Legal News Blog

Program Feature – Civil Advocacy Series: Evidence

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Program Feature – Civil Advocacy Series: Evidence
Mar 202017
 

Civil Advocacy Series: Evidence

Examine foundational matters and current updates to the rules of evidence to enhance your skills in effectively leading evidence at trial. Join program chair the Honourable Justice R.A. Graesser and expert panelists in Edmonton (May 2) or in Calgary (May 4) for Civil Advocacy Series: Evidence.

Sneak Preview

We recently spoke to the Honourable Justice R.A. Graesser to get a sneak preview of this program. Here’s what he had to say.

What topics will be covered at this program?

This program addresses the key aspects that civil litigators should know about the rules of evidence. The topics include how to properly cross-examine – bringing into play the old Browne v Dunn (1893) Rules; how to deal with hearsay evidence – referencing the R v Khan, [1990] and R v Khelawon, [2006] line of cases; [and more]. I think the program will give people a better understanding of where the courts and the law are at on taking judicial notice.”

What do you think attendees will find most beneficial about this program?

I think this program will open their eyes to some areas of evidence that they probably haven’t given much thought too. I think some of what’s going to be covered will come as news to people in civil litigation. This is going to be a very practical program.”

Can you tell me about the panel?

I thought it might be interesting to have the program led by people who teach the Rules. We’ve got Prof. Lisa Silver (University of Calgary), who is the evidence Prof. down there. We’ve got the Honourable Justice W.N. Renke (Court of Queen’s Bench of Alberta), who used to be the evidence Prof. at the University of Alberta. We also have Judges who enforce the rules of evidence, who will discuss the practical application of the theories presented by the Professor and former Professor. The Honourable Justice K.P. Feehan (Court of Queen’s Bench of Alberta) has a wealth of knowledge as a civil litigator. He will speak to the practical side of things. Lastly, we have the Honourable Judge M.J. Durant (Provincial Court of Alberta) to address practical applications as well.”

Register Online

Don’t miss the opportunity to review and discuss the rules of evidence with experienced panelists. Register online for Civil Advocacy Series: Evidence to attend in Edmonton (May 2) or in Calgary (May 4)Register on or before April 4 to take advantage of our Early Bird pricing.

Family Law: Chambers Advocacy and Practice Pointers

 LESA Update, News, Upcoming Seminars  Comments Off on Family Law: Chambers Advocacy and Practice Pointers
Mar 162017
 

Family Law: Chambers Advocacy and Practice Pointers

This April 21 (Red Deer), join program chair Bud Melnyk and experienced panelists for Family Law: Chambers Advocacy and Practice Pointers. Discover insightful approaches to successful chambers advocacy and practice-oriented tips for addressing common issues that arise in chambers applications.

Q & A

In a recent interview, we spoke with Bud to find out more about this program. Here’s what he had to say.

Can you tell me about the topics that are going to be covered at this program?

The general purpose of this program is to deal with topics of interest for people that are involved in regular family law chambers applications, which – right now – dominate the family law landscape. We’re going to be dealing with everything from contested chambers applications, special chambers applications, and how to deal with self-represented parties, onwards to protections orders, case management, and Maintenance Enforcement Program (MEP) matters. We plan to provide some hands-on, practical approaches for dealing with chambers matters.”

What will attendees find most beneficial about this program?

It’s our hope that attendees will come away feeling that they have obtained new information in terms of ways for managing chambers matters, how to handle applications, and how to handle some of the issues that arise.”

Can you tell me about the panel that has been brought together for this program?

We’ve put together a panel that has a lot of experience in family chambers matters. We’ve also obtained people from MEP to come and speak on issues pertaining to that program and have recently confirmed Justice M.R. Bast as a panel member. We are looking forward to hearing what Justice Bast has to say from the bench’s perspective.”

What will be the key program takeaway?

This is a practice orientated seminar, providing attendees with practice pointers and ways of dealing with matters that they may not have considered. My hope is that we will have a lot of discussion between the group and the panel regarding practical issues.”

What excites you about this program?

I am anxious and excited to hear what my co-presenters have to say about some of these issues, and I expect to get a lot out of this myself. I know that Justice Bast will have a lot of valuable comments. She is on the panel to provide feedback to anyone who has questions.”

Register Online

Don’t miss the opportunity to get tips that will enhance your practice. Join us for Family Law: Chambers Advocacy and Practice Pointers on April 21 (Red Deer).

We look forward to seeing you there!

50th Annual Refresher: Transactions Sessions

 LESA Update, News, Upcoming Seminars  Comments Off on 50th Annual Refresher: Transactions Sessions
Mar 142017
 

Transactions Sessions

We couldn’t be more excited for the 50th Annual Refresher: Practice Excellence, so we got the inside scoop on our Transactions sessions from Sessional Chair, Leanne C. Krawchuk.

Leanne is a partner at Denton’s Canada in Edmonton and focuses on commercial transactions dealing largely with mergers and acquisitions. Recognized by Best Lawyers as one of Canada’s leading lawyers in the areas of Construction Law (2014–2017), Corporate and Commercial Litigation (2013–2017), Mergers and Acquisitions Law (2013–2017), Mining Law (2015-2017), and Securities Law (2014-2017), Leanne has made a strong impact on Alberta’s legal community.

In a recent interview, Leanne told us why she is excited to be a part of this year’s conference. Here’s what she had to say.

Over the last number of years, I have been a speaker at various LESA events, and I thought it would be really interesting to develop the content for the Transactional breakout sessions. I am a passionate corporate lawyer, and I really wanted to take a look at these sessions from a practitioner’s perspective. I think we’ve got a fantastic group of speakers, and I’m really excited to be introducing them.”

Learn more about each of the Transactions Sessions.

  • Risky Business: A Look at the Allocation of Risk in Commercial Transactions | Carolyn A. Wright
  • Reviewing and Negotiating Non-Disclosure Agreements – Tips and Traps | Ross W. Swanson
  • Implications and Applications of the Supreme Court of Canada’s New Principle of Good Faith and Duty of Honesty in Contractual Performance | Leanne C. Krawchuk & Prof. Shannon O’Byrne
  • Purchase Price Adjustments in Share and Asset Transactions | William K. Jenkins

Happy reading!


Risky Business: A Look at the Allocation of Risk in Commercial Transactions | Carolyn A. Wright

About the Presenter

We’re very excited to have Carolyn speaking. Carolyn is a partner at Burnet, Duckworth & Palmer (BDP) LLP, and her practice focuses on energy and commercial transactions as well as aboriginal law. She is also the Co-Leader of BDP’s Energy Business Unit, and that really dials into dealing with commercial agreements, corporate reorganizations, joint ventures and business combinations, as well as larger energy project development. Carolyn has also served in volunteer positions for the Calgary Bar Association and is currently the chair of Canadian Bar Association’s (Alberta Branch) Natural Resources section. Carolyn brings a deep understanding of the Calgary market of energy and commercial transactions and is going to be an excellent and engaging speaker.”

About the Session

Carolyn will be looking at how parties – whether they are vendors, purchasers, or counterparties – allocate risk in documents. She will be looking at contract drafting specifically, such as holdback provisions, escrow arrangements, security for payment or performance of obligations, and she is also going to be focusing on caps on liability, baskets for indemnity provisions, as well as providing her thoughts on other provisions and agreements that relate to risk.”

Session Takeaways

Attendees will be able to take away drafting techniques and will gain a better understanding of drafting commercial agreements when they go back to their office. Carolyn will also be discussing recent studies from the American Bar Association that give a very good overview of Canadian and American deals.”

Additional Session Information

This session is running Sunday, May 7, 2017. If you wish to attend this session, please note in the comments section upon registration checkout.


Reviewing and Negotiating Non-Disclosure Agreements – Tips and Traps | Ross W. Swanson

About the Presenter

Ross Swanson is a partner at Duncan and Craig LLP. He is the Co-Leader of their Business Solutions Practice Group and also practices in their Real Estate Practice Group. Ross focuses on acquisitions and divestitures and has expertise in the mid-market segment of deals. He also deals with corporate reorganization. In terms of his volunteerism, Ross has been the past chair of CBA’s National Business Law subsection, and he has also been a Treasurer of the Tax Law subsection. Ross is a member of the Association of Corporate Growth and serves as an Advisory Board Member of many middle-market companies. He was recently selected by his peers as a recipient of one of the Best Lawyers in Canada in the field of Corporate Law in 2016. It’s really exciting to have him here.”

About the Session

We were looking at negotiations in the context of an M&A transaction, including some of the key agreements that practitioners should be cognizant of. One of the documents we thought we should pay particular attention to was in relation to non-disclosure agreements. Non-disclosure agreements are often the first document that is negotiated between parties. We want to remind practitioners that they need to be careful of using a standard form for every transaction. They need to focus on the kind of information that is being disclosed, the appropriate kinds of exceptions to disclosures, and (in the context of a transaction when a purchaser might be a competitor) having a heightened sense of confidentiality when it relates to the competitor buying your business.”

Session Takeaways

Ross wants to ensure attendees understand that people view confidentiality agreements as important documents to negotiate. Attendees will also receive precedent language for their non-disclosure agreements to take back with them to the office.”

Additional Session Information

This session is running Sunday, May 7, 2017. If you wish to attend this session, please note in the comments section upon registration checkout.


Implications and Applications of the Supreme Court of Canada’s New Principle of Good Faith and Duty of Honesty in Contractual Performance | Leanne C. Krawchuk & Prof. Shannon O’Byrne

About the Presenters

“We are really excited to have a professor of law from the University of Alberta speaking at this session. She truly is a leader in terms of publishing and delivering papers in the areas of disclosure duties, good faith in contractual performance, and also economic justice. Professor O’Byrne was cited by the Supreme Court of Canada in its decision in Bhasin v Hrynew, 2014 SCC 71. In terms of her background, Professor O’Byrne currently teaches courses on contracts, corporate law, and remedies, and she also has won the best paper award from the Canadian Academy of Legal Studies and Business twice. She has won the Law Society of Alberta’s distinguished service award for Excellence in Legal Scholarship and has received many awards from the University of Alberta. Professor O’Byrne has also been awarded the highest teaching honour – the Rutherford Award for Excellence in Undergraduate Teaching. I was thrilled when she agreed to present at the 50th Annual Refresher.”

About the Session

“We are going to center around the decision, Bhasin v Hrynew, 2014 SCC 71. Professor O’Byrne’s presentation will provide the audience with an understanding of what the new Principle of Good Faith is in the performance of contracts. She will also explore the specific duty of honesty that is a manifestation of that principle. Professor O’Byrne will discuss the extent to which parties can contract out of the duty of honesty and will assess the impact of Bhasin on duties to negotiate in good faith in the context of renewal clauses. I will be presenting towards the end of this session on subsequent court decisions since Bhasin was released. In particular, I’m focusing on what the courts are saying in relation to drafting.”

Session Takeaway

Professor O’Byrne has published an excellent paper, which will be the main takeaway for session attendees.”

Additional Session Information

This session is running Monday, May 8, 2017. If you wish to attend this session, please note in the comments section upon registration checkout.


Purchase Price Adjustments in Share and Asset Transactions | William K. Jenkins

About the Presenter

“William (a.k.a. Bill) Jenkins is a Partner in Denton’s Calgary office, and he is the Co-Leader of Denton’s Mergers and Acquisitions team across Canada. He has advised many corporations and investment dealers on structuring and implementing mergers and acquisitions and is a member of the Law Societies of Alberta and Ontario. In terms of volunteerism, he is the past chair of the Securities Law Section of the CBA. He also received a client choice award in 2016 from the International Law Office with respect to M&A in Alberta. Bill has been recognized for many years as one of the Best Lawyers in Canada in the areas of Mergers and Acquisitions, Banking and Finance Law, Corporate Law, and Securities Law.”

About the Session

“Bill’s session is going to dovetail really nicely with Carolyn A. Wright’s Risky Business session. He is going to be focusing on purchase price adjustments both in share and asset transactions. Bill is not only going to be looking at adjustments on share and asset transactions but will also be speaking about commercial real estate. Some of the things he will focus on are working capital adjustments, earn-outs, and (in real estate) environmental holdbacks. He will also discuss his views on typical price adjustments, which include deposits as well. Bill will also explain to attendees how important it is to understand your client’s business objectives in order to address adjustments and holdbacks properly.”

Session Takeaway

“Bill will provide precedent language for a variety of typical price adjustments.”

Additional Session Information

This session is running Monday, May 8, 2017. If you wish to attend this session, please note in the comments section upon registration checkout.


Register Online

Join us for the 50th Annual Refresher this May 7–9 at the Fairmont Chateau Lake Louise. Read the conference brochure to learn more about this once-in-a-career event.

Register on.lesa.org/50years.

Program Feature: Estate Litigation Fundamentals

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Program Feature: Estate Litigation Fundamentals
Mar 132017
 

Estate Litigation FundamentalsReview the fundamentals of estate litigation and court practice – from questioning, to applications, to trial – in our upcoming program Estate Litigation Fundamentals.

Join seminar chair Françoise Belzil and seasoned panelists this April 5 (Edmonton) or April 12 (Calgary) to analyze common issues and discover practical litigation strategies.

Topics and Presenters

In a recent interview, we spoke with Françoise, who told us a bit about what to expect at this program. Here’s what she had to say.

The program starts with a broad overview of the procedural process. It covers accounting – which is such a significant part of estate litigation – and then drills down into the details and the advanced skills that you need to carry on these types of files. There are 4 main topics. The first is, An Overview of the Litigation Process in the Wills and Estates Context [Jennifer Lamb], and the second is a review of Accounting Applications [Malkit Atwal]. We think of Estate Litigation as being primarily the estate of a deceased person, but what we are seeing in the practice area is more litigation with respect to attorney’s acting pursuant to Powers of Attorney. The final two discussion topics are Questioning – Getting the Answers [Joseph T. Schuck] and Evidentiary Issues in Estate Litigation [Bruce Comba]. These delve a little bit more into the procedural aspects of Estate Litigation and are more generic in terms of pre-death or post-death. For questioning, Joseph is going to discuss why we go through the exercise of questioning, what we are trying to accomplish, and how we get there. With Evidentiary Issues in Estate Litigation, Bruce will review common evidentiary challenges and how the law responds to them.”

When asked about the program panel, Françoise delightedly responded,

I’m really impressed with the panel members. Each has established him or herself as a leading professional in the area and brings not just their legal knowledge, but their experience as well. Experience informs the development of all Litigators, regardless of their year of call.”

Program Benefits

Françoise let us know why she believes this program is beneficial for attendees. Here’s what she had to say.

This program combines a review of substantive legal principles with practical know-how. In developing this program, there was a view to have a beginning-to-end perspective of Estate Litigation, to remove some of the mystique, and to give a really good overview from beginning to end.”

When we asked Françoise why she is excited about this program, she told us that she is excited for attendees to have the opportunity note the various procedural and evidentiary challenges that differentiate Estate Litigation as a key subset of Litigation.

Register Online

Don’t miss the opportunity to discuss key issues and strategies with experienced panelists. Register online to attend Estate Litigation Fundamentals in Edmonton (April 5) or in Calgary (April 12).

We look forward to seeing you there!

Program Feature – Client Relationship Essentials

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Program Feature – Client Relationship Essentials
Mar 102017
 

Client Relationship Essentials

Clients are the foundation of most legal practices, so the relationship you form with your clients is monumental in the overall success and growth of your business.

Join seminar chair Kristin Ailsby and faculty for Client Relationship Essentials this April 18 (Edmonton) and April 19 (Calgary), and discover methods for maximizing client value to enhance your practice.

Question and Answer

In a recent interview, we spoke with Kristin to find out what makes this seminar unique and why you should attend. Here’s what she had to say.

Can you tell me about some of the topics that will be covered at this program?

Most LESA programs are usually focused on a particular area of law, which all have two things in common – a client who is keen to get good advice and a lawyer who wants to give great advice. This program is about the relationship between lawyers and clients. Our goal is to encourage lawyers to reconsider how they are delivering their service so that clients can maximize the takeaway.”

What do you think attendees will find most beneficial about this program?

The benefit of attending this program is that attendees are going to look at what they do and how to do it differently. It’s a creative invitation to look at the value we can offer to clients.”

Can you tell me a bit about the panel that has been put together for this program?

This panel is very different. First, we have Heather McKay [QC], who is an extremely competent, very experienced lawyer who has an exceptionally high standard of lawyering. She is presenting tips and strategies for giving clients exceptional service. Next is Katherine Kowalchuk, and she has an unconventional way of helping clients that is based out of a client care model. Her topic is designed to teach attendees how to assist clients through their litigation journey so they understand how they are contributing to the conflict and how to get around it. Lawyers don’t typically look at this introspective reflection about conflict. Then, we have Alexander Yiu who will discuss the concept of contemplative lawyering based on principles of mindfulness. Every time I hear him talk he presents very intuitive, sensible ways for managing your own client conflict experiences and maximizing their ability to manage conflict as well. Next, we have Catina Aronson, who is presenting on how lawyers can improve their client relationships by considering the contributions of support staff make. So much of our job is based on what our support staff contributes to us and our clients, and yet they don’t have a formal role for speaking about what we do. Finally, we have George Virtue [CPA, CA]. He is a managing partner of a very successful accounting firm in Southern Alberta. George became my business coach when I went on my own and established my firm. George has exceptional experience with maximizing client service, and he is going to talk about his approach to client relationships and the results he’s seen in his firm. George is going to invite lawyers to reconsider the value of client relationships.”

What will be some of the key program takeaways?

My goal is that attendees will leave this program being able to understand how clients feel and what they think about our advice so that they can adjust how they give that advice in the face of the client experience. I believe that as lawyers, we each have something different to offer to our clients. Yet, if clients are not able to articulate or understand what makes their lawyer great or amazing, then we are missing the mark. So, the takeaway – in large part – will be maximizing client service and ultimately your business growth.”

Register Online

Clients are the foundation of a successful practice. Find out how you can improve your client relations to grow your business. Register online to attend Client Relationship Essentials in Edmonton (April 18) or in Calgary (April 19).

Program Feature – Rules of Court 2017

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Program Feature – Rules of Court 2017
Mar 062017
 

Rules of Court 2017

It can be very challenging for litigators to stay up-to-date on recent developments of the Rules of Court.

Revisit the must-know rules (including updates you might have missed), and discover practical tips for using the Rules to run effective litigation matters.

Join us for Rules of Court 2017 on April 6 in Edmonton or on April 20 in Calgary.


Faculty and Topics

In a recent interview, we spoke to program chair, Gavin Price (JSS Barristers) , who spoke to the diversity of the program faculty. Here’s what he had to say.

I think the diverse panel and their experience are all very appealing. I’ve either worked opposite of or closely with 4 out of the 5 panelists, and all of them are talented and on top of their game. Ellery Lew [Witten LLP] has an engineering background; he is methodical, diligent, and has a unique approach to law. Darren Reed [Blake, Cassels & Graydon LLP] is one of the hardest working individuals I know – with a brain to match. Stacey Petriuk [JSS Barristers] is our managing partner and manages to tackle that and her practice with aplomb. Melanie Gaston [Osler, Hoskin & Harcourt LLP] has been a force of nature, previously at Blake’s and now at Osler’s. She and I are from the same graduating class about 15 years ago. Chelsey Bailey [Field LLP] I’ve gotten to know a bit more through this process and she is wonderful to deal with. She is on top of things, engaged, and interested. I think we’ve got a really strong panel.”

Gavin also gave us an overview of the topics that will be covered at this program and explained why he thinks this program is beneficial.

It is hard to keep up on the changes that happen with the Rules, so there is a real benefit to having the opportunity to hear from someone who has taken the time to review a particular rule, break it down, and make it current. We’re going to run the gamete from classic Rules like 4.33 and get practical advice from experienced and talented litigators.”

View the brochure for details on each presenter and topic discussion.

Register Online Today

Solidify your understanding of the Rules of Court. Review the rules you need to know, and discuss amendments and updates in depth.

Learn more than simply how to comply with the Rules – discover how to apply them to facilitate cost-effective, time-efficient resolutions and remedies. Register online to attend in Edmonton (April 6, 2017) or in Calgary (April 20, 2017).

March Upcoming Legal Events

 Calgary, CPLED, Edmonton, Legal News: Alberta, News, Upcoming Seminars  Comments Off on March Upcoming Legal Events
Mar 012017
 

March Upcoming Legal Events

This month, we’ve got a variety of upcoming legal events to offer Alberta’s legal community. Discover what programs we have to offer, learn important dates for the upcoming 2017/2018 CPLED Program year, and more.

LESA Programming

Capacity and Influence | EDMONTON: March 1, 2017 | CALGARY: March 8, 2017

Feel empowered to act appropriately when confronted with capacity or influence “red flags”. Learn how to assess capacity, recognize signs of influence or control, and determine which steps to take in those circumstances. Read the program brochure for more details. Register online today.

Buying and Selling a Business | EDMONTON: March 2, 2017 | CALGARY: March 9, 2017

Tackle issues and questions confidently, including pre-transaction considerations, structuring hybrid asset/share deals, and potential tax implications that arise in the purchase or sale of a private business. Get more details, and register online today.

Top 10+ (Things Every Lawyer Should Know) | EDMONTON: March 4, 2017

Lawyers are often called on to answer legal questions by clients, family, and friends in areas of practice outside their area of expertise. Learn how to competently answer the most common questions raised in multiple practice areas. Read the program brochure for more information. Register online today.

Drafting Wills and Trusts | CALGARY: March 7, 2017

Clear and concise language is critical when drafting wills and trusts. Improve your drafting skills, understand how to appropriately incorporate plain language, discuss common challenges, and review situation-specific sample clauses. Read the program brochure for details. Register online today.

Real Estate Essentials | EDMONTON: March 10, 2017 | CALGARY: March 17, 2017

Analyze common issues and mistakes, and discuss best practices for real estate matters. Learn practical tips to avoid Land Titles rejections, and to deal with trust conditions and trust accounting issues. Read the program brochure for more information. Register online today.

Intersection of Family and Criminal Law | CALGARY: March 11, 2017 | EDMONTON: March 18, 2017

Criminal issues sometimes arise in family law matters. Learn about protection orders, domestic violence issues, and cyber-related offences as they relate to custody, parenting, and reconciliation. Get program details, and register online today.

Immigration Fundamentals | CALGARY: March 14, 2017 | EDMONTON: March 23, 2017

Build a foundation in immigration law. Examine the basics of temporary study and work permits, the express entry program, family class immigration and refugee applications, and immigrant settlement procedures. Read the program brochure for more details. Register online today.

CPLED

2017/2018 CPLED ProgramRegistration for the 2017/2018 year opens today. You can view the CPLED Program Key Dates on.lesa.org/keydates for details about when the face-to-face sessions and online modules are running.

The registration deadline is May 31, 2017. Students who do not apply by this date are subject to a non-refundable late filing fee.

Visit our CPLED for Students website to find out what to expect from the CPLED Program and for other key information.

If you have any additional questions about the CPLED Program or the registration process, contact LESA’s Student Coordinator, Craig Edhart direct: 780.969.3554 or by email.

Legal Community Events

ASSIST

Alberta Lawyers' Assistance Society

  • LESA is proud to sponsor the upcoming Hand-to-Hand event featuring Olympian Clara Hughes on March 8, 2017. Join the Alberta Lawyers’ Assistance Society, CPA Assist, and the U of A Faculty of Law for an evening with Clara Hughes that will inspire you to live your best life. Click here for more details.
  • On March 8 from 11:30 AM to 1:30 PM, attend the free-of-cost New Parents’ Peer Support session. Discuss both the benefits and challenges of your journey while juggling the demands of practicing law with other new and expecting parents. Get more details.

Does Alberta Need a New Trustee Act?

 Legal News: Alberta, News  Comments Off on Does Alberta Need a New Trustee Act?
Feb 282017
 

Does Alberta Need a New Trustee Act?

The Alberta Law Reform Institute (ALRI) has just released their Final Report 109 with recommendations on implementing a new Trustee Act in Alberta. Details can be found at www.alri.ualberta.ca/.


ALRI recommends clear, simple, and comprehensible legislation with its latest publication, Final Report 109 – A New Trustee Act for Alberta.

What is a Trust?

Trusts are used by many Albertans as a way to manage property and assets, both before and after death. Having modern and clear rules for setting up and handling trusts is important to allow Albertans to manage and distribute their property. The current Trustee Act is outdated and has not kept pace with the modern world.

A Trustee Act Tailored for Alberta

ALRI has just released Final Report No. 109 – A New Trustee Act for Alberta. The Report sets out ALRI’s final recommendations for new trustee legislation in Alberta. While based on the Uniform Law Conference of Canada’s Uniform Trustee Act, 2012, ALRI has tailored its recommendations to reflect Alberta’s trusts law and practice.

Recommendations Based on Extensive Consultation

ALRI has relied on the exceptionable feedback from the trusts and estates bar in the province in crafting the final recommendations. The Final Report is distinctly better with input of those trusts professionals who assisted by completing surveys, writing or calling with comments, and participating in presentations and discussions.

The Trustee Act is long overdue for modernization. ALRI is hopeful that new trustee legislation based on its recommendations will be enacted.

ALRI invites you to review Final Report No. 109 – A New Trustee Act for Alberta.

Call for Programming Proposals 2017/2018

 LESA Update, News  Comments Off on Call for Programming Proposals 2017/2018
Feb 242017
 

Call for Programming ProposalsThe Legal Education Society of Alberta invites lawyers, members of the judiciary, academics, and other professionals to submit a brief proposal for possible future LESA programs and presentations.

The 1-page proposal should include:
• Submitter’s name, firm/organization, and year of call (if applicable)
• Submitter’s contact information
• Area of law of proposed topic (e.g. family law, wills & estates, civil litigation, criminal, cross-practice, etc.)
• Brief summary of proposed topic
• Suggested presentation format of proposed topic (e.g. skills-based workshop, seminar, webinar, etc.)
• Proposed learning outcomes (i.e. what attendees will be able to do differently as a result of attending the proposed program)


The submission deadline is 4:00 pm on March 10, 2017. Please submit proposals by email to Matt Sommerfeldt, Director of Education. The email subject line should state, “Call for Programming Proposals 2017/2018”.

We thank all submitters for their support of LESA’s mission to serve the spectrum of educational and professional development needs of Alberta’s lawyers, articling students, and their staff. Submission of a proposal does not guarantee that the proposal will be accepted or offered as proposed. LESA reserves the right to adapt, modify, and/or use all proposals at its sole discretion.

Program Feature – Capacity and Influence

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Program Feature – Capacity and Influence
Feb 232017
 

Capacity and Influence

Determining capacity issues at the outset of a relationship with a client is crucial for developing strategies for testamentary and inter vivos wealth transfers. Although this area of law is well understood, the delicate intricacies of undue influence provide a more difficult challenge.

Understanding how to screen for the different types of undue influence at the time documents are prepared and executed can greatly affect wealth transfer strategies later on.

Explore the law governing attacks based on suggestions of a lack of capacity and undue influence with this esteemed panel. Learn techniques for assessing and addressing specific scenarios.


Faculty and Discussion Topics

Join seminar chair John Poyser on March 1 (Edmonton) and March 8 (Calgary) for Capacity and Influence. Hone your skills and develop strategies for identifying and addressing issues related to capacity and undue influence.

Dr. Arlin Pachet | Pachet Assessment and Rehabilitation Services
Stan Rule | Sabey Rule LLP
Shelley E. Waite | McLeod Law LLP
Helen R. Ward | Duncan Craig LLP
Kimberly A. Whaley | WEL Partners

In a recent interview, we spoke to John Poyser about the program. Here’s what he had to say.

Transfers are frequently flawed for one of two reasons. The first reason would be that the person making the transfer does not have the necessary powers of mind to do so. Second, you have undue influence. The law generated a collection of legal tools to be used to challenge a transfer of wealth if there was pressure or improper conduct around the making of the transfer. That’s typically undue influence. At this seminar, we are going to take those various challenges to wealth transfer: capacity and undue influence in both such forms, inter vivos and testamentary.”

John also spoke about the diversity of the panel.

We have panelists from three different provinces: British Columbia, Ontario, and Alberta. We also have a mixture of expertise; 4 of the panelists are lawyers, one is a psychologist. Psychologist Dr. Arlin Pachet will be able to provide some very down to earth, nuts and bolts commentary on the ability of a psychologist to render opinions and conduct assessments, which could assist the court, not only dealing with capacity but also dealing with testamentary and inter vivos undue influence. Stan Rule from Sabey Rule LLP will provide a suggested template or guideline of best practices to consult. I think that what he is going to provide will be revolutionary for a lot of lawyers here in Alberta who would otherwise be unaware and be re-inventing the wheel, which has been thoroughly developed already in B.C. Another one of the presenters is Kimberly Whaley from Toronto. She’s part of a boutique law firm in Toronto and practices exclusively in estate and gift litigation. She is in a position to write a very good paper and can comment from a wealth of dedicated experience of multiple years in a boutique shop on exactly the issue of inter vivos undue influence from a litigation perspective. She has a reputation across Canada and has been in demand from coast to coast for a decade.

Program Benefits and Takeaways

John also told us what he thinks attendees will find beneficial about the program.

I think attendees will come away with a more significant and better defined understanding of capacity principals. Litigators will come out with a far better understanding of how to attack and defend wealth transfers. Solicitors are going to be far better at putting these transactions together in a way that they can’t be challenged afterwards and will be in a better position to protect their clients.
Finally, john told us what he’s most excited about in the upcoming program.

Here’s what John had to say about the program takeaways that attendees will receive.

There is very little available in Alberta and across Canada by way of practice guides or practice directions to deal with equitable undue influence or inter vivos gifting. So, there are checklists of plenty to be found here in testamentary transfers. What’s largely missing, a huge gap in the law, are practice codes that deal with inter vivos transfers by living individuals. Kimberly is going to be in a position to talk about that from a litigation perspective.

Register Online

Don’t miss out on the opportunity to learn from this incredibly diverse and experienced panel. Register today to attend Capacity and Influence on March 1 (Edmonton) or on March 8 (Calgary).