Jan 132017
 

Buying and Selling a Business

What strategies can I use to effectively close a purchase/sale?
What tax implications arise from asset, share, and hybrid deals?
What pre-transaction considerations must I take into account?


Uncover the answer to these questions and much more in our upcoming program Buying and Selling a Business March 2 (Edmonton) and March 9 (Calgary).

In a recent interview, we spoke with seminar chair Bryan C. Haynes who gave us an overview of what to expect at this program.

The theme of this program is buying and selling private businesses. These transactions can be quite complicated, as they involve a number of different issues, considerations, and skill sets. This program includes discussions about structuring considerations from a tax perspective; pre-transaction considerations, including confidentiality agreements, letters of intent, and regulatory approvals; and negotiating, reviewing, and drafting key terms of asset-purchase agreements. The program will also includes a timely topic – something we’ve seen more of recently – which is hybrid share/asset purchase agreements. There will also be a discussion on how to effectively close a purchase and sale transaction with effective use of closing agendas and execution of documents.”

Bryan also told us what excites him about this program. Here’s what he had to say.

I am very much looking forward to the live mock negotiation on the key terms of a share-purchase agreement. As chair, my goal is to create a discussion oriented, dynamic environment that will encourage discussion among the attendees and the faculty during the presentations. I think that a lot of interesting ideas will come out of those discussions and I think that will make this an engaging and interactive program.”

About the Faculty

Matthew Clark | Shea Nerland LLP
Kelly R. Ford | Bennett Jones LLP
Mark P. Kortbeek | Bennett Jones LLP
James T. McClary | Bennett Jones LLP
Maxine Mongeon | Gowling WLG (Canada) LLP
Leah M. Tolton | Dentons Canada LLP
Steve R. Will | Gowling WLG (Canada) LLP

Here’s what Bryan told us about the diversity of this experienced group of panelists.

We’ve got a very diverse panel that is representative of practitioners from small firms, to large law firms, and from associates to partners. The faculty was brought together on the basis of having relevant experience with respect to the subject matter and also with a view of diversity in mind. The faculty will be able to address aspects of purchasing and selling businesses that will be pertinent and relevant to lawyers working as in-house counsel and to practitioners in small or large law firms.”

Don’t miss the opportunity to engage with knowledgeable practitioners and to tackle issues and questions that arise in the purchase or sale of a private business.

Register Online

Read our program brochure to learn more about what this program has to offer. Register on or before January 19 to take advantage of early bird pricing.

Register for Buying and Selling a Business in Edmonton (March 2) or in Calgary (March 9).

We hope to see you there!

Assist Hand-to-Hand: Being Your Best

 Legal News: Alberta, News  Comments Off on Assist Hand-to-Hand: Being Your Best
Jan 062017
 

Hand-to-Handcpa-alberta-logou-of-a-faculty-of-law-logo

 

LESA is proud to be a sponsor of the upcoming Hand-to-Hand event featuring Olympian Clara Hughes.

Join the U of A Faculty of Law, Alberta Lawyers’ Assistance Society (Assist), and Chartered Professional Accountants (CPA) Assist on March 8 for a truly inspirational evening.

One of the most emergent stories in Canadian sports, six-time Olympic medalist, humanitarian, and motivator, Clara Hughes holds a distinctive vision, not only of what sport can be, but also of what it means to truly live your best life.

In her presentation, Open Heart, Open Mind, immerse yourself in Clara’s personal life-affirming story of her struggle with depression. Through physical and mental pain to a life where love and understanding can thrive, this revelatory and inspiring story is sure to touch the hearts of all attendees.

Additional Information

When: March 8, 2017
Where: Timms Centre for the Arts (87 Avenue 112 Street, Edmonton)
Price: Tickets are $120 (individual) and $100 (groups of eight or more). Register on or before January 16, 2017 to take advantage of Early Bird pricing.

Be inspired to live life to its fullest. Click here to learn more and to register online.

Top 10+ (Things Every Lawyer Should Know)

 Calgary, Edmonton, Legal News: Alberta, News, Upcoming Seminars  Comments Off on Top 10+ (Things Every Lawyer Should Know)
Jan 042017
 

Top 10 + (Things Every Lawyer Should Know)
Should I ever refuse to blow?
I want to leave someone out of my will, can I do that?
We are separating, should I leave the matrimonial home?


Lawyers are frequently asked to answer all kinds of different questions by friends, family, and clients, and it can be challenging to provide competent responses in all areas of the law.

Join the Honourable Justice D.L. Pentelechuk and distinguished panelists for Top 10 + (Things Every Lawyer Should Know) February 25 (Calgary) or March 4 (Edmonton). Discover answers to frequently asked questions in various areas of the law, including:
• Criminal Law,
• Wills and Estates,
• Family Law,
• Employment Law,
• Condo and Residential Tenancy Law,
• Debtor and Creditor Law,

And more…

Sneak Preview

In a recent interview, we spoke to seminar chair the Honourable Justice D.L. Pentelechuk, who gave us a sneak preview of what to look forward to in this program. Here are some of the key program takeaways and benefits you can look forward to.

I think [this program] will be a wonderful opportunity for lawyers to come out feeling well-rounded and in a position to more confidently and competently provide general information to their clients [and others]. This seminar is not in a paper format. One of the key takeaways is the ability for attendees to engage with the experts on the panel.”

The Honourable Justice D.L. Pentelechuk also spoke about the diversity of the panelists. Here’s what she had to say.

We have Doris Bonora (Dentons Canada LLP), our specialist in Wills and Estates, who has had a very robust career in that area. We have Lonny L. Balbi QC (Balbi & Company Legal Centre), who is based in Calgary and will be our Family Law specialist. He has a lot of speaking experience and brings a very energetic dynamic. We also have Michael Lema, with the Federal Department of Justice, who is a nationally recognized expert in the area of creditor and debtor law and matters involving CRA. Roberto Noce QC (Miller Thomson LLP), is well known for speaking widely in the area of condominium and residential tenancy law. In the area of Criminal Law, we have Kim Hardstaff (Beresh Aloneissi O’Neill) – a young, up-and-coming criminal defense lawyer – who will be talking about criminal matters. Finally, we have Daniel Scott (Seveny Scott), who will be talking about employment law. He is a very seasoned lecturer who has been the sessional lecturer of the year several times at the U of A Law School.”

Don’t miss the opportunity to engage with seasoned practitioners, and learn how to competently answer some of the most frequently raised questions across a broad spectrum of practice areas. As the Honourable Justice D.L. Pentelechuk notes, “This program has certainly proved to be a huge success in other jurisdictions. It’s a brand new venture for LESA, and I think it will be a particularly well received program.”

Register Online

Register online to attend Top 10 + (Things Every Lawyer Should Know).
February 25 (Calgary)
March 4 (Edmonton)

Register on or before January 19, 2017 to take advantage of our Early Bird discount.

Drafting Wills and Trusts

 Calgary, Edmonton, Legal News: Alberta, News, Upcoming Seminars  Comments Off on Drafting Wills and Trusts
Dec 192016
 

Drafting Wills and Trusts

Have you heard about our upcoming Drafting Wills and Trusts program?

In today’s blog we dive into detail with seminar chair Farha Salim (Field LLP). From topics, to takeaways, discover what you’ll learn in this comprehensive full-day program.
Edmonton (February 28)
Calgary (March 7)


Topics and Faculty

Join program chair Farha Salim and experienced faculty to review wills and trusts drafting from start to finish. From pitfalls, challenges, and unique considerations, to the discovery of plain language principles, and more – don’t miss the opportunity to learn from the pros and enhance your practice.

Barrie G. Broughton QC | North & Company LLP
Patricia L. Daunais QC | Daunais McKay + Harms
Derrick R. Hosanna | Felesky Flynn LLP
Barbara J. Kimmitt | Bennett Jones LLP
Lisa Statt Foy | Field LLP
S. Dane ZoBell | Felesky Flynn LLP

In a recent interview, Farha gave us the inside scoop on some of the topics that will be covered at this program. Here’s what she had to say.

The breadth of coverage will be estate planning for business owners – including from an agricultural business perspective. We will have the perspective of a matrimonial lawyer on some tips regarding matrimonial property from an estate planning perspective. We will also have coverage of drafting clauses in wills for unusual circumstances or unusual assets, a tax component regarding trusts in wills attribution, and we will be discussing planning for adult disabled beneficiaries.”

Benefits and Program Takeaways

Farha also shared some of the program benefits and takeaways.

The aim is to go a bit outside the box on conventional will or trust planning – to discuss situations that are a bit higher level and more unique or that require a greater degree of in-depth knowledge on particular topics. [Some of the key takeaways will be] issue identification and considerations for drafting around those issues. Attendees will learn strategies for using the initial interview with a client to extract the information needed to do a good job drafting and will also learn tools for drafting in unique, complex situations.”

Learn More and Register Online

View the program brochure for more details on this program. Register online to attend in:

Register on or before January 10 to take advantage of our Early Bird pricing.

 

MEA and ISOA Amendments

 Legal News: Alberta, Legislative Update, News  Comments Off on MEA and ISOA Amendments
Dec 152016
 

MEA and ISO Amendments

Amendments to the Maintenance Enforcement Act [MEA] and the Interjurisdictional Support Orders Act [ISOA] were made on November 22, 2016. These amendments affect collection of child and spousal support by the Maintenance Enforcement Program [MEP].


Amendment Highlights

  1. Further clarification of what occurs when a debtor applies for a stay of enforcement under the MEA. Effective November 23, 2016, unless the court directs otherwise, a stay has a duration of 9 months (increased from 3 months with the ability to extend for a further 6 months), is limited to arrears only, and does not apply to lump sum or one-time payments owed to the debtor. In the absence of specific direction in a stay, the MEP will continue to enforce ongoing support payments due and any related new arrears. There is also a new requirement that, prior to granting a stay, the court is satisfied that the debtor attempted to make a payment arrangement with MEP, or has provided reasons why a payment arrangement was not possible.
  2. A new requirement under the MEA that all clients keep contact information up-to-date with MEP, and that debtors also keep their employment, income, and other financial information current.
  3. Amendments to the ISOA which impact the interjurisdictional support order process. This includes clarifying choice of law provisions, expanding the definition of ‘support order’ to include administrative recalculations, reducing the amount of time for jurisdictions to respond to information requests by Alberta courts to 12 months, clarifying that an order made in Alberta is to be treated the same as an order registered in Alberta, and changing all references of ‘ordinarily resident’ to ‘habitually resident’ to align with 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

FAQ

Why is it important that I be aware of these changes? To be aware of the new legislative requirements the court must consider prior to granting a stay of enforcement.

What key information should I know about these changes? These changes were the result of consultation and engagement activities between Alberta’s MEP, other Canadian jurisdictions’ MEPs, and Alberta-based lawyers, judges, clients, and Government of Alberta ministries.

How will these legislative changes affect me/my practice? When there are no specific terms in a stay of enforcement order, MEP interprets the stay of enforcement as being granted in accordance with the new amended s 32 of the MEA.

Prior to the court granting a stay of enforcement, the debtor is now required to show to the court that he or she attempted to make a payment arrangement with MEP, or provide reasons why a payment arrangement could not be made. MEP anticipates this change will encourage debtors to make a payment arrangement with MEP and this will reduce the number of court applications. To assist the courts in making this determination, MEP provides debtors with a written explanation if a payment arrangement is not possible.

Is there any additional key information I should know regarding these changes? These amendments do not change the MEA’s provisions which indicate that a stay of enforcement does not affect MEP’s ability to issue the following collections actions: a Federal Support Deduction Notice, motor vehicle restriction and/or suspension, federal license denial, Land Titles registrations, and writs at the Personal Property Registry.


Click here for more information , or call the Maintenance Enforcement Program at 1.780.422.5555.

Toll-free in Alberta: 310-0000: select the Program’s lawyer line.

Program Feature – Contract Review and Clause Negotiaiton

 Calgary, Edmonton, Legal News: Alberta, News, Upcoming Seminars  Comments Off on Program Feature – Contract Review and Clause Negotiaiton
Dec 132016
 

Contract Review and Clause Negotiation

Attend Contract Review and Clause Negotiation on February 15 (Edmonton) or on February 23 (Calgary). Learn practical tips and strategies from experienced panelists, and enhance your practice.


About the Program

In a recent interview, we spoke with seminar chair Jonathan Coombs (Witten LLP, Edmonton), who gave us the inside scoop on this upcoming program. Here’s what he had to say about the topics that will be covered.

We are going to review a variety of clauses that may appear in contracts, some typical boilerplate clauses, and other clauses typically found in agreements that maybe shouldn’t be. We will also review some recent Supreme Court cases, looking at the effects that those cases may have on clauses you want to include or how you can amend older clauses to reflect the new laws.”

Don’t miss the opportunity to analyze common transactions through the lens of key cases, including:

  • Bhasin v Hrynew, 2014 SCC 71;
  • Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53;
  • Swift v Eleven Eleven Architecture Inc, 2014 ABCA 49; and
  • Payette v Guay Inc, 2013 SCC 45.

About the Presenters

Join Jonathan Coombs and distinguished panelists for this comprehensive, interactive, full-day program. Discover key clauses and boilerplate provisions as well as potential options for negotiation.

Rhonda M. Elder | Warren Sinclair LLP | Red Deer
Michael W. Jones | Stringam LLP |Fort McMurray & Lethbridge
John A. Brigidear | Carscallen LLP |Calgary
Sean R. MacLachlan | Carscallen LLP | Calgary

Here’s what Jonathan had to say about the diversity of the panel.

We cover Northern, Southern, and Central Alberta, and we have presenters from bigger city law firms down to small town law firms. I practice in Edmonton and have an office in Drayton Valley that I work out of as well, so I cover the big city and small town background. Rhonda Elder is from Central Alberta and practices out of Red Deer. Michael Jones practices out of Lethbridge and Fort McMurray, so he covers the far south and the far north of the province. John Brigidear and Sean MacLachlan both practice out of a Calgary law firm, so we all cover different parts of the province.

Program Benefits and Takeaways

We asked Jonathan what attendees would find beneficial about the program and about some of the key program takeaways. Here’s a sneak preview of what you can look forward to.

Attendees will come away with knowledge of some recent case law that will affect their contract review and drafting. They will also come away with some practical applications for how to negotiate a contract. We’d like to get some hands on participation and involvement from the audience members as well, and plan to have some sample wording for some of the key clauses and boilerplate provisions that people can take away with them.”

Register Online

Reserve your spot in Contract Review and Clause Negotiation. Register online to attend in:

**Register on or before January 10, 2017 to take advantage of our Early Bird pricing.**

Distinguished Service Awards

 Legal News: Alberta, News  Comments Off on Distinguished Service Awards
Nov 282016
 

Distinguished Service Awards 2017Distinguished Service Awards 2017

Nominations for the 2017 Distinguished Service Awards are due this Wednesday, November 30, 2016. 

These prestigious awards, presented by the Law Society of Alberta and the Canadian Bar Association – Alberta, recognize Alberta lawyers for the remarkable contributions they provide.

Details

If you are a member of the legal profession, you may be eligible to submit a nomination in one of the following four categories:

  1. Legal Scholarship
  2. Pro Bono Legal Service
  3. Service to the Community
  4. Service to the Profession

The awards are chosen by a selection committee comprised of Law Society and Canadian Bar Association – Alberta Branch representatives and members of the legal/academic community. Awards recipients are chosen based on the following selection criteria:

  • role model for other lawyers,
  • dedication,
  • results achieved,
  • creativity,
  • initiative,
  • individual achievement,
  • obstacles overcome,
  • significance of achievement,
  • impact, and
  • effective contribution to the role of law in society.


Additional Information

Don’t miss the opportunity to be recognized for your hard work and dedication to Alberta’s legal community. Click here for more information.

If you have questions or concerns, contact:
Distinguished Service Awards
Canadian Bar Association – Alberta Branch
710, 777 – 8 Avenue SW
Calgary, AB T2P 3R5
P: 403.263.3707, F: 403.265.8581
mail@cba-alberta.org

 

 

Program Feature: Effective Legal Support

 Calgary, Edmonton, Legal News: Alberta, News, Upcoming Seminars  Comments Off on Program Feature: Effective Legal Support
Nov 242016
 

Effective Legal Support

Legal support staff are the backbone of a legal practice, and those with the knowledge and skill to facilitate efficient work practices can have a considerable effect on a firm’s success.

This January 17 (Edmonton) and 19 (Calgary), join program chair Michelle D. Millard, TEP and a distinguished panel for Effective Legal Support . Delve into strategies to more effectively utilize the talents and proficiencies of your legal support staff.


Who Should Attend?

This program is targeted to legal support staff from all practice areas interested in developing skills for providing more meaningful and effective legal support. Discover tools and strategies to effectively organize, prioritize, diarize, and learn to use office technology more efficiently.

This program may also be of interest to lawyers or office managers who supervise or train support staff. Uncover the role of support staff, including the many duties they perform, and explore various ways to work with your support staff to maximize the efficiency of your practice.

What You’ll Take Away

In a recent interview, we asked program chair, Michelle D. Millard what she thinks attendees will take away from this program. Here is what she had to say.

Participants will walk away having a better understanding of how to best provide legal assistance or use their legal assistants to become more efficient at their practice. This will allow the lawyer to practice more of the legal side and the legal assistant to add value by keeping things moving along smoothly. Participants will also be getting checklists that they will be able to use and refer to, and will walk away with pointers about different practices that other people follow.”

What Perspectives You’ll Gain

Learn practice management tips and strategies from distinguished panelists Ross G McLeod Q.C., Elizabeth Aspinall, Erica Banick, Bev Boyden, Bente Hallin, Kristine Jeffels, Aurora Lifeso, and Marvin Toy.

Here’s what Michelle had to say about the diversity of this panel and some of the perspectives you’ll gain.

We have a number of experienced legal assistants to speak about how and why an efficient practice benefits everyone. We also have a lawyer, who is very efficient in his practice, to address how to work most effectively with a legal assistant. Some outside parties will be participating as well and will be taking a bit more of a holistic perspective, offering solutions to make sure things run fairly, smoothly, and in accordance with the rules.”

Registration and Additional Information

Don’t miss the opportunity to learn tips for enhancing the efficiency of your practice. Register online to attend our Effective Legal Support program.

Take advantage of our Early Bird discount. Register on or before December 13, 2016, and receive $40 off the regular price.

Weekly Program Feature: Estate Administration Fundamentals

 Calgary, Edmonton, Legal News: Alberta, News, Upcoming Seminars  Comments Off on Weekly Program Feature: Estate Administration Fundamentals
Nov 092016
 

Estate Administration Fundamentals

Join program chair David J. Koski and experienced panel on November 30 (Edmonton) and December 7 (Calgary) for Estate Administration Fundamentals.

Learn the basics of estate administration, from the review of key documents and timelines, to some of the common issues lawyers face today, and more.


Benefits and Takeaways of this Program

In a recent interview, David shared some of the benefits of attending Estate Administration Fundamentals. Here’s what he had to say.

We have five practitioners who practice primarily in non-contentious estate administration matters. These matters are harder than they seem; there are a lot of work-arounds that the practitioner will need to deploy as they assist personal representatives with estate administration. With the eclectic wisdom of the panel, we will be able to provide some helpful tips and work-arounds for these matters.”

David also let us know why this program will be valuable for attendees.

There is more to the practice of non-contentious estate administration than people expect. There is a need for effective legal advice for personal representatives, and the process to follow isn’t always that clear. Those attending will have a better appreciation of what some of those challenges will be and learn some practical suggestions for negotiating themselves.”

Discussion Topics

Understand key aspects of estate administration. Review key documents and timelines, and explore the common issues lawyers face in a typical (non-contested) estate.

Here’s a sneak preview of what the faculty will be discussing during this seminar.

The faculty is composed of a number of practitioners with a fair amount of experience in this area. We will cover difficult grant applications, accounting applications, and share our perspectives on how the practicing lawyer can better manage their files and their client’s expectations, so administration can be a better experience for all.”

Register Online

Don’t miss the opportunity to deepen your understanding of estate administration. Reserve your spot today. Register online to attend in Edmonton (November 30) or Calgary (December 7).

For additional information, including program times, prices, locations, and more, view the brochure.

Update on Advance Care Planning Survey

 Legal News: Alberta, News  Comments Off on Update on Advance Care Planning Survey
Oct 282016
 

Advance Care Planning Collaborative Research & Innovation Opportunities Program

The Advance Care Planning Collaborative Research and Innovation Opportunities research program (ACP CRIO) greatly appreciates the support of the legal community – including LESA, the Law Society, and CBA – for this survey.

Thank you for providing information about ACP in your practices, barriers to assisting clients with ACP, and resources that might address these barriers.

These results have implications for practice change and greater interprofessional collaboration between the medical and legal communities. This infographic summarizes our preliminary findings and proposed next steps. Our final results and publications relating to the survey will be posted on www.acpcrio.org. We are planning to launch this survey in three additional provinces and in Australia in the coming year.

appendix-b-infographic