Sneak Preview: Upcoming LESA Programs

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Sneak Preview: Upcoming LESA Programs
Apr 072017
 

Have you heard? We’ve got 2 upcoming programs you won’t want to miss!

  • Commercial Leasing Challenges
  • Criminal Advocacy: Sentencing

Commercial Leasing Challenges

Commercial leasing is increasingly complex. Join program chair Kevin W. Keyes for Commercial Leasing Challenges in Edmonton (June 6) or in Calgary (June 8).

Presenters

Discover practical, useful strategies for handling some of the most pressing issues currently arising in commercial leases with experienced panelists from across the province.

Honourable Justice J.S. Little | Court of Queen’s Bench
David J. Heibert | Witten LLP
Douglas J. Hughes | Bishop & McKenzie LLP
S. Wayne Johnson | Bishop & McKenzie LLP
Gregory A. Liakopoulos | Bennett Jones LLP
Barrie F. Pomerance | Borden Ladner Gervais LLP

 

Discussion Topics

Gain practical tips and strategies you can use to provide more competent and confident advice to your clients.

  • Discuss risk management, damage and destruction, and catastrophic loss in relation to commercial leases.
  • Review operating costs and the allocation of common area maintenance costs.
  • Analyze landlord waivers, postponements, and subordinations in lending transactions.
  • Explore how to blend, amend, and extend rent in restructuring commercial leases.
  • Examine and identify subleasing, assignments, lease takeovers, and wrap-leases.
Register Online

Register online to attend Commercial Leasing Challenges in Edmonton (June 6) or in Calgary (June 8). Keep an eye out for the program brochure – coming soon!


Criminal Advocacy: Sentencing

Join program chair Karen E. Hewitt QC for Criminal Advocacy: Sentencing in Edmonton (June 3) or in Calgary (June 10). Engage in a comprehensive review of substantive law, use of evidence, and procedural issues relating to the use of Gladue factors in sentencing, bail, and Charter-based decisions.

Presenters

Don’t miss the opportunity to learn from and network with seasoned practitioners.

Hon. Justice B.A. Browne | Court of Queen’s Bench of Alberta
Dr. Patti LaBoucane-Benson | Native Counseling Services Alberta | (Edmonton Session)
Notasha Lake | Provincial Gladue Report Coordinator
Jackson Mirasty | Gladue Report Writer
Nicole J. Stewart | Pringle Chivers Sparks Teskey | (Calgary Session)
Lindsay Tate | Pringle Chivers Sparks Teskey | (Edmonton Session)

Discussion Topics

Develop insight regarding the use of Gladue factors and evidence from the points of view of the Crown, the Defence, Gladue Report Writers, and the Bench.

Discover:

  • when Gladue factors do and do not apply;
  • the differences between Urban and Reserve Gladue factors;
  • how to speak to Gladue factors under short timeframes – without a Gladue report;
  • different and creative approaches for addressing Gladue factors;
  • how to craft a fit sentence considering resources, context, and the right “fit”; and
  • the practical and procedural considerations to make when preparing your case in anticipation of Gladue-focused evidence.

NOTE: This seminar forms part of the Criminal Advocacy Series Certificate.

Register Online

Register online to attend Criminal Advocacy: Sentencing in Edmonton (June 3) or in Calgary (June 10). Keep an eye out for the program brochure – coming soon!

Apr 032017
 

April Upcoming Legal Events

Discover what legal events are coming up this April, from LESA programming, to CPLED, and more.


LESA Programming

Child and Spousal Support 2017 | Edmonton, April 4 | Calgary, April 11
Gain an in-depth understanding of child and spousal support. Learn about the latest support developments, and discover practical strategies for addressing challenging issues. View the brochure for more details.

Estate Litigation Fundamentals | Edmonton, April 5 | Calgary, April 12
Cover the fundamentals of estate litigation and court practice, from applications, to chambers, to trial. Analyze common issues, and discover practical litigation strategies. Read the brochure for more information.

Rules of Court 2017 | Edmonton April, 6 | Calgary, April 20
Concrete knowledge of the Rules of Court is critical for every litigator. Revisit the “must-know” rules (including updates you might have missed), and discover practical tips for running effective litigation files. View the brochure to learn more.

Client Relationship Essentials | Edmonton, April 18
Clients are the foundation of most legal practices. Explore proven strategies and innovative ideas for developing strong relationships and communicating effectively with clients, for working effectively with challenging clients, and for exceeding client expectations. View the brochure for program details.

Family Law: Chambers Advocacy and Practice Pointers | Red Deer, April 21
In family law, critical points of dispute are frequently resolved in chambers. Discover insightful approaches to successful chambers advocacy and practice-oriented tips to use in addressing common issues that arise in chambers applications. Read the brochure for details.

CPLED

The reserve period for the 2016/2017 CPLED Program year is now underway. Contact Craig Edhart, Student Coordinator for more information or visit our CPLED for Students page.

Legal Community Events

PACC
The National Privacy and Data Governance Congress is happening this April 5–7 in Calgary. This year’s Congress theme – A World of Change – will focus on the most critical and timely privacy and data protection issues facing organizations today: those that foretell significant consequences for employers, employees, and policy makers. Read the agenda for details on this year’s Congress content.

The Alberta Lawyers’ Assistance Society (ASSIST)
ASSIST is holding their Annual General Meeting on Wednesday, April 5. Click here for more details.
• Assist’s New Parents’ Peer Support session runs in Edmonton on April 11. This free-of-cost session gives new and expecting parents the opportunity to discuss their journeys while juggling the demands of practicing law. Click here for more details.

Program Feature – Corporate Procedure Fundamentals

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Program Feature – Corporate Procedure Fundamentals
Mar 312017
 

Corporate Procedure Fundamentals

Join seminar chair Kirsty Sklar for Corporate Procedure Fundamentals

Discuss how corporations are distinguished from other corporate structures, review basic corporate practices and procedures, and learn how to maintain a minute book (including how to properly fix an out-of-date one).


About the Program

We recently spoke with Kirsty to find out a bit more about this program. Here’s what she had to say.

At this program, we’re going to be covering various aspects of corporate procedures. The first presenter is Drew Broughton, who will be going over the nature and characteristics of different types of corporation ownership and management as well as the difference between the obligations and responsibilities of directors, officers, and shareholders. We’re also going to have Lauren Toreson, who has some really good insight on specific questions you should be asking when you are incorporating a company. Lisa Lorenzo, one of our corporate services managers – who has been a paralegal and has extensive experience in our firm – is going to presentat on minute book best practices and the required filings with CORES. Michael Flach is going to be discussing shareholder agreements and some common pitfalls and tips for drafting. Sandra Malcolm is going to be speaking about the various forms of corporate acquisitions and reorganizations that can occur. Lastly, we have Sydney Abougoush, who is going to talk about some of key issues that we’re currently seeing in this area.”

Kirsty also told us why she thinks this program is valuable.

I think this program is going to be valuable for anyone who practices in the area of corporate law and would like to dive deeper. The presenters are specialists in the area of corporate law, and I am interested to hear what they have to say in their particular area of expertise. The presentation on Unanimous Shareholder Agreements (USAs) and on Corporations will have practical, useful checklists that attendees will be able to take back with them to the office for future use.”

Register Online

Don’t miss the opportunity to dive deeper into corporate procedures with experienced panelists. Join us for Corporate Procedure Fundamentals in Edmonton (May 3) or in Calgary (May 10).

Program Feature – Cultural Competence, Diversity, and Inclusion

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Program Feature – Cultural Competence, Diversity, and Inclusion
Mar 292017
 

Cultural Competence, Diversity, and Inclusion

Organizations worldwide continue to ask questions about unconscious bias – how do biases affect business results, organizational structure, internal and external communications, client relations, etc.?

More importantly, organizations are looking for the answer to this key question: How do we manage and minimize the negative effects of unconscious bias in the workplace?

Join program Instructor Shakil Choudhury (Anima Leadership) on May 11 (Calgary) or on May 12 (Edmonton) for Cultural Competence, Diversity, and Inclusion. Increase your cultural competence skills, develop bias awareness, and identify potential cultural awareness blind spots.


About the Presenter

Shakil is a diversity and leadership consultant with more than 20 years’ experience leading and building teams locally, nationally, and internationally. An award-winning educator and author of Deep Diversity: Overcoming Us vs. Them, he specializes in anti-discrimination and equity issues, conflict resolution, and emotional intelligence.

In a recent interview, we spoke with Shakil who told us why he is excited about this program.

A number of things excite me about this program. There are a lot of problems that seem intractable, such as bias involving race, ethnicity, sexism, etc. The Deep Diversity approach is hopeful because it starts with the ways in which we as a human species function. This approach is built on a foundation of justice and compassion, with an intersection of psychology, biology, and sociology. This approach has a lot of practical applications that people will be able to use in their personal and professional lives. The Deep Diversity approach has been proven to support the trajectory towards more fairness and democracy in society as a whole as well as in the context of organizations.”

Sneak Preview

Shakil also gave us a sneak preview of what you can expect from this program. Here’s what he had to say.

What topics will you cover in this program?

The main topic I will be discussing is the role of unconscious bias and emotions in our day-to-day judgments. When it comes to race, ethnicity, gender, sexual orientation, etc., there are a lot of things that happen under the radar of awareness. This impacts the decisions we make and outcomes in the broader world.”

What will attendees will find most beneficial about this program?

First, attendees are going to recognize how much the unconscious mind affects our day-to-day lives. In the context of the legal profession, we’re going to learn that we may not be as objective as we think and that even though we are well-intentioned, thoughtful, and egalitarian in our perspectives, there are all kinds of decision-making biases that directly impact our personal and professional lives. People are also going to walk away with some information about themselves and about the human condition. For those of us who care about fairness and wanting to be objective, it starts by acknowledging that we have biases and we are affected by other people’s identities and by our own identity.

What are some of the key takeaways attendees will gain from this program?

Attendees will come away with a better understanding of three key ideas. First, they will gain a better understanding about how unconscious bias functions in our professional and personal interactions. Second, attendees will leave with a heightened sense of awareness of how to identify the impacts of bias and how the identity of clients, co-workers, and other professionals may be affecting their judgment. Third, attendees will better understand how to reduce bias in the decision-making process and in their professional lives.

Register Online

Learn the role of the unconscious mind in human interactions and how this results in micro-inequities in workplaces, the legal profession, and society at large. Discover and contextualize implicit bias theory, explore the concepts of emotional intelligence and its role in uncovering unconscious bias, discuss bias reduction strategies, and more. Register online to attend Cultural Competence, Diversity, and Inclusion on May 11 (Calgary) or May 12 (Edmonton).


Volunteers are integral to the success of every Legal Education Society of Alberta program. Thank you for dedicating your time, talent, and energy in service of Alberta articling students, lawyers, and their staff. We appreciate your effort and commitment and are proud to have you as partners in our mutual pursuit of continuing legal excellence.

Program Feature – Foreclosures Fundamentals

 Calgary, Edmonton, Legal News: Alberta, News, Upcoming Seminars  Comments Off on Program Feature – Foreclosures Fundamentals
Mar 282017
 

Foreclosures Fundamentals

Join seminar chair Denise Hendrix in Edmonton (May 18) or in Calgary (May 23) for Foreclosures Fundamentals. Review the substantive and procedural issues involved in the foreclosure process. Understand foreclosure proceeding priorities, foreclosure orders, and strategic options.


Discussion Topics

We recently spoke with Denise to learn more about this program, here’s what she had to say about the topics that will be covered.

We’ve got a great group of people who will be talking about the foreclosure process from A to Z. They will discuss the unique circumstances you may deal with in a foreclosure, such as condominium separation, homeowner associations, dealing with difficult self-represented litigants, and more. At the end, I’m going to lead a general question and answer period dealing with what we seek in court and why. We want to give people who don’t practice in the area a basic knowledge of the foreclosure process, and for those that do practice in the area, we want to give them a bit of a refresher on some of the unique issues we face.”

Discover the foundational aspects of the foreclosures process with seasoned professionals.

  • Follow the Yellow Brick Road: A Guide Through the Foreclosure Process | Ksena Court and Francis Taman
  • Condominium Corporations and Homeowners Associations: Priorities, Procedures, and Pitfalls | Stephanie Whyte
  • A Delicate Balance: Strategies for Dealing with Self-Represented Litigants | Kyle Kawanami
  • Money in Court: Money You Never Knew You Had and How to Get It | Jim Reich
  • Other Foreclosure Related Issues and Steps | Douglas Gahn QC
  • Foreclosure Remedies: You’ve Received a Motion Package, Now What? | Denise Hendrix

Sneak Preview

Denise gave us a sneak preview of her discussion topic, and here’s what we found out.

As lawyers, we represent a subsequent encumbrance on title. With a foreclosure, while there is a plaintiff and defendant, there really isn’t an adversarial process. The law is very clear on what happens and why, the steps that we take, and what the considerations are when we take those steps. The process is pretty straight forward, but the nuances about what to do when you get those packages are what I want to teach people about. I want to give people a chance to understand why we do what we do and why we don’t do some things that happen in other litigation processes. I want people to gain a better understanding of what slows down our process, what speeds it up, and how we can deal with these situations equitably for everybody.

Denise also told us why she is excited about this program.

I always love the opportunity to teach. My first degree is in education, so it is a passion of mine, but I also love to make sure that the bar as a whole is educated about what happens in foreclosures. Other parts of litigation are very adversarial and this doesn’t need to be.”

Register Online

Register online to attend Foreclosures Fundamentals in Edmonton (May 18) or in Calgary (May 23), and discover key aspects of the foreclosure process to enhance your practice.

Register on or before April 4 to take advantage of our Early Bird pricing.

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.

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 – 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.

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).