Bates Barristers
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Year of Call
1983, Ontario
Education
Masters of Law, E-commerce,
York University
Bachelor of Laws,
University of Toronto

Professional Affiliations
Law Society of Upper Canada
The Advocates' Society
Toronto Computer Lawyers’ Group
Toronto Intellectual Property Group
Consumers Council of Canada
Toronto Commercial Arbitration Society
Certified as a Specialist in Civil Litigation
by Law Society of Upper Canada
Noteworthy
Paul is a leading Ontario advocate, certified by the Law Society as a Specialist in Civil Litigation. Paul’s personal interests are as varied as his professional experience: parent, sportsman, history reader, amateur photographer.

 

 

 

Paul J. Bates

 
Paul Bates
Paul Bates has extensive experience in high-stakes business litigation, class actions, and appeals.

In his 35 years of professional experience, Paul has appeared at all levels of the Canadian court system, including the Supreme Court of Canada, generating countless reported decisions and peer recognition for D&O litigation, class actions, franchise disputes, product liability, and commercial insurance.

Paul has extensive experience in the full range of interlocutory and permanent extraordinary remedies, including mandatory and prohibitory injunctions, Anton Pillar orders, Mareva injunctions, Norwich Pharmacal orders, receiverships, judicial review applications and special statutory remedies.

Paul is experienced in complex international reinsurance claims and disputes.

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.


Selected Papers

“Dealing with Annoying Chronic Tenant Defaults” (2008), 66 R.P.R. (4th) 34

“Cryptography Export Controls – Canada’s Dichotomous Cryptography Policy” (2005), 4 Can. Jour. Law & Technology 199

“The Commercial General Liability Insuring Agreement Applied to Product Liability”, (2001), 19 Can. J. Ins. Law 49

“Settlement of Complex Liability Lawsuits: Opportunities and Perspectives”, (2000), 22 Adv. Q. 265

“Exclusions Applicable to Product Liability Claims”, (1994), 4 C.I.L.R. 245

“Liability Insurance Coverage Disputes: Acting for the Insured”, (1994), 16 Adv. Q. 169

“Principles on Interest: Judgment Interest in Ontario”, (1993), 15 Adv. Q. 171

"Mitigation of Damages: A Matter of Commercial Common Sense", (1991-1992), 13 Adv. Q. 273, cited with approval in the Supreme Court of Canada in Southcott Estates Inc. v. Toronto Catholic District School Board (2012) SCC 51 at # 25

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

"You and Your Lawsuit" (1990), 37 C.L.R. 165

“Algoma Central Railway v. Herb Fraser & Associated Ltd.: Discovery of Subsequent Precautions” [comments], (1988-1989), 10 Adv. Q. 495

“Foreign Torts: The Canadian Choice of Law Rule”, (1987), 8 Adv. Q. 397

Nelson Burns & Co. v. Gratham Industries Ltd. – ANNOTATION, 1987 CarswellOnt 538, 23 C.P.C. (2d) 279, 25 O.A.C. 89, 19 C.P.R. (3d) 71, 18 C.I.P.R. 153, 7 A.C.W.S. (3d) 304, cited with approval in Barton v Potash Corp. of Sask., 2011 SKCA 96 (CanLII) at #47

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

"Product Liability - The Expanded Duty to Warn", (1984-1985), 5 Adv. Q. 253

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

"Confirmation by Subsequent Facts" 40 U. T. Fac. Rev. 67. (1982)

“The Greenspan Manoeuvre: Procedural Ploy or Tactical Imperative?” (1981), The Advocate, University of Toronto, Faculty of Law


Selected speaker presentations and panel discussions

2016: UK Bar Council - panelist on comparative commercial litigation UK, USA, Canada

2016: The Advocates' Society - panelist on discovery and trial advocacy

2016: The Advocates' Society - panelist on class action trials

2015: OBA Class Actions Annual Update - Panelist re franchise class actions

2015: OBA Franchise Law Section - Panelist re good faith and fair dealing

2013: OBA Franchise Law Section  -  Panelist re "System Changes"

2013: Intellectual Property Institute of Canada annual meeting - Panelist on Contingency Litigation

2012: OBA Franchise Law Section - Panelist re “The TDL decision” on franchise class actions

2011-2012: Canadian Institute - Panelist re “Managing & Conducting Common Issues Trials”

2012: Canadian Institute “Payments Compliance” - Speaker re “Canadian Class Action Landscape”

2012: OBA Annual Institute - Speaker re “Stop That! Injunctions in Labour and Employment Law”

2006-2007: OBA Franchise Law Section – Speaker re “The Future of Franchise Litigation in Ontario - Crystal Ball Gazing on what to expect in the next few years”

2006: Insight Conferences – Speaker re “Causation in tort law: the material contribution test”

2006: Canadian Institute – Speaker re “Reinsurance roundtable”

2005: OBA Pension & Benefits - Speaker re “Ontario’s New Civil Liability Regime for Secondary Market Disclosure”

2005: LSUC – Speaker re “Settlement of complex liability lawsuits”

2005: LSUC – Speaker re “Annoying chronic tenant defaults”

2005: Canadian Institute – speaker re Managing and Insurance Coverage Disputes. (2005)

2004: OBA – Speaker re “The ten most important Canadian franchise law cases”

2003: Toronto Computer Lawyers Group – Speaker re “Canada Cryptography Policy – Moving Ahead in the 21st Century”

2003: LSUC – Speaker re “The Power Blackout – Insurance Questions”

2003: OBA – Speaker re “The Conduct of an Appeal”

2003: OBA – Speaker re “Franchise Termination Disputes"

2002: OBA – Panelist re “Good Faith in Canadian Franchise Law”

2002: LSUC – Speaker re “Insurance and Internet technology claims”

2002: Canadian Institute – Speaker re “Contending with Internet and e-commerce risks in commercial insurance policies”

1998: Canadian Institute – Speaker re “Settlement of Complex Liability Lawsuits: Opportunities and Perspectives”

1998: Osgoode Hall Law School Business law – Speaker re “Internet E-Commerce and Litigation”

1996: Canadian Institute – Speaker re “Reinsurance Arbitrations - A Canadian Perspective”

1995: Canadian Institute – Speaker re “The Commercial General Liability Insuring Agreement as Applied to Product Liability”

1995: LSUC – Speaker re “Judgment without Trial”

1995: Advocates Society – Speaker re “The Civil Pre-Trial Conference in Ontario”

1994: Insight – Speaker re "Liability Insurance Coverage Disputes: Acting for the Insured"

1994: Canadian Institute – Speaker re “Denying Coverage in Insurance Claims”

1993: OBA – Speaker re “Statutory Limitation Periods and the New Limitations Act”

1993: OBA – Speaker re "Discussions of Selected Coverage Issues: The Pollution Problem; The Elusive Intention of an Insured; and the Prior Knowledge Problem"

1992: Canadian Institute – Speaker re "Principles on Interest: Judgment Interest in Ontario"

1991: Insight – Speaker re "Corporate Counsel's Ethical Dilemmas"

1990: TUNS – Speaker re "The Canadian Law of Impact Costs - Demystifying the Mystique"

1989: OBA – Speaker re “Getting the Case Off to a Good Start"

1988-1989: LSUC and OBA – Speaker re "Limitation Periods: Proposed Reforms" and chair of OBA Committee of Reform of Law of Limitations and co-author of Report and recommendations”

1988: OBA – author re "Discovery of Documents - What to Watch Out For and What to Remember"

1986: OBA – speaker re "The Spills Bill"

1985: OBA – Speaker re "Consumer Sales: A Commentary on Liability and Defences"

1985: OBA – Speaker re "Ontario's New Rules of Civil Procedure: A Commentary on Certain Provisions Applicable in Actions Involving Insurance"