My articles

These publications deal with a variety of damages-related topics. I have sorted them by broad area of topic.

As with everything I write (including this blog), these represent my personal views and not those of my firm as a whole or my partners and colleagues.

Franchise rescission:

• "Section 6(6) Damages under the Wishart Act" ABA Franchise Law Journal (this piece, which I wrote with Jonathan Mesiano-Crookston) received the 2014 Markus Cohen Q.C. Memorial Award from the Ontario Bar Association's Franchise Law section).
• "Clarifying financial remedies under the Arthur Wishart Act (Lawyers Weekly, May 13, 2011) 

Personal injury:

• “Calculating Sports Star Damages” (with Matt Mulholland), (Lawyers Weekly, December 18, 2015)
• "Remarriage and the Wrongful Death Equation" (with Rehana Moosa) (Lawyers Weekly, September 12, 2014)
• "Capital asset approach to personal injury damages" (Lawyers Weekly, May 2, 2014)
• "Personal Injury and the Self Employed - A Business Valuation Perspective on Labour, Capital and Everything in Between, Journal of Business Valuation (2013)
• "Real Injuries, False Returns (Lawyers Weekly, September 7, 2012)

Intellectual Property

• "Financial Remedies in Intellectual Property Disputes: Requests for Information and Discovery Questions", in Paul V. Lomic, Intellectual Property Litigation - Forms and Precedents, LexisNexis (2016)
• “Damages under Section 8 of the Patented Medicine (Notice of Compliance) Regulations: The Financial Consequences of a Statutory Injunction”, (co-authored with Jonathan Mesiano-Crookston) Canadian Intellectual Property Review 31:1 (2015)
• “Federal court examines impact of available alternative technologies” (with Mark Gain), (Lawyers Weekly, September 18, 2015)
• "Calculated Risk: A $75M Award Adds Urgency to Pre-Judgment Interest Considerations" (Lawyers Weekly, May 29, 2015)
• "Court Breaks with Apportionment (Lawyers Weekly, March 14, 2014)
• "A New Take on the Accounting of Profits Remedy (Lawyers Weekly, November 22, 2013) (The article actually discusses infringement damages, not the accounting of profits remedy. I don't write the titles)

 Commercial Litigation (general) 

• "Adding up the damage - Lost profits vs. Business Value (Lawyers Weekly, January 30, 2015)
• "Aggregate Damages - Doing the Math: Ontario case offers rare guidance on class action damage awards", (co-authored with Shane Murphy of Sotos LLP) (Lawyers Weekly, December 5, 2014)
• "Calculating the Cost of Time and Labour (Lawyers Weekly, August 30, 2013)

Fraud/Investigative Accounting

• "Who's Responsible for that Bounced Cheque" (Lawyers Weekly, July 18, 2014)

Restricted Stock Valuation  

• "Valuing Restricted Shares and Restricted Share Units", Journal of Business Valuation (2014) (this contains all four of the pieces that appears in the Money and Family Law newsletter - see below:
• Stulberg_Restricted StockII
• Stulberg_Restricted StocK III 
• Stulberg_Restricted StockIV