2008), 48 British J. Crim. 468 at 471


GRADUATE STUDENT WORK Name of Graduate

Student Title of Thesis Role

2010 Ayodele Olawale Akenroye

“HIV/AIDS as a Human Security Threat in West Africa”

Internal Reviewer, Thesis


PAPERS PRESENTED 2017 “Human Rights, Economics, Disability and Nuclear Releases” presented as of

the Human Dimensions and Perspectives in a Nuclear World: Legal Issues of Non-Proliferation, Disarmament and the Right to Nuclear Energy Conference, October 12, 2017, Winnipeg, Manitoba

2017 “Corporate Criminal Liability – A Cross-Border Comparison”, presented at Asper Chair in International Business and Trade Law Conference: 3rd Annual INTLaw Conference, April 25, 2017, Winnipeg, Manitoba

2017 “Smaller Airports: Lessons in Advocacy and Business”, presented to the Conference of the Manitoba Aviation Council March 1, 2017, via Skype from Toronto, Ontario,

2015 “Transfer Pricing Arrangements: Buyer Beware?” presented at Asper Chair in International Business and Trade Law Conference: INTLaw 2015, April 30, 2015, Winnipeg, Manitoba

2014 “What You Might Want to Think About in Dealing with Disability”, as part of National Panel for managers in the federal civil service with respect to the Internal Day of Persons with Disability presented as a webinar December 3, 2014, from Winnipeg, Manitoba

2013 “Inclusive Education: A Path to an Independent Life” presented at “Inclusive Education for Children with Disabilities in Ukraine: Experience, Practice and Policy”: An International Conference, February 11, 2013, Kiev, Ukraine

2012 “Bill C-45: Perils and Opportunities”, presented as a webinar for the Canadian Healthcare Engineering Society, by phone, March 7, 2012, from Winnipeg, Manitoba

2011 “Bill C-45: A Primer for Facilities Management Professionals” presented to facilities managers of the Lower Mainland Health Authorities, Vancouver, British Columbia, November 22, 2011, by phone from Winnipeg, Manitoba

2011 “Bill C-45: What Does It Mean to You?” presented at the Annual Conference and Trade Show of the Canadian Healthcare Engineering Society, September 26, 2011, Winnipeg, Manitoba

2010 “Organizational Governance” presented as part of the Civil Society component of the project “Inclusive Education for Children with Disabilities in Ukraine”, April 16-17, 2010, Kiev, Ukraine – 16 hour training module

2010 “The Slings and Arrows of Outrageous Fortune: Can You ‘Lose’ the Lottery But Still Win?” presented at the 2010 Spring Contracts Conference, February 27, 2010, Las Vegas, Nevada

2009 “Disability and Social Inclusion in Canada” presented as part of the Canada-Russia Northern Development Partnership Program, October 26, 2009, Winnipeg, Manitoba – 2-hour presentation

2009 “Governance in Non-Governmental Organizations in Canada” presented as part of the Civil Society component of the project “Inclusive Education for Children with Disabilities in Ukraine”, October 3, 2009, Winnipeg Manitoba

2009 “La responsabilité criminelle des personnes morales: bilan des développements


récents” presented at the Common Law in French Program, University of Ottawa, October 1, 2009, Ottawa, Ontario

2009 “Practical Educational Opportunities in the Tenure Process: One Professor’s Experience” presented at the Conference of the Canadian Association of Law Teachers, May 27, 2009, Ottawa, Ontario

2009 “Omissions and Accomplice Liability in the Criminal Law as Applied to the Corporate Context: R. v. Nixon Revisited” presented at the Western Canadian Emerging Scholars Workshop, May 7, 2009, Winnipeg, Manitoba

2009 “My Experience in Disability Studies”, presented as part of the Roundtable “What Is Disability Studies, and Why Do We Need It at the University of Winnipeg?”, March 26, 2009, Winnipeg, Manitoba

2008 “Inclusive Education: One Person’s Journey”, presented at the United Nations International Conference “National Strategies for Implementation of the UN Convention on the Rights of Persons with Disability: Policy, Experience and Practice”, October 24, 2008, Kiev, Ukraine.

2008 “The Language Debate in Disability Studies: Can It Be Resolved and Should It Be?” presented at the Conference of the Canadian Disability Studies Association, June 5, 2008, Vancouver, British Columbia

2008 “Single-Airline Airports: An Intractable Problem?” presented at the Conference of the Regional Community Airports Coalition of Canada, June 4, 2008, Vancouver, British Columbia

2007 “Airports and Privatization: Some Legal Minefields” presented at the Conference of the Regional Community Airports Coalition of Canada, June 20, 2007, Sydney Nova Scotia

2007 “The Civil and Criminal Applications of the Identification Doctrine: Arguments For Harmonization” presented at the Conference of the Canadian Association of Law Teachers, May 30, 2007, Saskatoon, Saskatchewan

2007 “The Definition of Scholarship for the Purposes of Tenure and Promotion” presented at the Conference of the Canadian Association of Law Teachers, May 30, 2007, Saskatoon, Saskatchewan (with Dr. Lorna Turnbull)

2007 “Tort, Disability and Discourse: The Power to of Language to Affect Legal Outcomes” presented at the Conference of the Canadian Association of Law Teachers, May 28, 2007, Saskatoon, Saskatchewan

2007 “The Civil and Criminal Applications of the Identification Doctrine: Arguments For Harmonization” presented at the Western Canadian Emerging Scholars Incubator Workshop, April 30, 2007, Vancouver, British Columbia

2006 “‘Organizational’ Criminal Liability of Partnerships: Some Impediments to its Implementation” presented at the 36th Annual Workshop on Commercial and Consumer Law, October 28, 2006, Banff, Alberta

2006 “‘Organizational’ Criminal Liability of Partnerships: Some Impediments to its Implementation” presented as a Faculty Seminar at the Faculty of Law, University of Manitoba, September 28, 2006, Winnipeg, Manitoba

2006 Served as a co-facilitator (with Dr. Lorna Turnbull) on a roundtable on tenure and promotion issues as part of the Conference of the Canadian Association of Law Teachers, May 31, 2006, Toronto, Ontario


2005 Invited to present my paper “Reforming the Doctrine of Attribution: a Canadian Solution to British Concerns?” to the 19th International Conference of the International Society for the Reform of Criminal Law, June 26-30, 2005, Edinburgh, Scotland (unable to attend due to financial constraints)

2005 “Peoples Department Stores Inc. v. Wise – Restatement or Rejection of Accepted Principles?”, presented to the Annual Conference of the Canadian Association of Law Teachers, June 23, 2005, Vancouver, British Columbia

2005 “Criminal Liability of Organizations: Current Research” presented as a Faculty Seminar at the Faculty of Law, University of Manitoba, January 13, 2005, Winnipeg, Manitoba

2004 “The B.C. Tobacco Legislation Litigation – A Comment on the Papers of Professors Edinger and Elliot” presented at the 34th Annual Workshop on Commercial and Consumer Law, October 22, 2004, Vancouver, British Columbia

2004 My paper, “Extending Corporate Criminal Liability?: Some Thoughts on Bill C-45” was added to the materials of the Annual Conference of the Canadian Institute for the Administration of Justice, October 14-16, 2004, La Malbaie, Quebec, at the request of the conference organizers.

2004 “Bill C-45: A Primer for Judges” presented as a Continuing Legal Education seminar to the Judges of the Court of Queen’s Bench and the Court of Appeal of Manitoba, March 17, 2004, Winnipeg, Manitoba

2004 “Personal-Injury Damages and Pre-Existing Conditions: Time to Think Again” presented as part of the University of Manitoba Disability Studies Graduate Program Seminar Series, January 15, 2004, Winnipeg, Manitoba

2003 “Proposed Changes to Corporate Criminal Liability: Advice for the Internal Auditor” presented by the Winnipeg chapter of the Institute of Internal Auditors, October 14, 2003, Winnipeg, Manitoba

2003 “Damage Quantification in Tort and Pre-Existing Conditions: Arguments for a Re-Conceptualization” presented at the Critical Disability Theory sessions organized jointly as part of the conferences of both the Canadian Association of Law Teachers and the Canadian Law & Society Association, June 1, 2003, Halifax, Nova Scotia

2003 “Sentencing the Repeat Offender: What Is Deserved?” presented as a Faculty Seminar at the Faculty of Law, University of Manitoba, March 27, 2003, Winnipeg, Manitoba

2003 “Shareholder Rights under the New CBCA Amendments: Do They Deal with Canada’s Unique Situation?” presented as a Faculty Seminar at the Faculty of Law, University of Manitoba, February 13, 2003, Winnipeg, Manitoba

2003 “Shareholder Rights under the New CBCA Amendments: Drawing the Wrong Lessons from the U.K. and U.S.?” presented at the UBC Corporate Law Workshop – Shareholder Rights and Remedies, January 31, 2003, Vancouver, British Columbia


CONFERENCES ATTENDED 2017 Human Dimensions and Perspectives in a Nuclear World: Legal Issues of Non-

Proliferation, Disarmament and the Right to Nuclear Energy Conference, October 12-13, 2017, Winnipeg, Manitoba

2017 “Dialogue on Aging”, University of Manitoba Centre on Aging 34th Annual Spring Research Symposium, May 1, 2017, Winnipeg, Manitoba

2017 Asper Chair in International Business and Trade Law Conference: 3rd Annual INTLaw Conference, April 25-26, 2017, Winnipeg, Manitoba

2015 Asper Chair in International Business and Trade Law Conference: INTLaw 2015, April 29-30, Winnipeg, Manitoba

2014 Conference of the Canadian Association of Law Teachers, June 7-8, 2014, Winnipeg, Manitoba

2014 Conference of the Canadian Law & Society Association, June 6-7, 2014 Winnipeg, Manitoba

2014 2014 Conference of the Manitoba Council of Administrative Tribunals, April 28, 2014, Winnipeg Manitoba

2013 30th Annual Spring Research Symposium, Centre On Aging, University of Manitoba, May 6, 2013, Winnipeg, Manitoba

2013 “Inclusive Education for Children with Disabilities in Ukraine: Experience, Practice and Policy”: An International Conference, February 11-12, 2013, Kiev, Ukraine

2012 2012 Isaac Pitblado Lectures “Legal Boundaries in a Global World”, November 30-December 1, 2012, Winnipeg, Manitoba

2012 “The Anatomy of a Public Inquiry”, November 2, 2012, Winnipeg, Manitoba 2012 42nd Annual Workshop on Commercial and Consumer Law, October 12-13,

2012, Halifax, Nova Scotia 2012 Annual Spring Symposium, Centre on Aging, University of Manitoba, May 7,

2012, Winnipeg, Manitoba 2011 2011 Isaac Pitblado Lectures “Back from the Brink: Insolvency in the New

Era”, November 25-26. 2011, Winnipeg, Manitoba 2011 41st Annual Workshop on Commercial and Consumer Law, October 14-15,

2011, Toronto, Ontario 2011 Annual Conference and Trade Show of the Canadian Healthcare Engineering

Society, September 25-27, 2011, Winnipeg, Manitoba 2010 Joint Council of Canadians with Disabilities/Human Resources and Skills

Development Canada Forum on Disability Data Strategy, November 1, 2010, Ottawa, Ontario

2010 40th Annual Workshop on Commercial and Consumer Law, October 15-16, 2010, Toronto, Ontario

2010 “Unfinished Business: Human Rights Issues in the 21st Century” Research Roundtable, May 4, 2010, Winnipeg, Manitoba


2010 “Inclusive Education for Children with Disabilities in Ukraine: Knowledge, Policy and Practice”, April 13-15, 2010, Kiev, Ukraine

2010 2010 Spring Contracts Conference, February 26-27, 2010, Las Vegas, Nevada 2010 David G. Trager Public Policy Symposium, “Sharing the Blame: The Law and

Morality of Punishing Collective Entities”, February 5, 2010, Brooklyn, New York

2009 “Disability Roundtable Forum”, October 29, 2009, Ottawa, Ontario 2009 39th Annual Workshop on Commercial and Consumer Law, October 16-17,

2009, Montreal, Québec 2009 Symposium on Disability Studies Research, September 25, 2009, Winnipeg,

Manitoba 2009 International Symposium on Disability Studies, September 24, 2009, Winnipeg,

Manitoba 2009 Inaugural Biennial Symposium “Law, Philanthropy and New Economic

Challenges: Changing the Rules of Engagement” September 16, 2009, Winnipeg, Manitoba

2009 Conference of the Canadian Association of Law Teachers, May 25-27, Ottawa, Ontario

2009 Conference of the Canadian Disability Studies Association, May 25-26, Ottawa, Ontario

2009 Western Canadian Emerging Scholars Workshop, May 7, 2009, Winnipeg, Manitoba

2008 United Nations International Conference “National Strategies for Implementation of the UN Convention on the Rights of Persons with Disabilities: Policy, Experience and Practice”, October 23-24, 2008, Kiev, Ukraine

2008 38th Annual Workshop on Commercial and Consumer Law, October 3-4, 2008, Winnipeg, Manitoba

2008 International Symposium on Disability Studies, September 19, 2008, Winnipeg, Manitoba

2008 A Forum on the Future of Practicum/Clinical Education in the Professions, June 12-14, 2008, Saskatoon, Saskatchewan

2008 Conference of the Canadian Disability Studies Association, June 4-5, 2008, Vancouver, British Columbia

2008 Conference of the Regional Community Airports Coalition of Canada, June 1-5, 2008, Vancouver, British Columbia

2008 Franchise Law Symposium, University of Manitoba, March 14, 2008, Winnipeg, Manitoba

2008 Inter-Provincial Forum to Develop a Knowledge-Based Framework to Assess the Needs of Persons with Disabilities Who Are Aging, March 10-11, 2008, Winnipeg, Manitoba

2007 37th Annual Workshop on Commercial and Consumer Law, October 19-20, 2007, Toronto, Ontario

2007 International Symposium on Disability Studies, September 28, 2007, Winnipeg,


Manitoba 2007 Conference of the Regional Community Airports Coalition of Canada, June 19-

21, 2007, Sydney, Nova Scotia 2007 Conference of the Canadian Association of Law Teachers, May 28-May 30,

2007, Saskatoon, Saskatchewan 2007 Conference of the Canadian Disability Studies Association, May 26-27, 2007,

Saskatoon, Saskatchewan 2007 Visitability: Moving Toward Liveable, Sustainable Housing and Communities

in Canada Think Tank, May 11-12, 2007, Winnipeg, Manitoba 2007 Western Canadian Emerging Scholars Incubator Workshop, April 30, 2007,

Vancouver, British Columbia 2007 Conference entitled “Corporate Criminality: Legal, Ethical, and Managerial

Implications”, March 15, 2007, Washington, D.C. 2006 36th Annual Workshop on Commercial and Consumer Law, October 27-28,

2006, Banff, Alberta 2006 Conference of the Canadian Law & Society Association, May 31-June 3, 2006,

Toronto, Ontario 2006 Conference of the Canadian Association of Law Teachers, May 29-May 31,

2006, Toronto, Ontario 2006 Conference of the Canadian Disability Studies Association, May 27-28, 2006,

Toronto, Ontario 2005 35th Annual Workshop on Commercial and Consumer Law, October 21-22,

2005, Toronto, Ontario 2005 Conference of the Canadian Association of Law Teachers, June 22-24, 2005,

Vancouver, British Columbia 2005 Business Law at the Border, June 3-4, 2005, Windsor, Ontario 2004 Democratic Reform Conference, November 9, 2004, Winnipeg, Manitoba 2004 34th Annual Workshop on Commercial and Consumer Law, October 22-23,

2004, Vancouver, British Columbia 2004 Conference of the Canadian Law and Society Association, June 2-6, 2004,

Winnipeg, Manitoba 2004 Conference of the Canadian Association of Law Teachers, May 31-June 2,

2004, Winnipeg, Manitoba 2004 Inaugural Conference of the Canadian Disability Studies Association, May 29-

30, 2004, Winnipeg, Manitoba 2004 1st Annual Insolvency Law Review Conference, February 6, 2004, Vancouver,

British Columbia 2003 33rd Annual Workshop on Commercial and Consumer Law, October 17-18,

2003, Toronto, Ontario 2003 10th Annual Queens’ Business Law Symposium, October 3-4, 2003, Kingston,

Ontario


2003 Canadian Association of Law Teachers Conference and Conference of the Canadian Law & Society Association, May 30-June 3, 2003, Halifax, Nova Scotia

2003 “Getting ‘On Top’ of Risk Management”, presented by the Winnipeg chapter of the Institute of Internal Auditors, April 14-15, 2003, Winnipeg, Manitoba

2003 “Improving Corporate Governance and Audit Committee Performance”, presented by the Winnipeg chapter of the Institute of Internal Auditors, February 25, 2003, Winnipeg, Manitoba

2003 “The New Consulting Standards for Internal Auditing”, presented by the Winnipeg chapter of the Institute of Internal Auditors, February 24, 2003, Winnipeg, Manitoba

2003 Second Annual Seminar of Western Corporate Law Professors, February 1, 2003, Vancouver, British Columbia (organized as an adjunct to the UBC Corporate Law Workshop)

2003 UBC Corporate Law Workshop – Shareholder Rights and Remedies, January 31, 2003, Vancouver, British Columbia

2002 32nd Annual Workshop on Commercial and Consumer Law, October 18-19, 2002, Toronto, Ontario

2002 Canadian Association of Law Teachers Conference, May 25-26, 2002, Toronto, Ontario


RESEARCH GRANTS AND OTHER FUNDING Received Agency/Organization Amount/Yr. Funding Period Legal Research Institute $2,000 June-July, 2016 Legal Research Institute $8,011 May-August, 2015 Social Sciences and Humanities Research Council of Canada

$29,000 (average)

April 1, 2015-March 31, 2019 (for the Manitoba Law Journal)

Legal Research Institute $7,477.40 May-August, 2012 Legal Research Institute $1,400 January-April 2011 Marcel A. Desautels Centre for Private Enterprise and the Law/Asper Chair for International Business and Trade Law

$1,600 January-March 2010

Legal Research Institute $7,477.40 May-August, 2009 Legal Research Institute $7,477.40 May-August, 2008 Legal Research Institute $1,362.50 January-March, 2008 Legal Research Institute $675 October-December, 2007 Legal Research Institute $6,125 May-August, 2007 Foundation for Legal Research $3,500 October 2006 – May 2007 Legal Research Institute $7,020 May-August, 2006 Legal Research Institute $1,090 January-April, 2006 University of Manitoba Research Grants Program

$2,790 August, 2005

Legal Research Institute $6,198 May-August, 2005 Legal Research Institute $7,020 April-August, 2004 Legal Research Institute $7,458 May-August, 2003 Legal Research Institute $877 August, 2002 Not Received Manitoba Gambling Research Program 27,112.50 May 2017-March 2018 Social Sciences and Humanities Research Council of Canada

$50,000 January 2017-December 2019

Social Sciences and Humanities Research Council of Canada

$25,000 September 2016-April 2017


TEACHING AND OTHER WORKSHOPS 2006 Workshops on Teaching and Learning, presented as part of the Conference of

the Canadian Association of Law Teachers, May 31, 2006, Toronto, Ontario 2004 “PowerPoint: Advanced”, presented by University Teaching Services,

University of Manitoba, as part of its Spring Workshops Series, May 25, 2004, Winnipeg, Manitoba

2004 “Preparing a Teaching Dossier”, presented by University Teaching Services, University of Manitoba, as part of its Spring Workshops Series, May 25, 2004, Winnipeg, Manitoba

2004 “Tools of Detection: Identifying Plagiarism”, presented by University Teaching Services, University of Manitoba, as part of its Spring Workshops Series, May 19, 2004, Winnipeg, Manitoba

2004 “Building and Maintaining a Positive Classroom Climate”, presented by University Teaching Services, University of Manitoba, as part of its Spring Workshops Series, May 18, 2004, Winnipeg, Manitoba

2004 “Introducing the Self Who Teaches: We Teach Who We Are”, presented by University Teaching Services, University of Manitoba, as part of its Spring Workshops Series, May 17, 2004, Winnipeg, Manitoba

2004 “The Dynamic Voice”, presented by University Teaching Services, University of Manitoba, as part of its Spring Workshops Series, May 13, 2004, Winnipeg, Manitoba

2004 “Learning Styles”, presented by University Teaching Services, University of Manitoba, as part of its Spring Workshops Series, May 12, 2004, Winnipeg, Manitoba

2004 “First Impressions Are Lasting Impressions: Setting the Stage for the First Class”, presented by University Teaching Services, University of Manitoba, as part of its Spring Workshops Series, May 10, 2004, Winnipeg, Manitoba

2003 “Academic Writing”, presented by University Teaching Services, University of Manitoba, as part of its New Faculty Orientation Series, December 1, 2003, Winnipeg, Manitoba

2003 “A Session on Teaching”, presented by the Faculty of Law, University of Manitoba in conjunction with the Law Society of Manitoba, May 14, 2003, Winnipeg, Manitoba

2003 “Using SEEQ Evaluation Feedback to Enhance Teaching Effectiveness”, presented by University Teaching Services, University of Manitoba, March 27, 2003, Winnipeg, Manitoba

2002 “The Secrets of How People Learn” presented by University Teaching Services, University of Manitoba, as part of its New Faculty Orientation Series, August 28, 2002, Winnipeg, Manitoba


PROFESSIONAL ASSOCIATIONS 2009–present Member, Law Society of Manitoba 2005–present Member, Canadian Disability Studies Association 2004–present Member, Canadian Insolvency Foundation 2003–present Member, Canadian Law & Society Association 2002–present Member, Canadian Association of Law Teachers 1999–present Member, Law Society of Upper Canada


SERVICE CONTRIBUTIONS Major Service Contributions 2011–present Co-Editor-in-Chief, Manitoba Law Journal 2013–2016 Co-Editor-in-Chief, Privately-Held Companies & Taxes

Newsletter (available on TaxNetPro) Major Events Organized 2011 2011 Isaac Pitblado Lectures, “Back From the Brink: Insolvency in the New

Era”, November 25-26, Winnipeg, Manitoba 2008 38th Annual Workshop on Commercial and Consumer Law, October 3-4, 2008,

Winnipeg, Manitoba 2008 Conference of the Canadian Disability Studies Association, June 4-5, 2008,

Vancouver, British Columbia 2008 Laskin Moot, February 28-March 1, 2008, Winnipeg, Manitoba Community Activities 2013–2017 MEMBER, Province of Manitoba, Vulnerable Persons

Commissioner’s Hearing Panel Roster 2016-2017 ASSOCIATE EDITOR, Banking and Finance Law Review, Toronto,

Ontario 2004–2016 MEMBER, Board of Directors, Canadian Centre on Disability Studies

Inc., Winnipeg, Manitoba 2008–2016 PRESIDENT AND CHAIR OF THE BOARD OF DIRECTORS,

Canadian Centre on Disability Studies Inc., Winnipeg, Manitoba 2008–2016 CHAIR, Endowment Monitoring and Enhancement Committee,

Canadian Centre on Disability Studies Inc., Winnipeg, Manitoba 2010–2016 MEMBER, On-Going Personal Property Security Act Review

Committee, Province of Manitoba 2013–2016 CHAIR, Human Resources Committee, Canadian Centre on Disability

Studies Inc., Winnipeg, Manitoba 2006–2012 CHAIR, Governance Committee, Canadian Centre on Disability

Studies Inc., Winnipeg, Manitoba 2008–2011 CHAIR, Board of Directors, JRB Basketball Inc. 2003–2010 ACADEMIC ADVISOR, University of Manitoba Women’s

Basketball Team 2008–2009 PAST-PRESIDENT, Canadian Disability Studies Association 2005–2008 MEMBER, Board of Directors, Junior Bisons Women’s Basketball

Club


2005–2008 2nd VICE-PRESIDENT, Canadian Centre on Disability Studies Inc., Winnipeg, Manitoba

2007–2008 PRESIDENT, Canadian Disability Studies Association 2006–2007 PRESIDENT-ELECT, Canadian Disability Studies Association 2005–2007 CHAIR, Ad-Hoc Committee on By-Laws, Canadian Centre on

Disability Studies Inc., Winnipeg, Manitoba 2005–2006 MEMBER, Ad-Hoc Committee on Human Resources Policy,

Canadian Centre on Disability Studies Inc., Winnipeg, Manitoba 2003 STATISTICIAN, University of Manitoba Men’s Basketball Team Media Appearances 2015 Appearance as Commentator, “RRC board should apologize, prof says”,

Winnipeg Free Press, (January 23, 2015), arguing that the duty of care may or may not have been violated, while others argue that the board of governors of an educational institution should apologize

2014 Appearance as Commentator, CBC Radio Canada (French), Winnipeg, June 5, 2014 re: Taxation of Internet purchases

2013 Appearance as Commentator, “Ontario court ups negligence fine to $750,000” The Lawyers’ Weekly (October 4, 2013), at 9

2012 Media Coverage. The Guardian (Charlottetown, Prince Edward Island) (Special Section on Easter Seals PEI) “‘You Can Achieve Anything’: Former ambassadors say being involved in Easter Seals had a life-changing impact”, page 4

2010 Media Coverage, CBC News, Compass (Charlottetown, Prince Edward Island), March 23, 2010, re: Easter Seals Ambassador follow-up story

2010 Appearance as Commentator, CBC Radio, Information Morning (Winnipeg), January 29, 2010 re: Toyota Recall

2009 Appearance as Commentator, “No charges for abandoning severely disabled women in parking lot” – Winnipeg Free Press – December 9, 2009

2008 Media Coverage, “Step up to the school of moot - Law students get real world experience when U of M hosts Laskin Moot”- The Bulletin, March 6th 2008-page 3

2008 Media Coverage, “The mooting man” – Winnipeg Free Press – February 25th 2008, page A10

2008 Appearance as Commentator, “Unpaid bill gets you on shop marquee” – Winnipeg Free Press – February 9th 2008, page A5

2006 Media Coverage, CBC News, April 2006, re: Easter Seals Ambassador follow-up story


University Committees 2013–2016; 2017-present

SENATOR (Elected by the Faculty of Law). Senate of the University of Manitoba

2012–present ASSOCIATE, Centre for Human Rights Research, University of Manitoba

2014–present MEMBER, Senate Committee on Awards, University of Manitoba 2017-present FACULTY OF LAW REPRESENTATIVE (Elected by the Faculty of

Law), Board of Representatives, University of Manitoba Faculty Association

2003–2015 MEMBER, Student Accessibility Services Faculty Advisory Committee, University of Manitoba

2004–2015 MEMBER, Disability Studies Graduate Program Advisory Committee, University of Manitoba

2006-2015 ASSOCIATE, Centre for Professional and Applied Ethics, University of Manitoba

2009-2015 MEMBER, University Discipline Committee, University of Manitoba 2007–2013 MEMBER, Senate Committee on Academic Appeals, University of

Manitoba 2006–2010 CHAIR, Learning Technologies Committee, University of Manitoba 2005–2007 MEMBER, Ad-Hoc Committee on the Creation of Tenure and

Promotion Guidelines in Disability Studies 2004–2006 MEMBER, Learning Technologies Committee, University of

Manitoba 2003–2004 MEMBER, Advisory Committee to the Provost – Learning

Technology, University of Manitoba Faculty Committees 2007–present ASSOCIATE, Marcel A. Desautels Centre for Private Enterprise and

the Law 2015-2016 MEMBER, Accessibility Awareness Committee, Faculty of Law,

University of Manitoba 2013-2015 MEMBER, Tenure and Promotion Committees, Faculty of Law,

University of Manitoba 2011-2014; 2003–2007

MEMBER, J.S.D. Tory Writing Award Selection Committee, Faculty of Law, University of Manitoba

2013-2014 MEMBER, Hiring Committee, Faculty of Law, University of Manitoba 2012-2013 MEMBER, Prizes and Awards Committee, Faculty of Law, University

of Manitoba 2011-2013 MEMBER, Robson Hall Culture Working Group 2011-2012; 2004–2009

MEMBER, Student Recruitment and Retention Committee, Faculty of Law, University of Manitoba

2011-2012 MEMBER (Elected), Faculty Renewal Committee Faculty of Law,


University of Manitoba 2009-2011; 2004–2005

MEMBER, Academic Affairs Committee, Faculty of Law, University of Manitoba

2009–2011 MEMBER, Outreach, Communications and External Relations Committee, Faculty of Law, University of Manitoba

2005–2011 MEMBER, Student Affairs Committee, Faculty of Law, University of Manitoba

2005 ACTING CHAIR, Academic Affairs Committee, Faculty of Law, University of Manitoba

2002–2005 MEMBER, Admissions Committee, Faculty of Law, University of Manitoba

2002–2004 MEMBER, Ad-Hoc Discussion Group re: Tenure and Promotion Guideline Revision, Faculty of Law, University of Manitoba

2002 MEMBER, Ad-Hoc Timetabling Task Force, Faculty of Law, University of Manitoba

2001–2002 MEMBER, Admissions Committee, Faculty of Law, University of Windsor

2001–2002 Member, Law Foundation Allocation Committee, Faculty of Law, University of Windsor

Non-Research Presentations 2012 Volunteer Judge, Negotiation Class Exercise, Legal Negotiation

class of Prof. Vivian Hilder, November 22, 2012 2012 Volunteer Judge, 7th Annual Robson Hall Negotiation Competition,

Faculty of Law, University of Manitoba 2009-2012; 2014, 2017

Volunteer Judge, Laskin Moot

2011-2012; 2014 “Tips and Tricks for Interviews: Soft Skills”, October 5, 2011, February 29, 2012, October 3, 2012, and March 5, 2014, Faculty of Law, University of Manitoba

2012 “With A Positive Attitude, You Can Do Anything”, Prince Edward Island Easter Seals Campaign Kick Off, February 27, 2012

2007-2009 Info Days, February 2007-2009, University of Manitoba 2008 “Alternatives to Private Practice: The Academy”, February 2008,

Faculty of Law, University of Manitoba Peer Reviews 2004-2015 Anonymous Peer Reviewer, Queen’s Law Journal (x3) 2010-2015 Anonymous Peer Reviewer, Underneath the Golden Boy (x2) 2012-2015 Anonymous Peer Reviewer, Asper Review of International Business

and Trade Law (x2) 2015 Anonymous Peer Reviewer, McGill International Journal of


Sustainable Development Law & Policy 2005-2014 Anonymous Peer Reviewer, Saskatchewan Law Review (x3) 2014 Assessed an application for Professor at Osgoode Hall Law School,

North York, Ontario 2014 Anonymous Peer Reviewer of a contribution of another author to a

collection on occupation health and safety published in 2015 2010-2012 Anonymous Peer Reviewer, UBC Law Review (x2) 2009 Anonymous Peer Reviewer of a contribution of another author to

Legal Strategies: How Corporation Use Law to Improve Performance, A. Masson and M. Shariff eds. (Springer, 2010)

2004-2008 Anonymous Peer Reviewer, Alberta Law Review (x3) 2004 Anonymous Peer Reviewer, Manitoba Law Journal (x2)


WORK-IN-PROGRESS The Taxation of Partnerships in Canada “Chapter 1 -- Partnerships” (TaxNetPro, forthcoming) “Splitting the Proverbial Gordian Knot: A Comment on McCormick v. Fasken Martineau DuMoulin LLP” “Honesty Is Not Always The Best Policy?: Stare Decisis After Craig” (with Sunita Doobay) “Who Is the ‘Reasonably Prudent Person’ in Director Remittance Cases? A Review of Recent Case Law” (with Sunita Doobay) “Beyond the Slippery Slope: The Debbie Purdy Case and its Significance to Disability Rights” (with Mary J. Shariff) “R. v. Latimer: A View from a Wheelchair” “A Cost of Doing Business?: Sentencing the Multiple-Recidivist Offender”


SCHOLARSHIPS, AWARDS AND HONOURS 2017-2020 Social Sciences and Humanities Research Council, CGS Vanier

Award ($50,000/year x3 years) (monetary element not accepted due to full-time employment)

2012 Student Teacher Recognition Award, University of Manitoba (Award Nominator: Brandon Trask, Faculty of Law)

2011 Community Outreach Award, University of Manitoba 2001 Jennings Prize for First-Class Standing at the University of Cambridge 2001 Professor Hugh Bevan Prize, for top standing among the LL.M.

students of Wolfson College, University of Cambridge 2000–2001 Rt. Hon. Paul Martin Scholarship, Canadian Institute for Advanced

Legal Studies 1995–1997 Mattinson Scholarship for Disabled Students 1996–1997 Nova Scotia Court of Appeal Clerkship, Halifax, Nova Scotia 1996–1997 Wanderer’s Amateur Athletic Club Scholarship, Halifax, Nova Scotia 1996–1997 The Hon. Alastair Fraser Scholarship, Dalhousie University, Halifax,

Nova Scotia 1992–1996 Terry Fox Humanitarian Award Program Scholarship 1995 H. Carl Goldenberg, Q.C. Prize for Public Law, Dalhousie University,

Halifax, Nova Scotia 1992–1995 Imasco Scholarship for Disabled Students 1994 Dean’s List, Saint Mary’s University, Halifax, Nova Scotia 1993 Dean’s List, University of Prince Edward Island, Charlottetown,

Prince Edward Island 1992 W.H. Horton School Spirit Award, Colonel Gray Senior High School,

Charlottetown, Prince Edward Island


VOLUNTEER ACTIVITIES 1992–1997 VOLUNTEER, Terry Fox Run 1993–1997 STATISTICIAN, Saint Mary’s University Women’s Basketball Team 1994–1995 COMPLETED Level I Coaching Certification & Level II Theory 1994–1995 SUPERVISOR, Data Input, Charlottetown Diocesan Planning

Committee 1992–1993 STATISTICIAN, U. P. E. I. Men’s Basketball Team 1992–1993 MEMBER-AT-LARGE, University of Prince Edward Island Student

Union Hiring Board 1992–1993 MEMBER, University of Prince Edward Island Accessibility

Committee 1992–1993 COORDINATOR, Accessibility Study, Community of Sherwood,

Prince Edward Island


REFERENCES Dr. Bryan P. Schwartz Professor Faculty of Law University of Manitoba Room 454, Robson Hall 224 Dysart Road Winnipeg, Manitoba R3T 2N2 Tel: (204) 474-6143 E-Mail: [email protected]

Dr. M. Michelle Gallant Professor Faculty of Law University of Manitoba Room 300N, Robson Hall 224 Dysart Road Winnipeg, Manitoba R3T 2N2 Tel: (204) 474-6143 E-Mail: [email protected]

Dr. Mary J. Shariff Associate Professor Faculty of Law University of Manitoba Room 300F, Robson Hall 224 Dysart Road Winnipeg, Manitoba R3T 2N2 Tel: (204) 474-6135 E-Mail: [email protected]

Dr. Pippa Rogerson Lecturer in Law Gonville and Caius College University of Cambridge Trinity Street Cambridge, U.K. CB2 1TA Tel: (011) 44 1223 33 54 10 E-Mail: [email protected]

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