Hyman Soloway Chair in Business and Trade Law and Full Professor
Room: 57 Louis Pasteur St. Room 355
Office: 613-562-5800 ext. 3312
Work E-mail: Anthony.VanDuzer@uOttawa.ca
Tony VanDuzer graduated from the Common Law Section in 1982. He currently holds the Hyman Soloway Chair in Business and Trade Law. Previously, he was the Vice Dean of the English Program (1994-5) and Vice Dean (Research) of the Section (2006-8). Prior to joining the Section in 1989, he practised corporate and commercial law in Toronto with Fasken & Calvin (now Fasken).
At the law school, Professor VanDuzer teaches contracts and upper year courses on domestic and international business law. Outside the law school, Professor VanDuzer has taught more than 20 short courses to officials from Canadian government departments and more than a dozen foreign states on various trade and investment issues both in Canada and abroad. He has also taught in the University of Ottawa Executive MBA program, at the Queen’s University International Studies Centre in England, the Westfalische Wilhelms-Universitat in Germany and the University of Waikato in New Zealand.
Professor VanDuzer’s main area of interest is international trade and investment. He has been a member of the Academic Advisory Council to the Deputy Minister for International Trade and participated in technical assistance projects relating to business and trade law in transition and developing economies, including Armenia, Bangladesh, China, El Salvador, Georgia, Kyrgyzstan, Russia, Thailand, Ukraine and Vietnam. He has acted as an outside legal assessor for the Central and Eastern European Law Initiative of the American Bar Association in reviewing a draft Foreign Trade Law for Bosnia-Herzegovina and a draft Competition Protection Act for Bulgaria. He worked as a foreign expert advising on the development of a new foreign trade law for Russia which was passed by the Duma in 2005.
Professor VanDuzer's publications include The Law of Partnerships and Corporations (now in its fourth edition) as well as articles on business, trade and investment law issues. With Professor Gilles Paquet of the School of Management, Professor VanDuzer wrote Anticompetitive Pricing Practices and the Competition Act: Theory, Law and Practice, a major study for the Competition Bureau published in 1999. Many of the recommendations for reform of the Competition Act were included in amendments passed in 2009. In 2005, his study for the Department of Foreign Affairs and International Trade, Health, Education and Social Services in Canada: The Impact of the WTO General Agreement on Trade in Services was tabled before the Standing Committee on Foreign Affairs and International Trade. Along with Professor Simons and Professor Mayeda, in 2013 he completed Integrating Sustainable Development into International Investment Treaties: A Guide for Developing Countries published by the Commonwealth Secretariat.
Professor VanDuzer is a co-chair of the Faculty’s International Law Group and an Adjunct Research Professor at the Norman Paterson School of International Affairs at Carleton University. In 2018, He received Common Law Section awards for Excellence in Teaching (English Program) and Public Engagement: Public Education and Outreach. Professor VanDuzer is very involved in mooting at the law school. He coaches the Foreign Direct Investment Moot team (with Professor Daimsis) and the Canadian Corporate/Securities Moot team (with Professor Vasudev).
- Business Organizations CML 2302A
- International Investment Law CML 3143
- Foreign Direct Investment Moot
- TradeLab International Economic Law Clinic CML 3385
- J. Anthony VanDuzer and Patrick Leblond, eds, Promoting and Managing International Investment: Toward an Integrated Policy Approach (London and New York: Routledge, forthcoming 2020)(co-author of three chapters).
- J. Anthony VanDuzer, The Law of Partnerships And Corporations, 4th ed (Toronto: Irwin, 2018).
- Mitchell McIness, Ian Kerr and J. Anthony VanDuzer, Managing the Law: Legal Aspects of Doing Business, 5th ed (Toronto: Prentice Hall Canada, 2017)(author of 6 chapters, pages 491-631).
- J. Anthony VanDuzer, Penelope Simons and Graham Mayeda, Integrating Sustainable Development into International Investment Agreements: A Guide for Developing Countries (London: Commonwealth Secretariat, 2013)(570 pages)(lead author and editor).
Selected Recent Publications
- "Using International Investment Agreements to Address Corporate Impunity for Human Rights Violations in Extractive Industries" – co-authored with Penelope Simons, in The Corporation in International, Transnational and Domestic Law and Governance – Canadian Perspectives on Globalized Rule of Law (CIGI, forthcoming 2020).
- "State-to-State Dispute Settlement under the USMCA: A missed opportunity? in Festchrift for Stephen Zamora, submitted and forthcoming 2019. Download from SSRN
- "Can international investment agreements be instruments of sustainable development? Capacity challenges for developing countries" in Building Legal Capacity for a More Inclusive Globalization: Barriers to and Best Practices for Integrating Developing Countries into the Maze of Global Economic Regulation, Joost Pauwelyn and Mengyi Wang, eds, submitted and forthcoming 2019. Download from SSRN
- “Full Protection and Security” in Encyclopedia of International Economic Law, Thomas Cottier and Krista Nadakavukaren Shefer eds (Elgar, 2017).
- “Canadian Investment Treaties with African Countries: What Do They Tell Us About Investment Treaty Making in Africa?” (2017) 18 Journal of World Investment and Trade 556-584. Download from SSRN
- “Compliance with Canada’s Trade and Investment Treaty Obligations: Addressing the Gap between Provincial Action and Federal Responsibility” (with Melanie Mallet), (2016) 54 Alberta Law Review 1. Download from SSRN
- "ISDS in CETA: Is it the Gold Standard" CD Howe Commentary 459 (2016). Download from SSRN
- “The Complex Relationship Between International Investment Law and Climate Change Initiatives: Exploring the Tension” in Panagiotis Delimatsis, ed. Research Handbook on Climate Change and Trade Law (part of the Edward Elgar’s Research Handbooks in Climate Law Series, 2016).
- “Sustainable Development Provisions in International Trade Treaties: What Lessons for International Investment Agreements?” in M Krajewski and Steffan Hindelang, eds, Shifting Paradigms In International Investment Law: More Balanced, Less Isolated, Diversified Approaches (Oxford University Press, 2016).
- “NAFTA’s Approach to Protecting Public Services: Fragmentary, Asymmetrical, Rigid and Limited” in M Krajewski, ed, Beyond the Single Market - External and International Dimensions of Services of General Interest in EU Law (Heidelberg: Springer, 2015). Download from SSRN
- “Could an Intergovernmental Agreement Make Canadian Treaty Commitments More Credible in Areas within Provincial Jurisdiction” (2013) 68 International Journal 536-544.
- “A Critical Look at the Prospects for Robust Rules for Domestic Regulation of Services in Preferential Trading Agreements” (2012) 39 Legal Issues of Economic Integration 29-49. Download from SSRN
- “Canada” in The Legal Protection of Foreign Investment: A Comparative Study, Wenhua Shan, ed. (Oxford and Portland: Hart Publishing, 2012) 173-240. Download from SSRN
- “APEC’s Role in Rationalizing International Investment Obligations” in Rationalizing International Investment Obligations” in Multilateralism and Regionalism in Global Economic Governance: Trade, Investment and Finance (Routledge: London and New York, 2011).
- “Canada's New National Security Review of Foreign Investments under the Investment Canada Act” (2010) Canadian Council of International Law Bulletin (1,500 words)(on line) Download from SSRN
- “Mixed Signals: What Recent Developments Tell US About Canadian Foreign Investment Policy” (2010) 10 Asper Review of International Business and Trade Law 247-267. Download from SSRN
- “BCE v. 1976 Debentureholders — The Supreme Court’s Hits and Misses in its Most Important Corporate Law Decision Since Peoples” (2010) 43 UBC Law Review 205-258. Download from SSRN
- “A Commonwealth Guide on International Investment Agreement Provisions Promoting Sustainable Development,” (2010) 72 Trade Hot Topics.
- “A Closer Look at Canada's Imminent Accession to the ICSID Convention” (2009) 35 Canadian Council of International Law Bulletin (with Anthony Daimsis). Download from SSRN
- “Dispute Resolution under NAFTA: Evolution and Stagnation” in Regional Economic Integration: ASEAN and Canadian Perspectives (ASEAN-Canada Forum 2008) (Institute for Southeast Asian Studies, Singapore, 2010).
- “Foreign Investment and Development: The Role of Domestic Policy and International Investment Agreements” in Commonwealth Finance Ministers’ Reference Report 2008 (London: Commonwealth Secretariat, 2008) (4 pages) (2500 words). Download from SSRN
- “Modeling International Investment Agreements for Economic Development” (with Penelope Simons and Graham Mayeda) in Bilateralism and Development: Emerging Trade Patterns, V. Qalo, ed. (London: Cameron May, 2008) 359-410 (lead author and editor).
- “Enhancing the Procedural Legitimacy of Investor-state Arbitration Through Transparency and Amicus Curiae Participation” in (2007) 52 McGill Law Journal 681-723 (SSRN's Top Ten download lists for Recent Hits IEL: Investment (Topic), IEL: Dispute Resolution (Topic); LC: Litigants & the Judiciary (Topic); and LSICL: International Arbitration (Topic), July 2008). Download from SSRN
- “Untangling Access to the Canadian Market for Foreign Legal Consultants and Foreign Law Firms” (2007) 15 Michigan State University Journal of International Law 697-721.
- “Emerging Transparency Requirements in Investor-State Arbitration” in The Organization of American States: Workshops on International Law (Canada 2005) (General Secretariat of the Organization of American States: Washington, 2006) at 149-172.
- “Navigating between the Poles: Unpacking the debate on the implications for development of GATS obligations relating to health and education services” in Reforming The World Trading System: Legitimacy, Efficiency And Democratic Governance (Oxford: Oxford, 2005) at 167-196; also published in Developing Countries in the Doha Round: WTO Decision-making Procedures and Negotiations on Trade in Agriculture and Services, E.-U. Petersmann, ed. (Florence: Robert Shuman Centre for Advanced Studies, 2005) at 291-327. Download from SSRN
- “Health, Education and Social Services: The Impact of the GATS in Canada (2005) Trade Policy Research at 303-497 plus appendices. Download from SSRN
- “The Canadian Preoccupation with NAFTA’s Impact on Health Care: An Non-issue, A Serious Issue, or Something In Between” in The First Decade of NAFTA: The Future of Free Trade in North America (New York: Transnational Publishers, 2004)(at 183-229).
- “The Challenge of the GATS for Transition Economies Seeking to Join the WTO,” (2004) 1 International Economic Policy 22-60.
- Introduction to the Law and Economics of Canadian International Investment Policy in Canada with Christopher Maule (International Trade Canada)(223 pages) (author of 5 of 6 chapters and general editor)(2004)
Supreme Court of Canada and Courts of Appeal
- McCormick v. Fasken Martineau DuMoulin LLP, 2014 SCC 39 (CanLII)
- Backman v. Canada,  1 SCR 367, 2001 SCC 10 (CanLII)
- Canada v. Neuman,  1 FCR 79, 1996 CanLII 4085 (FCA) (CanLII)
- Enerkem Alberta Biofuels c. Papillon et Fils ltée, 2019 QCCA 1334 (CanLII)
- Amack v. Wishewan, 2015 ABCA 147 (CanLII)
- Allard c. Myhill, 2012 QCCA 2014 (CanLII)
- Security National Insurance Company v. Markel Insurance Company, 2012 ONCA 683 (CanLII)
- Globex Foreign Exchange Corp. v. Launt, 2011 NSCA 67 (CanLII)
- Prince Albert Co-operative Association Limited v. Rybka, 2010 SKCA 144 (CanLII)
- Société sylvicole de l'Outaouais c. Rasmussen, 2005 QCCA 729 (CanLII)
- Nieuwesteeg v Ehman, 2019 BCSC 72 (CanLII)
- Navarro v Aventur Energy Corporation, 2018 BCSC 1423 (CanLII)
- Central Disposal Services Limited v. Pardy's Waste Management and Industrial Services Limited, 2017 CanLII 21795 (NL SC)
- 1414391 Ontario Ltd. v George Graff, 2017 ONSC 2378 (CanLII)
- Organisme d’autoréglementation du courtage immobilier du Québec c De Jonge, 2015 CanLII 14556 (QC OACIQ)
- 4187440 Canada Inc. v. The Physio Clinic Ltd., 2014 NSSC 214 (CanLII)
- First West Credit Union v. Giesbrecht, 2014 BCSC 736 (CanLII)
- Kim v. Trump, 2014 ONSC 2129 (CanLII)
- Brander v. Backstage Bar and Grill Inc, 2014 CanLII 2325 (ON SCSM)
- Burns Estate v. P. Burns Resources Limited, 2013 ABQB 249 (CanLII)
- WCAT-2013-00420 (Re), 2013 CanLII 37280 (BC WCAT)
- Elbow River Marketing Limited Partnership v. Canada Clean Fuels Inc., 2012 ABQB 277 (CanLII)
- Leclerc c. Labrie Savard et Comptabilité Express Inc., 2011 NBBR 124 (CanLII)
- Fourney v. The Queen, 2011 TCC 520 (CanLII)
- Orr v. Metropolitan Toronto Condominium Corporation No. 1056, 2011 CanLII 66010 (ON SC)
- 681210 Alberta Ltd. (Okotoks Cinemas) v. Hunter, 2011 ABQB 320 (CanLII)
- Grey & Bruce Mutual Insurance Company v. MacKinnon Plumbing & Heating, 2009 CanLII 71714 (ON SC)
- National Bank of Canada c. Weir, 2009 QCCS 5688 (CanLII),
- Allen v. Aspen Group Resources Corporation, 2009 CanLII 67668 (ON SC)
- Salah v. Timothy’s Coffees of the World Inc., 2009 CanLII 58066 (ON SC)
- Moore v. Hip Interactive Corp., 2008 CanLII 63215 (ON SC)
- Red Burrito Ltd. v. Hussain, 2007 BCSC 1277 (CanLII)
- Cummins v. Silverman Oilfield Services Ltd., 2007 SKQB 228 (CanLII)
- WCAT-2006-00947 (Re), 2006 CanLII 82730 (BC WCAT)
- Fullowka et al v. Royal Oak Ventures Inc. et al, 2004 NWTSC 66 (CanLII)
- Bellows v. Quik Cash Ltd, 2004 NLSCTD 191 (CanLII)
- Le Car and Dusty Roads, 2004 NSSC 75 (CanLII)
- Desjardins Ducharme Stein Monast v. Empress Jewellery (Canada) Inc., 2004 CanLII 15737 (QC CS)
- Re Western Tire Shredders Inc. (Bankrupt), 2003 ABQB 900 (CanLII)
- Wilson v. Servier Canada Inc., 2003 CanLII 35809 (ON SC)