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).