416.869.9898 ext.21 pbates@batesbarristers.com Paul's Vcard

Paul Bates has extensive experience in high-stakes business litigation, class actions, and appeals, including commercial relationships of every kind, securities litigation and shareholders remedies, franchise and distribution law, financial services, real estate development, intellectual property, professional liability, and class proceedings.

In his 30 years of professional experience, Paul has appeared at all levels of the Canadian court system, including the Federal Court of Appeal, and the Supreme Court of Canada, generating countless reported decisions.

Paul has earned recognition for skillful advocacy in novel and complex issues related to class actions, arbitration jurisdiction and process, distribution of financial services, sexual harassment, the law of information and privacy, public law, regulation of commercial contracts, municipal law, citizenship, taxation, conflicts of laws, personal injury damage assessment, civil procedure, the law of privilege, limitation periods, insurance law, medical malpractice, the law of injunctions, professional liability, jury trial process, professional liability, and punitive damages.

Paul is experienced in complex international reinsurance claims and disputes, including AIRROC and ARIAS-U.S. practice.

Paul is a frequent presenter at continuing legal education programs sponsored by The Canadian and Ontario Bar Associations, the Law Society of Upper Canada, the Advocates Society and commercial providers of CLE. Paul’s papers have been published in numerous professional journals, including the prestigious Advocates Quarterly, on diverse topics.

Papers and Presentations

Bates, Paul J. “The Future of Franchise Litigation in Ontario, “Crystal Ball Gazing” on what to expect in the next few years” presented at the Ontario Bar Association (2007)

Bates, Paul J. “Managing and Resolving Insurance Coverage Disputes” presented at the Panel Discussion Précis (2005)

Bates, Paul J. “Ontario’s New Civil Liability Regime for Secondary Market Disclosure”, presented at The Ontario Bar Association – Pension Section (Nov, 2005)

P. J. Bates, “Canada Cryptography Policy – Moving Ahead in the 21st Century” Canadian Journal of Law and Technology, Vol. 4-3, Nov 2005 (Dalhousie Journal of Law and Technology)

Bates, Paul J. “Dealing with Annoying Chronic Tenant Defaults”, presented to the Law Society of Upper Canada, The Six Minute Leasing Lawyer (2005)

Bates, Paul J. “Franchise Law – 10 Most Important Decisions in Franchising” presented to Ontario Bar Association (2004)

Bates, Paul J. “Canadian Institute Damages Update”, presented to Ontario Bar Association Franchise Law Program (2004)

Bates, Paul J. “Doing Business Online - E-transactions” presented to Ontario Bar Association (2004)

Bates, Paul J. “The Blackout – Insurance Questions” presented to The Law Society of Upper Canada, (Dec, 2003)

Bates, Paul J. “The Conduct of an Appeal”, presented to Ontario Bar Association, (Nov 2003)

Bates, Paul J. “Franchise Termination Disputes", presented to Insight education program (Oct, 2003)

Bates, Paul J. “Canadian Cryptography Export Controls” presented to Toronto Computer Lawyers Group (April, 2003)

Bates, Paul J. “Digital Evidence” presented to Lawyers Professional Indemnity Company (April, 2003)

Bates, Paul J. “Online Liability Issues” presented to Osgoode Hall Law School Professional Development Program, (March, 2003)

Bates, Paul J. “Practical Aspects of Franchise Terminations”, presented to Ontario Bar Association Franchise Law Subsection (Feb, 2003)

Bates, Paul J. “Canadian Cryptography Policy”, LLM thesis, Osgoode Hall Law School (2002)

Bates, Paul J. “E-Commerce Liability Issues and Insurance Law”, presented to the Canadian Institute and LSUC, (Nov, 2002)

Bates, Paul J. “E-commerce and Insurance”, presented to Law Society of Upper Canada “6-Minute Insurance Lawyer” program (Nov, 2002)

Bates, Paul J. “Good Faith in Canadian Franchise Law”, Panel member, Ontario Bar Association, Franchise Law Subsection (Oct, 2002)

Bates, Paul J., Simon A. Clements and Michael W. Kortez, “The Commercial General Liability Insuring Agreement As Applied to Product Liability” Canadian Journal of Insurance Law Volume 19, Number 4

Bates, Paul J. and J. Cameron, “Settlement of Complex Liability Lawsuits: Opportunities and Perspectives”, presented to The Canadian Institute Seminar (November 1992) & Osgoode Hall Law School (November 1998) 22 Adv. Quart. 265

Bates, Paul J. and Gray Taylor. “Environmental Risk and Securities Disclosure”, presented to Environmental Deal-Breakers in Real Estate and Business Transactions conference (November 1998) Federated Press Toronto, November 26, 1998

Bates, Paul J. “Internet E-Commerce and Litigation”, presented to Jurisdiction and Choice of Law Issues to Osgoode Hall Law School Business law Seminar (October 1998)

Bates, Paul J. “Aboriginal Claims and the Forestry Industry:  Claims Processes and Recent Developments in the Courts” The Forestry Chronicle, May/June Volume, 1998

Bates, Paul J. “Environmental Damage to Reserve Land”, Specific Aboriginal Claims at the Turn of the Century, Banff Centre for Management (May 1998)

Bates, Paul J., Augustine, Roger and Don Kelly. “Building Bridges:  Reflections on Fostering Awareness and Support for the Resolution of Claims”, presented to The National Claims Workshop, Halifax, Nova Scotia (October 1997)

Bates, Paul J. “Interpretation of Construction Contract Language By The Courts”, presented to the Educational Program Innovations Centre (November 1996)

Bates, Paul J. “Environmental Insurance and Claims - Current Trends and New Developments for Insurers”, presented to The Canadian Institute (October, 1996)

Bates, Paul J. and P. David Hunter. “Native Land and Environmental:  How Aboriginal Claims Impact on Environmental Issues”, Changing Environments:  A Practical Guide to Recent Developments, Annual Institute of Continuing Education, The Canadian Bar Association, (October, 1996)

Bates, Paul J. “Alberta Court uses ISO Standards in Sentencing for Environmental Offence”, The Canadian Corporate Counsel, July/August 1996, Volume 5 at 124

Bates, Paul J. “Reinsurance Arbitrations - A Canadian Perspective”, presented to The Canadian Institute (November,  1996)

Bates, Paul J. “Bata’s Back:  Prohibition Against Indemnification of Directors Given Rough Ride in Court of Appeal”, Canadian Corporate Counsel, Sept./Oct. 1995, Volume 5 at 5

Bates, Paul J. “The Commercial General Liability Insuring Agreement as Applied to Product Liability”, presented to The Canadian Institute (June 1995)

Bates, Paul J. “The Civil Pre-Trial Conference in Ontario”, presented to the Advocates' Society (April, 1995)

Bates, Paul J. “Product Liability Insuring Agreement” presented to The Canadian Institute (February, 1995)

Bates, Paul J. "Liability Insurance Coverage Disputes: Acting for the Insured", presented to Ontario Risk and Insurance Management Society (May 1994) & Insight Educational Services seminar (June 1991), 16 Adv. Quart. 169

Arthur Anderson, Forensic Accounting Court Room Presentations School, Chicago, March 1994 U.S.A.

Bates, Paul J. “Exclusions Applicable to Product Liability Claims” presented at a seminar of The Canadian Institute (October, 1994) 4 C.I.L.R. 245 & Claims Reporter, November, 1994 - Vol. 6, No. 2

Bates, Paul J. “Denying Coverage in Insurance Claims”, presented at a seminar of The Canadian Institute (June 1994)

Bates, Paul J. “Statutory Limitation Periods and the New Limitations Act”, presented at a The Canadian Bar Associates-Ontario Continuing Learning Education Program, (May 1993)

Bates, Paul J. "Discussions of Selected Coverage Issues: The Pollution Problem; The Elusive Intention of an Insured; and the Prior Knowledge Problem", (May 1993)

Bates, Paul J. “CGL Coverage and Environmental Losses - IBC 2001 (June 1978) and IBC 2100 (August 1987)”, presented at the Institute of Insurance for Ontario, (April, 1993)

Bates, Paul J. “Environment on Trial:  a Guide to Ontario Environmental Law and Policy”, edited by David Estrin and John Swaigen, 3rd ed., Toronto: Emond-Montgomery (1993)

Bates, Paul J. and Richard J. King, “Oldman River, Case Comment”, The Canadian Corporate Counsel, March 1992, Volume 1 at 75

Bates, Paul J. and Joanne McPhail. "Principles on Interest: Judgment Interest In Ontario", presented to Canadian Institute seminar (July 1992) 15 Adv. Quart. 171

Bates, Paul J. and Susan B. Wortzman. "Mitigation of Damages: A Matter of Commercial Common Sense", presented to Insight Education seminar (May 1991), 13 Adv. Quart. 273

"Bad Faith in Defence of Third Party Claims: The Need for a Made-in-Canada Law", (1991), 1 C.C.L.I. (2d) 160

Bates, Paul J. "Corporate Counsel's Ethical Dilemmas", paper presented to Insight (1991)

Bates, Paul J. “Class Actions - Finally" Vol. 3 No. 3, Royal Insurance Canada Claims Reporter (June, 1991)

Bates, Paul J. "The Canadian Law of Impact Costs - Demystifying the Mystique", presented to Nova Scotia Technical College Construction Law Program (1990)

Bates, Paul J. "You and Your Lawsuit", paper presented to Nova Scotia Technical College Education Program (1990) 37 C.L.R. 165.

Bates, Paul J. “Getting the Case Off to a Good Start", presented to The Canadian Bar Association-Ontario Intensive Civil Advocacy Program (September 1989).

Bates, Paul J. "Limitation Periods:  Proposed Reforms", paper presented to The Canadian Bar Association-Ontario Health Law Section Program (1989)

Bates, Paul J. "Limitation Periods:  Time for Statutory Reform", paper presented to the Advocates' Society (1988)

Bates, Paul J. "New Horizons in Risk", The Canadian Business Law Newsletter, Carswell Legal Publications (1988)

Bates, Paul J. "The Injunction:  When Money is Not Enough", The Canadian Business Law Newsletter, Carswell Legal Publications (1988)

Bates, Paul J. "The Law of Limitations Should be Reformed", paper presented to L.S.U.C. Civil Litigation Seminar (1988)

Bates, Paul J. "Cross Border Torts", Canadian Underwriter Magazine (1988)

Bates, Paul J. & Mark Lerner. "Discovery of Documents - What to Watch Out For and What to Remember", The Canadian Bar Association-Ontario, Annual Institute on Continuing Legal Education (1988)

Bates, Paul J. "Foreign Torts:  The Canadian Choice of Law Rule", 8 Adv.Quar. 397 (1987)

Bates, Paul J. "The Spills Bill", Presented to Natural Resources and Energy Law Section of Canadian Bar Associate-Ontario (1986)

Bates, Paul J. “Proper handling of time can pay you rich dividends”, 13 Nat. (C.B.A.) No. 5, 4. (1986)

Bates, Paul J. "Professional Liability and Responsibility", Chairperson of Insight Seminar (9 May 1986)

Bates, Paul J. "Limitation of Actions", Chairperson of The Canadian Bar Association-Ontario, Continuing Legal Education Seminar (1985)

Bates, Paul J. "Disclosure of Insurance Pursuant to Ontario's New Rules of Civil Procedure", (1985), 47 C.P.C. 232

Bates, Paul J. "Time Management", presented to The Canadian Bar Association-Ontario, Young Lawyers' Division Workshop, The National", C.B.A.   Newspaper, June 1986.

Bates, Paul J. "Consumer Sales:  A Commentary on Liability and Defences", The Canadian Bar Associates-Ontario Continuing Legal Education, Feb 1985.

Bates, Paul J. "Ontario's New Rules of Civil Procedure:  A Commentary on Certain Provisions Applicable in Actions Involving Insurance", The Canadian Bar Associates-Ontario,  Continuing Legal Education Workshop, Jan 1985.

Bates, Paul J. “Ontario's New Rules of Civil Procedure:  What Insurers Ought to Know and Do Before January 1, 1985", Canadian Underwriter Magazine, June 1985.

Bates, Paul J. “TBDF and Record Retention in the Canadian Insurance Industry", 2 Canadian Computer Law Reporter 6; republished in Canadian Underwriter Magazine, (1984) 2 Can. Computer L.R. 6-9

Bates, Paul J. "Professional Liability of Corporate Counsel", The Canadian Bar Association-Ontario Seminar, Dec 1984.

Bates, Paul J. "Ontario's New Rules of Civil Procedure", The Canadian Bar Association-Ontario, Young Lawyers' Division Dinner Meeting, Nov 1984.

Bates Paul J. "Product Liability - The Expanded Duty to Warn", 5 Adv. Quar. 253

Bates, Paul J. “Basic Evidence: Saturday, September 24, 1983”. Canadian Bar Association-Ontario, Continuing Legal Education (1983)

Bates, Paul J. "Confirmation by Subsequent Facts". 40 University of Toronto Faculty of Law Review 67 (1982)