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 | Matt Anderson
  • 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 | Matt Anderson

About the Presenter

Matt Anderson is an associate in Duncan Craig LLP’s Business Solutions Group, joining their team in September of 2015. His practice focuses on Mergers and Acquisitions, Corporate Finance, Corporate Reorganizations, and Regulatory Compliance. Matt was called to the Ontario bar in 2010 and the New York bar the same year. He was called to the Alberta bar in December 2015.

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

We want 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

 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 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. 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).

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).

Program Feature – Immigration Fundamentals

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Program Feature – Immigration Fundamentals
Feb 032017
 

Immigration Fundamentals

Who is eligible for permanent residence in Canada? How can an H&C application offer redress to a foreign national? What factors do immigration authorities consider when granting a refugee claim?

Explore the answers to these questions and more in our upcoming program, Immigration Fundamentals.

Join seminar chair Mark Holthe and distinguished panelists on March 14 (Calgary) or on March 23 (Edmonton) to explore key immigration law topics. From temporary study and work permits and the express entry program, to family class immigration and refugee applications, immigrant
settlement procedures, and more.

Topics and Presenters

In a recent interview we spoke with Mark who told us a bit about the presenters and topics that will be discussed at this program. Here’s what he had to say.

We’ve got a group of really high caliber lawyers who have worked very hard to become knowledgeable and experienced in their field. Most of these speakers practice exclusively in the area of Canadian immigration law. These very skilled practitioners are going to be sharing insight, answering questions, and really trying to tailor what is being presented to the attendees. Anyone who comes with a question is definitely going to get an answer.”

Shirish Chotalia QC | Pundit & Chotalia
Megan Dawson | McCuaig Desrochers LLP
Anna Kuranicheva | Edmonton Community Legal Centre
Rekha P. McNutt | Caron & Partners LLP
Raj Sharma | Stewart Sharma Harsanyi
Russ Weninger | Barrister, Solicitor, Notary Public
Susan Wood | Traverse Immigration Law

Mark also told us about the topics that will be covered at this program.

The program is broken down into various immigration categories. In the morning, we’re going to cover topics around temporary residence in Canada – work permits, study permits, and visitor visas – including what’s required to obtain them and how people qualify for them. Then, we’re going to shift to permanent residence applications. We’ll specifically address Canada’s new Express Entry process for obtaining permanent residence for skilled workers and also Alberta’s Immigrant Nominee Program, which is another pathway for skilled workers to obtain permanent residence in Canada. We’re going to talk about family sponsorship and the type of individuals and family members who are eligible to be sponsored. Then, in the afternoon, we’re going to shift to more complex immigration categories. We’re going to talk about enforcement to start things off. Sometimes we have clients who find themselves in trouble with the law or have other issues that come up that affect their admissibility to Canada – even when they’re here – and face deportation or removal. So, we’re going to talk about that. Then when all else fails and there is no other category that works – but there are sufficient humanitarian and compassionate reasons to allow someone to stay – we’re going to discuss a unique category called an H&C application. Finally, we’re going to end with the refugee process, which has been a hot topic over the last year or so in Canada, with the influx of many thousands of refugees.”

Program Takeaways

It’s great to have materials to take back to the office once a program is complete. Mark told us about some of the key program takeaways you’ll get from attending this program.

Each of the presenters will have takeaways. We’re also going to run through scenarios – real life examples – so people can see how this actually applies in various circumstances. These scenarios are going to be intertwined amongst the various presentations so that there is a connection between the scenarios presented, allowing attendees to see how these processes evolve with a particular client. For example, someone may need to come to Canada temporarily and then decide to remain permanently, which is something that lawyers in Alberta will see quite frequently.”

Register Online

Don’t miss the opportunity to learn practical tips and strategies for key immigration law topics from seasoned practitioners. Join us in Calgary (March 14) or in Edmonton (March 23) for Immigration Fundamentals. Read our program brochure to learn more.

Register on or before February 7 to take advantage of our Early Bird pricing.

February Upcoming Legal Events

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on February Upcoming Legal Events
Feb 012017
 

Monthly Upcoming Legal Events
January is over, but February is brimming with exciting legal events. Find out what’s going on in Alberta’s legal community this month.

LESA Programming

CPLED

Interviewing & Advising begins the week of February 6 in both Calgary and Edmonton. This face-to-face session is a mandatory part of the CPLED Program.

The Client Relationship Management online module begins on February 16 and will run until March 9.

Click here for CPLED Program info and key dates.

Child and Spousal Support 2017

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Child and Spousal Support 2017
Jan 302017
 

Child and Spousal Support 2017

Are you a lawyer with experience in family law who is looking for practical strategies to address challenging child and spousal support issues?

If so, then our upcoming program Child and Spousal Support 2017 may be the educational opportunity you’re looking for.


We welcome you to join us on April 4 (Edmonton) or on April 11 (Calgary) for Child and Spousal Support 2017. Join seminar chair Michelle J. Bailey to explore the latest developments in child and spousal support.

Faculty and Discussion Topics

Discover practical strategies and helpful tips for keeping up-to-date in child and spousal support issues from distinguished panelists.

Abram Averbach | Widdowson Kachur Ostwald Menzies LLP
Jonathan F. Griffith | Dunphy Best Blocksom LLP
Jocelyn E. Innes | Lewis & Chrenek LLP
Pierre V. Lamoureux | Lamoureux Culham LLP
Lori Marshall | Maintenance Enforcement Program
Matia L. Matkovic | Matkovic Allan LLP

In a recent interview, we spoke with Michelle J. Bailey who told us a bit more about the program and presenters. Here’s what she had to say.

With respect to child support, we have asked the presenters to go beyond the normal and look into areas that are of particular interest to them. Jonathan Griffith is going to be talking about adult children and how they are increasingly continuing to rely on their parents for support after the age of 18. He will outline some of the key differences between support for minors and adult children. Abraham Averbach is going to talk about imputation of income for child support purposes and any changes that are happening in the Alberta Courts – particularly in response to the current economic climate. Lori Marshall is coming from the Maintenance Enforcement Program (MEP), which we are all pretty excited about. She is going to be discussing how maintenance enforcement administers family support orders and dealing with the MEP policy changes that have come into play recently, particularly with respect to s. 7 expenses. On the spousal support side, we have Pierre Lamoureux, who is a seasoned presenter and will talk about review clauses, including when they’re appropriate and how to address those issues and what to advise clients when negotiating those particular terms of settlement. Jocelyn Innes is going to be speaking about illness and disability and its impact on spousal support. Often when we talk about spousal support, we talk about the roles within the marriage and in particular, dealing with children. We don’t talk a lot about illness and disability and its impact, so she is going to do a case review on how this affects spousal support in short-term, medium-term, and long-term relationships. Finally, we have Matia Matkovic who is talking about interim applications of spousal support. She will provide some practical tips on seeking interim support and defending applications for interim spousal support. With our access to justice issues that are happening across the province right now, those interim applications are becoming more and more important and often becoming the basis of settlement. What often happens on an interim basis often drives what settlement will look like down the road.”

Program Benefits and Takeaways

Here is what Michelle had to say about the benefits of attending this program.

We’re going to address some really unique circumstances that we’ve noticed from across the province. As economic conditions change, and as we are seeing parties that are separating later in life, illness and disabilities issues come up. I think it’s going to be very practical for lawyers who are attending and hopefully everyone will be able to take back something that will apply immediately to one of their files.”

Michelle also shared some of the key program takeaways.

There will be precedents and some really good tips about drafting child support orders to help with maintenance enforcement. Matia is going to be coming with some really practical information, and potentially speaking to judges and providing them with case scenarios to talk to them about how to most successfully make or defend against a spousal support application. I think in those two areas, you are going to get some really practical applications to your practice and with some of the other ones; you are going to come away with some really good arguments to put into your submissions.”

Register Online

Network with other family law practitioners and learn practical tips and strategies from seasoned professionals. Register to attend Child and Spousal Support 2017 in Edmonton (April 4) or Calgary (April 11).

Register on or before February 7 to take advantage of our Early Bird pricing.

Intersection of Family and Criminal Law

 Calgary, Edmonton, LESA Update, News, Upcoming Seminars  Comments Off on Intersection of Family and Criminal Law
Jan 232017
 

Intersection of Family and Criminal Law

Criminal law matters have implications in family law matters, and vice versa: bail conditions may conflict with family orders, affidavit evidence in family proceedings can differ from information of record in criminal proceedings, and emotional social media posts arising from tense family matters can give rise to criminal considerations.

This March 11 (Calgary) and March 18 (Edmonton), join us for Intersection of Family and Criminal Law. Examine the intersection of these two areas of practice, and discover how to proactively consider the implications of each on the other.


About the Program

Join seminar chair Richard W. Rand QC and experienced panelists to discover strategies for managing family law files with criminal law components, and vice versa.

Review topics, including:

  • Preventing the Intersection of Family & Criminal Law,
  • The Criminal Law That Family Law Lawyers Need to Know,
  • Getting the Goods on the Other Side: Social Media as Evidence, and
  • Conversations Between Family & Criminal Lawyers.

In a recent interview, we spoke to program panelist Brian A. Vail QC about the upcoming program. Here’s what he had to say.

I have long said, “listen you criminal and civil lawyers, when you’re acting for a client, you can’t have tunnel vision.” You’ve got to be aware of related proceedings. A lot of criminal lawyers don’t know much about civil law, and vice versa, and they don’t want to. The fact is: your client is facing a multi-front war. They will be facing criminal proceedings on one side, and civil proceedings on the other. So, just as the allies did in WW2, you want to coordinate what you do on one front with what you do on the other.”

Sneak Preview

Brian told us a bit about his discussion topic, Getting the Goods on the Other Side: Social Media as Evidence. Here is a sneak preview of what you can look forward to in the first part of his presentation.

The first part I’ll speak about is social media in litigation, and that’s going to involve a number of things. I’m going to talk about civil law applications – like getting background information on litigants or witnesses, using that information to challenge a witness’s credibility, and how to get at the non-public portions of the subjects social networking site. I’ll talk about how you can use Facebook to serve people and about civil publication bans. I’m also going to talk about the fact that the court can take judicial notice about the facts that are on some websites, ethical issues including document production, and I’ll discuss the destruction of evidence.”

Brian also gave us the inside scoop on the second portion of his presentation.

The second portion of my presentation involves litigation from the criminal into the civil and vice versa. I’m going to talk about the fact that if there is a criminal proceeding that is related to a civil one, you cannot use or disclose the contents of that in any other civil action. You have to indicate “there is a crown disclosure package that I have possession of but I decline to produce or provide it for inspection absent permission of the other side or order of the court. I’ll also discuss how to get at a police file, how to get at the crown disclosure package, and the impact of a criminal verdict on a civil case. I’ll be looking at the Canadian Rights Against Self-Incrimination under the Charter and Evidence Act and the Alberta Evidence Act.”

When we asked Brian why he was excited about this program, he told us he was excited to finally share with all of the attendees, how he has found success as a litigator.

Too many lawyers are too insular when it comes to civil or criminal law. When I do a civil case, I look for every other case that the other litigant has been involved in and often, it is an absolute gold mine. What makes these files interesting to me is that there are four fronts, there is the police and the crown, the job action (maybe dismissal from the employer), civil action from the victims, and professional misconduct proceedings. That makes it fun.”

Register Online

Don’t miss the opportunity to explore the interplay between criminal and family law. Register to attend the Intersection of Family and Criminal Law program in Calgary (March 11) or in Edmonton (March 18).

Register on or before February 7, 2017 to take advantage of our Early Bird pricing.