The MBA Mid-Winter Conference
THE MANITOBA BAR ASSOCIATION L’ASSOCIATION DU BARREAU DU MANITOBA A Branch of the Canadian Bar Association Une Division de L’Association du Barreau canadien Thursday, January 22, 2015 to Saturday, January 24, 2015 Fairmont Winnipeg 2 Lombard Place, Winnipeg, MB The MBA 2015 Mid-Winter Conference The Manitoba Bar Association’s Premier Event of the Year Watch our website (http://cba-mb.ca/) for updated Mid-Winter information Registration for this Conference will be done on-line for CBA members. Please go to www.cbapd.org/MB_MW2015 to fill out your on-line registration form. Members need their CBA membership number and their last name. Non-members and members who are GST exempt will need to contact the MBA office at 204-927-1210 to register. Full attendance at the 2015 Mid-Winter Conference can be applied toward your entire 12 hour yearly mandatory Law Society of Manitoba continuing professional development requirement. Consider purchasing an add on CBA membership package to reduce your cost to attend the MBA Mid-Winter. The Portfolio add on package will give you a $250.00 credit that can be used when you register for the MBA Mid-Winter and other CBA/MBA programs and services for only $200.00. The Portfolio plus add on package will give you a $500.00 credit that can be used when you register for the MBA Mid-Winter and other CBA/MBA programs and services for only $400.00. More information about these add on membership packages can be found on-line at http://www.cbamembership.org/. thursday • 22-jan-2015 • fairmont winnipeg 8:00am – 2:00pm – Registration – West Ballroom 8:00am – 9:00am – Continental Breakfast – West Ballroom Sponsored by Legal Data Resource Corporation 8:00am – 3:30pm – Exhibitor Trade Show – West Ballroom Exhibitors Include: Allmove Secure Document & Data Management • A.R.S. - Assessment Rehabilitation Services Inc. • Bridgeport • CBIA/CBAF/CBIA Sponsored Home Insurance • Childview • DoProcess Software • ERAssure • LawyerDoneDeal Corp. • Maritime Law Books • Royal Manitoba Theatre Centre • SAI Systems Auditing Inc. • Stewart Title Guaranty Company • Supreme Basics • TitlePlus 9:00am – 11:30am – Morning Continuing Legal Professional Development Sessions Advising the Farmer: Get the Dirt on the Dirt Two sessions will be featured on the often varied and complex issues facing farmers. You can decide to attend one session or both sessions. The morning session will be of interest to solicitors and family law practitioners alike. This portion of the program will examine the impact of family breakdown including issues surrounding gifts, inheritances and other factors that intersect with some of the more common issues relating to the family farm which are triggered by separation and divorce. This session will also explore issues of farm debt as faced by the farmer and the difficulties faced by lenders, suppliers and other credit granters in collecting on debt owed to them by farmers. Speakers: - Laurelle Harris, Levene Tadman Golub Law Corporation - Richard Schwartz, Tapper Cuddy LLP Moderator: - Kelli Potter, Paterson Patterson Wyman & Abel, Brandon Sponsored by the Bankruptcy Law, Family Law and Real Property Section Advising Small Business Clients Starting a Business Representatives from the legal and business communities explore starting a business from a tax and corporate law perspective which will allow you to assist clients in developing a solid foundation upon which to build a prosperous business. Giving advice, anticipating conflicts that may arise, filing and preparing documents and more will be covered in this session. Speakers: - Remo De Sordi, Taylor McCaffrey LLP - Trudy Martens, Deloitte Moderator: - Tatiyana Bubnowicz, Monk Goodwin LLP Sponsored by the Young Lawyers’ Section Anatomy of a Power of Attorney We work with powers of attorney documents on a regular basis. Do we really understand them? This presentation deals with some basic but interesting issues. Where does the authority come from? What are the limits on that authority? Can the donor push those limits with express clauses attempting to do so? Should the document have a seal? When does the agent shift from “helper” to “attorney”? Can an attorney quit? What is the threshold of capacity necessary for a donor to validly grant one? What are land titles office requirements for powers of attorney? How does land titles office construe a power of attorney? What are the homestead issues for powers of attorney? What are the limitations of a substitute attorney’s powers? When can an alternate attorney act? How does land titles office treat multiple appointments? These questions and more will be addressed at this presentation by an experienced practitioner and a representative from land titles office. Speakers: - John Poyser, Tradition Law LLP - Russell Davidson – Winnipeg Land Titles Office Moderator: - Caroline Kiva, Pitblado LLP Sponsored by the Wills & Estates Section Surviving and Thriving in Private Practice: Tips from Women from the Frontlines There are many recipes for growing a thriving legal practice. What goes into your mix is going to depend on many factors ranging from your practice focus to your individual strengths and interests. However, there is one essential ingredient for everyone in private practice – and that is client development. This session will offer an update on efforts to retain and advance women in private practice together with a roundtable discussion centered on marketing for women including tips from top female practitioners on best personal marketing practices. Allison Wolf, a certified Executive Coach who works exclusively within the legal profession, will lead the second half of the session with a focus on instructing attendees on how to develop their own unique approach to business development, the essential strategies to incorporate into one’s own plan and how to overcome some of the most common stumbling blocks. Each attendee will leave the session with her own plan of action to move forward. Speakers: - Shauna McCarthy, Tapper Cuddy LLP - Silvia de Sousa, Thompson Dorfman Sweatman LLP - Kimberly Soul, Bennet Waugh Corne - Anita Southall, Fillmore Riley LLP - Kristen Wittman, Taylor McCaffrey LLP - Allison Wolf, Certified Executive Coach and President of Shift Works Strategic Inc., Vancouver Moderator: - Karen Wittman, Campbell Marr LLP Sponsored by the Women Lawyers’ Forum 10:15am – 10:30am – Break – West Ballroom Sponsored by: CBIA sponsored Home Insurance, get a quote today 1-877-314-6274 11:45am – 1:45pm – Working Lunch Tequila, Handguns and Social Media It has been said that computers have enabled people to make mistakes faster than almost any other invention in history, with the possible exception of tequila and hand guns. Social Media is everywhere and is being used by billions of people, businesses, organizations, non-profits, governments and others. How do you rank your knowledge and understanding of one of the fastest growing phenomenons today? Why should you care about social media? Consider this: as a lawyer in virtually any area of law from transactional to litigation to employment to privacy to corporate/commercial to criminal and others - how do you advise your clients on the proper use, ownership, transfer, ethics, implications and risks of social media if you don’t understand it yourself? Increasingly today, technology skills are now becoming a requirement to demonstrate professional competency. This panel discussion will delve into the exploding area of social media and what it means for lawyers. Moderator: - Bjorn (Barney) Christianson, Q.C., Managing Partner, Christianson TDS and Practice Management Advisor, Law Society of Manitoba Panelists: - David J. Bilinsky, Practice Management Consultant and Lawyer, Law Society of British Columbia - Yves Faguy, Senior and Online Editor, CBA National Magazine - Karen Dyck, Loss Prevention Coordinator for Canadian Lawyers Insurance Association This working lunch will provide you with 2 hours of Ethics, Professionalism and Practice Management. thursday • 22-jan-2015 • fairmont winnipeg 2:00pm – 4:30pm – Afternoon Continuing Legal Professional Development Session Advising the Farmer: Get the Dirt on the Dirt Two sessions will be featured on the often varied and complex issues facing farmers. You can decide to attend one session or both sessions. The afternoon session will include review of tax considerations specific to farmers and farms, including tax deferred rollovers, the lifetime capital gains exemption, the principal residence exemption and tax issues with respect to the purchase and sale of farm property. This session will also explore the often unspoken and unique attributes of agribusiness estate and succession planning. This includes the consideration of diverse ownership structures, family history and influence and the diverse expectations of the participants. This program will include an overview of the factors that can make advising farm clients a complicated, challenging and risky task requiring a multidisciplinary approach. Speakers: - Joanna Caithness, Fillmore Riley LLP - Blair Filyk, Meighen Haddad LLP, Brandon Moderator: - Kelli Potter, Paterson Patterson Wyman & Abel, Brandon Sponsored by the Taxation Law, Wills & Estates and Real Property Sections Restrictive Covenants in Employment Law: Perspective for the Bar and Bench This session will address non-solicitation and non-competition restrictive covenants in the context of labour/employment law in Canada. Topics to be covered are when and why restrictive covenants are recommended, drafting tips, enforcement of the covenants and an overview of current case law on the reasonableness of these clauses (scope, geography, time period). Speakers: - The Hon. Madam Justice Lori Spivak, Manitoba Court of Queen's Bench - Curran McNicol, Fillmore Riley LLP - Dave Negus, Aikins, MacAulay & Thorvaldson LLP - Lynda Troup, Thompson Dorfman Sweatman LLP Moderator: - Kathryn Hordienko, Fillmore Riley LLP Sponsored by the Labour & Employment Section New Directions in Research Technology has changed the way we conduct research in our legal practices and daily lives. This session will explore new research techniques and how these have changed the way we frame questions and use information from different sources. Curtis Smith will discuss the results of his Masters thesis about the online information-seeking behaviour of lawyers, while Melanie Bueckert will provide a local perspective on this cutting edge issue. Speakers: - Melanie Bueckert, The Manitoba Court of Appeal - Curtis Smith, Law Society of Upper Canada, Toronto Moderator: - Catherine Skinner, Workers Compensation Board Sponsored by the Legal Research Section Construction Disputes – A Toolbox A construction project can sometimes be said have three stages: design, build, and litigation. A panel of leading practitioners will discuss a wide range of construction-related issues aimed at assisting the client. The topics presented will include Rule 20A and Builders’ Liens; the features and benefits of standard construction contracts; advising your client before and during a construction project relating to changes to the project, and dispute resolution processes to resolve issues in a timely and cost-effective manner. Speakers: - Kelly Dixon, Green & Dixon - Betty Johnstone, Aikins, MacAulay & Thorvaldson LLP - Thomas Turner, Pitblado LLP - Jonathan Woolley, Thompson Dorfman Sweatman LLP Moderator: - Nicole Hamilton, Pitblado LLP Sponsored by the Civil Litigation and Construction Law Sections 3:15pm – 3:30pm – Break – West Ballroom Sponsored by: CBIA sponsored Home Insurance, get a quote today 1-877-314-6274 4:30pm – 7:00pm – Bench & Bar Reception - Midway Ballroom The Chief Justice of Manitoba, The Honourable Richard Chartier and Liza Maheu will be hosting this year’s reception with MBA President, Sofia Mirza. The reception will include hors d’oeuvres, a cash bar and entertainment. friday • 23-jan-2015 • fairmont winnipeg 8:30am – 2:00pm – Registration – West Foyer 8:30am – 9:00am – Continental Breakfast – West Foyer Sponsored by Legal Data Resource Corporation Moderator: - Jason Gisser, University of Manitoba Faculty Association Sponsored by the Young Lawyers’ Section Family Law - A Year in Review 9:00am – 11:30am – Morning Continuing Legal Professional Development Sessions The Ins and Outs of Queen’s Bench Proceedings A panel of experienced litigation practitioners and judiciary from the Court of Queen’s Bench will discuss the standard of review, factums, submissions, trials and motions. Practice tips and pointers, relevant case law and recent changes to the Court of Queen’s Bench Rules are among the many topics that will be covered during this session. Speakers: - The Hon. Mr. Justice James Edmond, Manitoba Court of Queen's Bench - Jamie Mercury, Aikins, MacAulay & Thorvaldson LLP - Sandra Zinchuk, Monk Goodwin LLP Back by popular demand! Aaron Franks, Epstein Cole LLP, will review the past year’s most important family decisions from across Canada. Speaker: - Aaron Franks, Epstein Cole LLP (Toronto) Moderator: - Lawrence Pinsky, Taylor McCaffrey LLP Sponsored by the Family Law Section The Court of Appeal: Everything you need to know The session will provide a variety of issues which commonly arise during the course of an appeal including a discussion on factums, oral submissions, standard of review, and recent case law. The session will be presented by a panel of experienced litigators with commentary from members of the judiciary. friday • 23-jan-2015 • fairmont winnipeg Speakers: - The Hon. Chief Justice of Manitoba Richard Chartier, Manitoba Court of Appeal - The Hon. Mr. Justice William Burnett, Manitoba Court of Appeal - Bernice Bowley, Fillmore Riley LLP - Thor Hansell, Aikins, MacAulay & Thorvaldson LLP - Brian Meroneck, Q.C., D’Arcy & Deacon LLP Moderator: - John Martens, Aikins, MacAulay & Thorvaldson Sponsored by the Civil Litigation Section The Current State of Privacy Law in Manitoba This session will explore recent developments to privacy law in Manitoba, including the new Personal Information Protection and Identity Theft Prevention Act (PIPITPA) and the proposed Personal Information Protection and Electronic Documents Act (PIPEDA) amendments. Speakers: - Andrew Buck, Pitblado LLP - Allister Gunson, Manitoba ehealth - Michael Legary, Securris - Nancy Love, Ombudsman Manitoba Moderator: - John Myers, Taylor McCaffrey LLP Sponsored by the CCCA and Technology & Intellectual Property Law Section 10:15am – 10:30am – Break – West Foyer Sponsored by: CBIA sponsored Home Insurance, get a quote today 1-877-314-6274 11:45am – 1:45pm – Awards Luncheon – East/Midway Ballroom Featuring presentations of the 2015 MBA Distinguished Service Award, the 2015 Pro Bono Award and the 2014 MBA Recognition Awards. Sponsored by: CBIA sponsored Home Insurance, get a quote today 1-877-314-6274 2:00pm – 4:30pm – Afternoon Continuing Legal Professional Development Sessions Everything You Wanted to Ask About the Child Abuse Registry This session will focus on the practical and procedural aspects of child abuse registry proceedings. Topics to be covered include the purpose of the child abuse registry, the function of the child abuse committee, the procedure for entry on the child abuse registry, the application to object to registration, pre-trial procedure and trial issues unique to child abuse registry proceedings. The session will also focus on evidentiary issues such as the lack of discovery, relaxed rules of evidence and hearsay evidence from children. Speakers: - Kris Janovcik, Tapper Cuddy LLP - Cory LaBerge, Office of the Children’s Advocate - Saul Simmonds, Gindin, Wolson, Simmonds, Roitenberg Moderator: - Tyler Grant, Tapper Cuddy LLP Sponsored by the Criminal Law Section Contract Drafting This session will feature the best practices in contract drafting with helpful tips and reminders. Experienced counsel from both the perspectives of corporate and commercial law and litigation will provide their insight during this informative session. Speakers: - Julia Shin Doi, General Counsel Ryerson University, Toronto - Geoff Hall, McCarthy Tétrault LLP, Toronto Moderator: - Rennie Stonyk, MPI - Legal Department Sponsored by the CCCA Section Knowledge Management: A Conversation How we organize and use information as lawyers has always been important to effective practice management. However, today's clients are pushing for faster answers at lower costs. Disappoint them at your peril. You cannot meet those expectations without having a system that ensures your accumulated legal knowledge - in all its forms - is kept current and immediately accessible. What do you need to do to make sure you can hit the ground running when retained? Connie Crosby is principal of Crosby Group Consulting, a Toronto-based firm, specializing in knowledge management, information management, social media and library management. She is a law librarian, law blogging pioneer and leader in the knowledge management field in Canada’s legal community. Bjorn (Barney) Christianson, Q.C. is a past Law Society President, a past Manitoba Bar Association President and has over 40 years of experience running a law practice. He is the Law Society of Manitoba's ad hoc practice management advisor. Join them in a conversation to learn what is "knowledge management" and what you need to be doing with it. This session will provide you with 2 hours of Ethics, Professionalism and Practice Management. Speakers: - Bjorn (Barney) Christianson, Q.C., Christianson TDS, Portage la Prairie - Connie Crosby, Crosby Group Consulting, Toronto Moderator: - Karen Sawatzky, Librarian, Tapper Cuddy LLP Sponsored by the Legal Research Section 3:15pm – 3:30pm – Break – West Foyer Sponsored by: CBIA sponsored Home Insurance, get a quote today 1-877-314-6274 saturday • 24-jan-2015 • fairmont winnipeg 9:30am – Continental Breakfast MBA Council – Midway Ballroom 10:00am – MBA Council Meeting – Midway Ballroom hotel accommodations A block of rooms has been reserved at the Fairmont Winnipeg, 2 Lombard Place, Winnipeg, MB at a rate of $130.00 for single or double occupancy. Reserve directly by calling 204-985-6234/ 1-800-441-1414 and indicating that you will be attending the MBA Mid-Winter conference. The rate is in effect until January 9, 2015. thank you to our 2015 Mid-Winter Sponsors: CBIA sponsored Home Insurance, get a quote today 1-877-314-6274 the 2015 mid-winter organizing committee Co-Chairpersons: Lisa LaBossière, Myers Weinberg LLP Cynthia Lau, The Great-West Life Assurance Company Committee Members: Andrew Buck, Pitblado LLP Kelsey Desjardine, Pitblado LLP Alexandra Dueck-Dunsford, Ratuski Law Office Tyler Grant, Tapper Cuddy LLP Iain McDonald, Fillmore Riley LLP Elona McGifford, Taylor McCaffrey LLP Kelli Potter, Paterson Patterson Wyman & Abel Uzma Saeed, D’Arcy & Deacon LLP Brad Regehr, D’Arcy & Deacon LLP Leandro Zylberman, Thompson Dorfman Sweatman LLP The Fairmont Winnipeg THE MANITOBA BAR ASSOCIATION L’ASSOCIATION DU BARREAU DU MANITOBA A Branch of the Canadian Bar Association Une Division de L’Association du Barreau canadien 2 Lombard Place, Winnipeg, MB registration costs Member Non-Member Student/Young Lawyer* One Day Registration $262.50 $393.75 $183.75 One Half Day Registration $199.50 $299.25 $120.75 Two Full Day Registration $420.00 $630.00 $315.00 Two Day Registration Only: You will receive all 12 hours of your LSM Mandatory yearly CPD requirement (including a minimum 2 hours of EPPM.) individual event tickets Member Non-Member Student/Young Lawyer* Bench & Bar Reception $36.75 $55.12 $21.00 MBA EPPM Lunch $105.00 $157.50 $78.75 $52.50 $78.75 $42.00 (2 hours of EPPM) MBA Awards Luncheon All prices include GST #R126095728 *Young Lawyer rate is available to CBA Members, practising 5 years or less. REGISTRATION DEADLINE Noon Friday, January 16, 2015 One Full Day Registration (Thursday or Friday): Includes continental breakfast, entrance to exhibitors trade show (Thursday), one morning professional development session, one afternoon professional development session, working luncheon (Thursday) or MBA Awards Luncheon (Friday) and and access to the session materials on the CBA Professional Development website. One Half-Day Registration (Thursday or Friday): Includes continental breakfast (am only), entrance to exhibitors trade show (Thursday), one morning professional development session (am only) or one afternoon professional development session (pm only), law practice management luncheon (Thursday) or MBA Awards Luncheon (Friday) and access to the session materials on the CBA Professional Development website. Two Full Day Registration (Thursday and Friday): Includes continental breakfasts, entrance to exhibitors trade show (Thursday), two morning professional development sessions, two afternoon professional development sessions, law practice management luncheon (Thursday), MBA Awards Luncheon (Friday) and access to the session materials on the CBA Professional Development website. Registrants are not able to combine a Half-Day Registration on separate days as a Full-Day Registration. Please note the Bench & Bar Reception is a separately ticketed event and is NOT included in the Full Day or Half Day registration. Refunds: Cancellations will be accepted by fax or email ([email protected]) until January 16, 2015, subject to a 15% administrative charge. NO REFUNDS will be made if notification is received after January 16, 2015. Registration for this Conference must be done online for CBA members. Please go to www.cbapd.org/MB_MW2015 to fill out your online registration form. Members need their CBA membership number and their last name. Non-members and members who are GST exempt will need to contact the MBA office at 204-927-1210 to register.
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