INFLUENCE. LEADERSHIP. PROTECTION. Canada s Premier Legal Conference HALIFAX 2011 CBA Canadian Legal Conference & Expo & CCCA Annual Conference August 14-16, 2011 World Trade & Convention Centre Halifax Program
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TABLE OF CONTENTS CLC General Information & Expo Administration, Identi ication, Registration, etc.... 4-6 Thursday, August 11 - Saturday, August 13 Daily Program... 8, 10 Sunday, August 14 Daily Program... 10-12 Monday, August 15 Daily Program... 12-28 Concurrent Professional Development - Morning Concurrent PD Sessions... 14-16 CCCA 100 Series Workshops... 16-17 Concurrent Professional Development - Afternoon Concurrent PD Sessions... 22-24 CCCA 200 Series Workshops... 24, 25 Tuesday, August 16 Daily Program... 28-40 Concurrent Professional Development - Morning Concurrent PD Sessions... 30-32 CCCA 300 Series Workshops... 32-33 Concurrent Professional Development - Afternoon Concurrent PD Sessions... 36, 37 CCCA 400 Series Workshops... 38, 39 Judges Day Conference & Lunch...42 Halifax 2011 3
General Information & Expo ADMISSION IDENTIFICATION Admission to sessions, meetings and to the Expo is by badge. Please remember to wear your badge at all times. Conference registration staff will assist you should you require a replacement. Section Business Meetings are open to all delegates. A ticket will be required for the following functions and activities: Opening Night Festivities (Sunday) Monday Night Maritime Music Extravaganza, Presented by Stewart Title (Monday) Closing Gala* (Tuesday) Prepaid tickets for the above are included in your registration kit. * Tickets for this event are not included in the cost of registration. CONFERENCE ADMINISTRATION World Trade and Convention Centre Administration Of ice: Suite 101 902-492-7886 Fax. 613-237-3726 Communications Of ice: Show Of ice 902-492-7889 Media Centre: Suite 201 902-492-7891 PD INFORMATION AND SPEAKERS ROOM World Trade and Convention Centre Papers presented at the PD Sessions will be made available to registrants electronically in the few days leading up to the conference. If you haven t received the link to access the papers, please contact pd@cba.org. The Speakers Room is located in the Level 2 Boardroom at the World Trade and Convention Centre from Sunday morning to Tuesday afternoon, August 14 to 16. CONFERENCE REGISTRATION & INFORMATION All Conference attendees, including those registered for the CCCA Annual Conference, Judges Day Conference and Youth Program, are requested to register and to collect their registration materials from the Canadian Legal Conference Registration Desk at the locations listed below. The Desk will be staffed as follows: Friday 12:00 PM 5:00 PM Marriott Halifax Harbourfront Hotel, Level 2 Coat Check Saturday 8:00 AM 5:00 PM Marriott Halifax Harbourfront Hotel, Level 2 Coat Check Sunday 8:00 AM 6:00 PM Monday 4 Conference Program World Trade and Convention Centre Level 1 Registration Desk 7:00 AM 5:00 PM World Trade and Convention Centre, Level 1 Registration Desk Tuesday 7:30 AM 3:00 PM World Trade and Convention Centre, Level 1 Registration Desk
FIRE PANEL FIRE PANEL World Trade and Convention Centre LEVEL 1 FLOOR PLAN Registration Brunswick Street Fire Exit Fire Exit and Freight Elevator Suite 101 Carmichael Street Property Services Fire Exit Registration Desk Atrium Escalator to Level 2 Elevators Fire Exit To Main Lobby, Exit and HMC Fire Exit ROOM 100 to Downtown Halifax Link Fire Exit Elevator & Escalator to Scotia Square Fire Exit Duke Street Entrance Argyle Street LEVEL 2 FLOOR PLAN t h lif Brunswick Street Carmichael Street Level 2 Boardroom Link to Prince George Hotel Fire Exit Show Office Exit via stairs Elevators Fire Exit Suite 201 To Downtown Link Escalator Main Lobby Suite 202 Wall Room Fire Exit Fire Exit Main Entrance Suite 203 ROOM 200C Fire Exit FIRE PANEL FIRE PANEL Suite 204 South North ROOM 200D Suite 205 Service Corridor Storage FIRE PANEL FIRE PANEL freight elevator Argyle Street Dotted lines indicate Removable Walls Fire Panels Fire Exit ROOM 200E Vehicle Entrance Fire Exit Fire Exit wtcchalifax.com Duke Street Concurrent PD Sessions Brunswick Street CCCA Workshops Dotted lines indicate Removable Walls Suite 304 Suite 305 Suite 306 Fire Exit Carmichael Street Fire Exit Fire Exit Escalator to Halifax Metro Centre Suite 307 Escalator to Level 2 Suite 301 Suite 302 Suite 303 LEVEL 3 Open to Below Freight Elevator Loading Dock Security Fire Exit Service Area Duke Street Suite 308 Level 3 Atrium Elevators Argyle Street Halifax 2011 5
General Information & Expo LEGAL EXPO World Trade and Convention Centre, Metro Centre A We encourage you to visit the Expo. Again this year attendees will have the opportunity to participate in the very successful Passport Program for the CLC Expo. Your Passport can be found in your registration kit. Follow the instructions, get it stamped by participating exhibitors and you could win the Grand Prize worth $3,500. There will also be an Early Bird Prize of an ipad2. Please note the times of the draw and the functions held in the Expo: Refreshments and coffee served in the Expo throughout opening hours. Sponsored by CBA-New Brunswick, Patterson Law and PGi Sunday, August 14 11:00 AM to 1:00 PM Kick-off Reception - Sponsored by Avis Rent a Car and Budget Car Rental Monday, August 15 8:30 AM to 4:30 PM Lunch from 12:30-1:45 PM 1:30 PM Passport Program Early Bird Prize Draw Tuesday, August 16 8:30 AM to 12:00 PM Closing Lunch Sponsored by CBA-Nova Scotia Passport Program Grand Prize Draw Visit the Preferred Supplier Showcase, take advantage of show specials and connect with industry leaders in legal software and hardware, online services, communications, legal publications, of ice products and inancial services. Admission by badge. MEALS AND DIETARY RESTRICTIONS Any dietary restrictions provided at the time of registration have been provided to the convention centre, hotels and social event venues. If your restrictions cannot be accommodated with the menu or buffet choices provided, you will ind yellow cards with your name and restrictions in your name badge. Please provide one to the serving staff to ensure they can retrieve your speci ic meal. The CBA is offering complimentary wireless internet throughout the World Trade and Convention Centre. Please enter password: CLC11 (all uppercase). Attendance at the Canadian Legal Conference s professional development programs has been approved for LawPro credit. 6 Conference Program
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Daily Program Thursday, Aug. 11 8:30 AM 1:30 PM Friday, Aug. 12 8:30 AM 6:30 PM Simultaneous Interpretation is available where indicated. Receivers are available in each room. SI sponsored by Nova Scotia Department of Justice. The conference venues are represented by the following abbreviations: WTCC = World Trade and Convention Centre MHH = Marriott Halifax Harbourfront Hotel PGH = Prince George Hotel THURSDAY, AUGUST 11 8:30 AM 12:00 PM CBA Finance Committee Meeting MHH, Acadia C 1:30 PM 4:30 PM CBA Executive Of icers Meeting 1:30 PM 4:30 PM National Sections Council Executive Meeting MHH, Acadia B FRIDAY, AUGUST 12 8:30 AM 4:30 PM CBA Board of Directors Meeting MHH, Nova Scotia AB 12:00 PM 2:00 PM Lunch: CBA Board of Directors, Vice-Presidents & Executive Directors MHH, Halifax BC 12:00 PM 5:00 PM Conference Registration MHH, Level 2 Coat Check 12:30 PM 4:30 PM National Sections Council & CBA Conference Chairs Joint Update (Lunch provided) MHH, Halifax A 6:30 PM 10:00 PM CBA President s Reception & Dinner (by invitation) Shining Waters Marina Transportation provided for invited guests departing at 6:00pm from the Marriott Halifax Harbourfront Hotel, the Delta Halifax, and the Prince George Hotel. 8 Conference Program
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Daily Program Saturday, Aug. 13 8:00 AM 5:30 PM Sunday, Aug. 14 8:00 AM 8:30 AM SATURDAY, AUGUST 13 8:00 AM 5:00 PM Conference Registration MHH, Level 2 Coat Check SUNDAY, AUGUST 14 8:00 AM 6:00 PM Conference Registration WTCC, Level 1 Registration Desk 8:30 AM 4:30 PM International Development Committee Meeting MHH, Atlantic Suite 8:30 AM 5:00 PM CBA Council Meeting MHH, Nova Scotia BCD CBA Council Breakfast sponsored by expd8 10:30 AM 12:00 PM CCCA Of icers Meeting MHH, Tupper Room 12:00 PM 1:00 PM CCCA Executive Committee LUNCH MHH, Acadia A 1:00 PM 4:00 PM CCCA Executive Committee Meeting MHH, Acadia BC 12:30 PM 2:00 PM CBA Council Awards Lunch MHH, Halifax ABC CBA Council Lunch sponsored by MBNA Canada Bank 5:30 PM 6:30 PM International Guests Reception MHH, 44 North Restaurant, Private Dining Room Evening At-Home Dinners are organized throughout the city. Pre-sign up required. If you signed up and have not yet received, or misplaced your invitation, wish to make a change, or are obliged to cancel, please see the Conference Registration, located at the MHH, Level 2 Coat Check. Please remember, you are required to RSVP directly to your host. 8:00 AM 1:00 PM Foundation for Legal Research Members Meeting followed by Board of Trustees Meeting MHH, Acadia A 8:15 AM 12:00 PM CBA Council Meeting MHH, Nova Scotia BCD CBA Council Breakfast sponsored by The Utility Company 8:30 AM 12:30 PM IDC/DOJ International Development Workshop WTCC, Suite 202-203 Can religious and customary law co-exist with a modern constitutional regime? The session will consider how religious and customary laws in luence and impact the development and implementation of modern democratic constitutional frameworks. Religious and cultural norms are deeply intertwined and continue to have a profound impact on how justice is conceptualized and understood within societies. Most modern constitutions entrench internationally recognized human rights norms. The interface between these formal legal systems and customary and religious law can often be problematic and fundamentally alter how people identify themselves as citizens. Keynote speakers and panelists will facilitate discussion by considering the situation in Egypt, Bangladesh, Sub Sahara Africa, Latin America and in Canada, with our Aboriginal peoples. 10 Conference Program
Daily Program Sunday, Aug. 14 8:30 AM 4:30 PM SUNDAY, AUGUST 14 8:30 AM 2:00 PM CSCJA Council Meeting & AGM PGH, Windsor 1 & 2 9:00 AM 11:30 AM Professional Development Committee Meeting MHH, Atlantic Suite 10:45 AM 12:00 PM International Guests Roundtable MHH, Halifax B 11:00 AM 1:00 PM Legal Expo Kick-off Reception WTCC, Metro Centre A (Level 4) Sponsored by Avis Rent a Car and Budget Car Rental Join colleagues and exhibitors for light refreshments after you collect your registration materials. Visit the Preferred Supplier Showcase, take advantage of the Internet Café and get your Passport stamped to be eligible to win the grand prize valued at $3,500 or the early bird prize of an ipad2 provided by MBNA. Don t miss this opportunity to connect with industry leaders in legal software & hardware, online services, legal publications, inancial services and much more. Admission by badge. 11:30 AM 12:30 PM CBA Treasurer s Meeting MHH, Nova Scotia A 12:30 PM Youth Program sign-in MHH, Halifax C Opening Address: His Excellency The Right Honourable David Johnston Governor General of Canada Keynote Speaker: Arianna Huf ington, Editor-in Chief & President, Huf ington Post Media Group 3:30 PM 5:00 PM Public Sector Lawyers Happy Hour WTCC, Suite 205 All registrants welcome. Admission by badge. 3:45 PM 5:00 PM Canadian Judges Forum Reception PGH, Regency 1 Registered judges and their guests are invited to the Judges Forum Reception. 3:45 PM 5:00 PM CCCA Section Chairs Meeting MHH, Atlantic Suite 4:00 PM 6:00 PM International Commission of Jurists AGM & Reception WTCC, Suite 202-203 The meeting will feature an address at 5:00 by A. Wayne MacKay, O.C., C.M., Q,C, on Judicial Impartiality and Independence: Accountability, Appointments, and the Changing Face of Judicial Objectivity. A short reception sponsored by McInnes Cooper will follow. 4:30 PM Youth Program pick-up MHH, Halifax C 1:00 PM 3:30 PM Opening Ceremonies & Plenary WTCC, Metro Centre B (Level 4) Sponsored by ERAssure continued on page 12 Halifax 2011 11
Daily Program Sunday, Aug. 14 6:00 PM 9:30 PM Monday, Aug. 15 6:30 AM 8:30 AM SUNDAY, AUGUST 14 MONDAY, AUGUST 15 6:00 PM 10:00 PM Opening Night Festivities Cunard Centre Sponsored by A.R.S. Assessment Rehabilitation Services Inc. and Supreme Basics, The New Dye & Durham Enjoy the different styles of live music representing the cultural diversity of Atlantic Canada. The event will feature a performance by PEI Fiddling sensation Richard Wood whose innovative approach to Celtic jigs, reels and strathspeys has won rave reviews, and showcases his iddling virtuosity and stunning showmanship. The evening will also feature a reception followed by a full lobster dinner. Admission by ticket. Casual attire. Transportation is provided from the Marriott Harbourfront Hotel, the Delta Halifax, and the Prince George Hotel. Continuous shuttle service will run from 5:30 PM to 10:00 PM. The inal return bus will depart the Cunard Centre at 10:00 PM. Transportation sponsored by Purolator Inc. 9:30 PM Branch Late Night Party Waterfront Warehouse 1549 Lower Water St. Hosted by CBA- Alberta, the Manitoba Bar Association, CBA-Northwest Territories, CBA-Nova Scotia, the Ontario Bar Association (OBA), CBA-Quebec and CBA-Saskatchewan 6:30 AM LFFF Golf Tournament Oak ield Golf & Country Club The bus departs from the Delta Halifax Hotel at 6:30 AM sharp. Registration and continental breakfast at 7:00 AM, tee time at 8:00 AM This year s fund-raising event takes place at Oak ield, a championship course set in beautiful Grand Lake, Nova Scotia. Golfers will navigate a mix of challenging holes catering to all playing abilities. 7:00 AM 5:00 PM Conference Registration WTCC, Level 1 Registration Desk 7:00 AM Youth Centre sign-in MHH, Halifax C Breakfast served 7:15 AM 8:15 AM Conference Breakfast with Speaker WTCC, Metro Centre B (Level 4) Speaker: Arlene Dickinson, Dragons Den Conference Breakfast sponsored by the CBA-New Brunswick Branch and the CBA- Prince Edward Island Branch 8:30 AM 4:30 PM Legal Expo WTCC, Metro Centre A (Level 4) Coffee and refreshments available all day in the Expo. Sponsored by CBA-New Brunswick, Patterson Law and PGi 12 Conference Program continued on page 14
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Concurrent Professional Development Monday, Aug. 15 8:30 AM 11:30 AM Simultaneous Interpretation is available where indicated. Receivers are available in each room. SI sponsored by Nova Scotia Department of Justice. All PD sessions are eligible for MCPD credits for substantive content. Please refer to the CLC website for complete accreditation details www.cba.org/ Halifax2011. Look for the E+ for programs offering ethics, professionalism and practice management content (EPPM). Concurrent PD Sessions 8:30 AM 11:30 AM WTCC, Room 200C E+ 1.1 Identifying your Client: Ethical Dilemmas when Advising Corporate Employers and Foreign Workers (3 hrs EPPM) Presented by the National Citizenship & Immigration Law Section An expert panel will examine critical issues which arise when representing corporate employers, foreign workers and often accompanying family members, all in need of legal advice. Through analysis of factual scenarios and moderated Q & A, panellists will highlight the ethical and professional issues (which cross the boundaries of immigration law into other practice areas) and suggest approaches and solutions to ensure both appropriate conduct and representation in the best interests of your client. Moderator: Howard Greenberg, Greenberg Turner (Toronto) Speakers: Elaine Cumming, Nova Scotia Barristers Society (Halifax) Michael Greene, Sherritt Greene (Calgary) Catherine Sas, Q.C., Miller Thomson LLP (Vancouver) 8:30 AM 11:30 AM WTCC, Room 200D 1.2 Contempt of Court: A View from the Bench Presented by the Canadian Judges Forum A inding of contempt can arise from a failure to obey a court order, showing disrespect for the judge, disrupting proceedings through poor behaviour, or publishing material likely to jeopardize the trial process. An expert panel of judges and senior practitioners will examine the types of conduct that can lead to a contempt of court order and what procedures the judiciary should follow when invoking such an order; how counsel can best represent a client threatened with contempt; how the situation changes with self-represented litigants; and the differences between a inding of contempt in civil and criminal proceedings. The panel will be followed by facilitated workshops where factual scenarios will be analyzed and the right course of action discussed. Moderator: The Hon. Michelle K. Fuerst, Superior Court of Justice (Newmarket) 14 Conference Program
Concurrent Professional Development Monday, Aug. 15 8:30 AM 11:30 AM Speakers: The Hon. Chief Justice François Rolland, Superior Court of Quebec (Montreal) William (Mick) Ryan Q.C., Stewart McKelvey (Halifax) The Hon. Jamie W.S. Saunders, Nova Scotia Court of Appeal (Halifax) 8:30 AM 11:30 AM WTCC, Room 200E E+ 1.3 Bargaining Pensions and Benefits: Resolving Disputes for Underfunded Plans and the Rights of Plan Members in Insolvency Proceedings (1hr EPPM) Co-presented by the National Pensions and Bene its Law, Labour and Employment Law and Administrative Law Sections Prominent speakers will participate in two panels. The irst panel will canvass issues that typically arise in negotiating pension and bene its in both a unionized and non-unionized environment, with a focus on issues that arise in the context of underfunded pension plans. The second panel will address the rights of employees, plan members and retirees in insolvency proceedings, either under the Companies Creditors Arrangement Act or the Bankruptcy and Insolvency Act. Consideration will be given to both single and multi-employer plans and the role of the regulator and the courts in protecting the rights of plan members. Moderators: Michael Mazzuca, Koskie Minsky LLP (Toronto) Pierre Moreau, Schneider & Gaggino (Dorval) Speakers: Panel 1: The Hon. Pierre J. Dalphond, Québec Court of Appeal (Montreal) Anthony Devir, Osler, Hoskin & Harcourt LLP (Toronto) Lewis Gottheil, CAW-Canada (North York) Panel 2: The Hon. Peter M. S. Bryson, Nova Scotia Court of Appeal (Halifax) Natalie Bussière, Blake, Cassels & Graydon LLP (Montreal) Andrew Hatnay, Koskie Minsky LLP (Toronto) 8:30 AM 11:30 AM WTCC, Suite 203 Helping Your Client Survive Procurement Fraud Session presented by Navigant Procurement fraud is alive and well. If it hasn t hit one of your clients yet, be prepared because it will sooner or later. Or maybe it has and your client just doesn t know it yet. This session will deal with a real life situation (disguised to shield the embarrassed victim and the guilty parties), highlighting the role of counsel and offering tips for prevention and a step-by-step guide to the investigation and recovery of stolen corporate assets. continued on page 16 Halifax 2011 15
Concurrent Professional Development-CCCA Monday, Aug. 15 8:30 AM 11:30 AM Speakers: Bob Macdonald, Navigant (Toronto) Will McDowell, Lenczner Slaght LLP (Toronto) Cliff Strachan, Navigant (Toronto) 8:30 AM 11:30 AM WTCC, Suite 202 Cross-Examination Workshop: Advice, Tips and Traps Conference of French Speaking Common Law Members (FSM)/FAJEFCL Business Meeting followed by Practice-Focused Presentation. This workshop focuses on the decision to proceed with cross-examination, goals, preparation, technique, wording of questions/statements, and applicable rules. Speaker: James E. Lockyer, Q.C., Faculty of Law, University of Moncton CCCA 100 SERIES WORKSHOPS 8:30 AM 11:30 AM WTCC, Suite 301 E+ 101 When Disaster Strikes: Handling the Legal Fallout (3hrs EPPM) Sponsored by Blake Cassels & Graydon LLP Every company will face a crisis at some point: a data breach, a strike, an environmental incident, a product recall. This spirited session, led by practitioners who have been there, will teach you how to stay cool when things get hot, and steer the corporation through the public and legal fallout. Topics include: crisis preparation - having the essential infrastructure in place; how organizational structure affects crisis management and how to navigate those complexities; picking the best advisors; establishing communication channels and minimizing information leaks; measures to avoid panic and business interruption; working with stakeholders, including employees, shareholders, bankers, suppliers, customers and regulators; pros and cons of moving quickly, especially in the court of public opinion; and legal and public relations tactics for effectively responding to different types of controversies. Speakers: Watson Gale, Canadian Blood Services (Ottawa) Jonathan Kahn, Blake, Cassels & Graydon LLP (Toronto) Terri L. Uhrich, Shore Gold Inc. (Saskatoon) Geoffrey Rowan, Ketchum Public Relations Canada (Toronto) 8:30 AM 11:30 AM WTCC, Suite 302 E+ 102 From Corporate Counsel to Business Advisor: Practical Strategies for Adding Value and Expanding Your Sphere of Influence (3hrs EPPM) Sponsored by Cognition LLP The days of the in-house lawyer as compliance cop and legal technician are 16 Conference Program
Concurrent Professional Development-CCCA Monday, Aug. 15 8:30 AM 11:30 AM gone. Today s corporate counsel participate at the highest levels of policy formation, are trusted partners and advisors to corporate leaders, and have critical in luence. But corporate counsel must remember that they have to earn their place at the boardroom table that their value directly correlates to the skills and strategic guidance they bring based on their experience in the business, political and regulatory context. Experienced individuals who have made the transition to the executive suite will engage in a relaxed, open and frank exchange on what it takes to succeed in the corporate landscape. Topics include: being a partner, not an impediment, addressing the continual challenge of doing more with less, working strategically with other business units, leveraging the talent of internal and outside counsel, and inding effective solutions to complex legal challenges. Speakers: David G. Gore, Loblaw Companies Limited (Brampton) Robert J S Hanf, Emera Incorporated (Halifax) Joe Milstone, Cognition LLP (Toronto) Elisabeth S. Preston, Allen-Vanguard Corporation (Ottawa) Shekhar Parmar, The Counsel Network (Calgary) 8:30 AM 11:30 AM WTCC, Suite 303 E+ 103 Litigation on a Budget Managing the Case, the Cost and Outside Counsel (3hrs EPPM) Sponsored by Fasken Martineau Dumoulin LLP Escalating litigation costs and shrinking corporate budgets leave little room for mistakes by in-house counsel in managing large-scale disputes. Don t miss this opportunity to hear best practices and irst-hand experiences of those who have found the right balance between budget and business needs. Our distinguished speakers will review strategies for matching litigation activities to client goals and resources, including, developing a litigation strategy and action plan, criteria for selecting external counsel, determining what kind of fee arrangement makes sense in the context of the dispute, using project management to budget, dividing responsibilities between internal and external counsel, managing the external litigation team, overcoming barriers to change, using information management to help meet discovery requirements, and measuring results. Speakers: Terrie-Lynne Devonish, Aon Canada Inc. (Toronto) Philippe Dufresne, Canadian Human Rights Commission - Litigation Services Division (Ottawa) Steven F. Rosenhek, Fasken Martineau DuMoulin LLP (Toronto) Richard G. Stock, Catalyst Consulting (Vancouver) Carla Swansburg, Royal Bank of Canada (Toronto) Halifax 2011 17
Daily Program Monday, Aug. 15 8:30 AM 12:30 PM MONDAY, AUGUST 15 8:30 AM 9:30 AM Legislation & Law Reform Committee Meeting WTCC, WTC 8A (Level 8) 9:00 AM 10:00 AM Equality Committee Meeting WTCC, WTC 8B (Level 8) 9:00 AM 10:30 AM Real Property Section Meeting PGH, Boardroom 317 10:00 AM 11:00 AM CBA Equality Trailblazers WTCC, WTC 8B (Level 8) 11:35 AM 12:20 PM Dialogue with the Federal Minister of Justice The Hon. Rob Nicholson WTCC, Metro Centre B (Level 4) 12:30 PM 1:30 PM Civil Litigation Section Meeting PGH, Regency 1 Light lunch provided. 12:30 PM 1:30 PM Small, Solo and General Practice Forum Meeting PGH, Boardroom 317 Light lunch provided. 12:30 PM 1:45 PM Administrative Law Section Meeting PGH, Boardroom 217 Light lunch provided. 12:30 PM 1:45 PM Canadian Judges Forum Meeting PGH, Windsor 1 12:30 PM 1:45 PM Conference Lunch in the Expo WTCC, Metro Centre A (Level 4) 18 Conference Program Take this opportunity to visit the exhibitors and get your Passport stamped to be eligible to win the grand prize valued at $3,500! Admission by badge. 12:30 PM 1:45 PM CCCA Conference Luncheon with Keynote Speaker MHH, Nova Scotia CD Sponsored by Lex Mundi Speaker: Larry Rosen, Chairman & Chief Executive Of icer, Harry Rosen Inc. Eldest son of Harry Rosen, Larry Rosen has worked for the company for more than 25 years. Larry began learning the business as a teenager, working summers as a sales associate in Harry Rosen stores. He obtained a Bachelor of Arts degree from the University of Toronto and went on to earn a Masters of Business Administration and Bachelor of Laws Degree from the University of Western Ontario. After practicing corporate law in Toronto, Larry joined Harry Rosen as a buyer in 1985. He then became involved in store operations at a senior management level, and then became Buying Director. In 1997 Larry was named President and Chief Operating Of icer. He was appointed Chairman and Chief Executive Of icer in 2000. 12:30 PM 1:45 PM Elder Law Section Meeting PGH, Regency 2 Light lunch provided. 12:30 PM 1:45 PM Family Law Section Meeting PGH, Hanover Light lunch provided. continued on page 20
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Daily Program Monday, Aug. 15 12:30 PM MONDAY, AUGUST 15 12:30 PM 1:45 PM Health Law Section Meeting PGH, Balmoral Light lunch provided. 12:30 PM 1:45 PM Labour and Employment Law Section Meeting PGH, Windsor 2 Light lunch provided. 12:30 PM 1:45 PM Pensions and Bene its Law Section Meeting WTCC, WTC 8B (Level 8) Light lunch provided. The CCCA gratefully acknowledges the contributions of the following sponsors 20 Conference Program
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Concurrent Professional Development Monday, Aug. 15 2:00 PM 5:00 PM Simultaneous Interpretation is available where indicated. Receivers are available in each room. SI sponsored by Nova Scotia Department of Justice. All PD sessions are eligible for MCPD credits for substantive content. Please refer to the CLC website for complete accreditation details www.cba.org/ Halifax2011. Look for the E+ for programs offering ethics, professionalism and practice management content (EPPM). Concurrent PD Sessions 2:00 PM 5:00 PM WTCC, Room 200C 2.1 A Canadian Securities Regulator for the 21st Century Presented by the National Business Law Section Expert panellists will outline the details of the new Canadian securities regulator, including a review of the proposed Canadian Securities Act and an update on the work of the Canadian Securities Transition Of ice. Panellists will offer insight into the changes that the capital market can expect to see in the near future. Moderators: Barbara Hendrickson, Miller Titerle LLP (Vancouver) Thomas Kormylo, Pitblado LLP (Winnipeg) Speakers: Douglas M. Hyndman, Canadian Securities Transition Of ice (Vancouver) Colleen Keyes, McInnes Cooper (Halifax) Melanie McGrath, Lawyers Insurance Association of Nova Scotia (Halifax) Jacqueline Mullenger, Nova Scotia Barristers Society (Halifax) Lawrence Ritchie, Canadian Securities Transition Of ice (Toronto) Heather Zordel, Cassels Brock & Blackwell LLP (Toronto) 2:00 PM 5:00 PM WTCC, Room 200D E+ 2.2 Winning Advocacy Skills: Tips and Techniques for Appearing Before an Administrative Tribunal (1hr EPPM) Sponsored by The Foundation for Legal Research Presented by Young Lawyers-CBA This session focuses on the steps involved in meeting the requirements of the federal environmental assessment regime for a major natural resource project, with an emphasis on the process and advocacy techniques critical to success before an environmental assessment review panel and other administrative tribunals. The two-part session begins with a mock hearing with experienced experts and seasoned counsel, followed by a discussion of the practical and professional issues inherent in practice before administrative tribunals. Moderator: Beth McGrath, Ottenheimer Baker (St. John s) 22 Conference Program
Concurrent Professional Development Monday, Aug. 15 2:00 PM 5:00 PM Advocacy Demo Participants: Tony Crossman, Miller Thomson LLP (Vancouver) Lesley Grif iths, Grif iths Muecke (Halifax) Sarah D. Hansen, Miller Thomson LLP (Vancouver) Duff Harper, Blake, Cassels & Graydon LLP (Calgary) Lee Jamieson, Stantec Consulting Ltd. (Saint John) James L. Thistle, Q.C., McInnes Cooper (St. John s) Tuma Young, Patterson Law (Truro) Speakers: Tony Crossman, Miller Thomson LLP (Vancouver) Sarah D. Hansen, Miller Thomson LLP (Vancouver) Duff Harper, Blake, Cassels & Graydon LLP (Calgary) James L. Thistle, Q.C., McInnes Cooper (St. John s) 2:00 PM 5:00 PM WTCC, Room 200E E+ 2.3 The Multi-jurisdictional Class Actions Dilemma: From Lepine to Judicial Protocols (1hr EPPM) Presented by the National Civil Litigation Section Multi-jurisdictional, cross-border and overlapping proposed national class actions are part of the current Canadian legal landscape. The CBA National Class Actions Task Force will report this summer on its work regarding legislative reform and judicial protocols. The ABA Cross-Border Class Actions Task Force also recently released its report. A distinguished panel of judges and lawyers from the defence and plaintiff class action Bar across the country will explain the challenges, the solutions proposed by each Task Force and the work that remains to be done. Moderator: Sylvie Rodrigue, Norton Rose OR LLP (Toronto) Speakers: Ward K. Branch, Branch MacMaster LLP (Vancouver) The Hon. Chief Justice Robert D. Laing, Court of Queen s Bench of Saskatchewan (Saskatoon) The Hon. Justice Jean-Paul Albert Ouellette, Court of Queen s Bench of New-Brunswick (Miramichi) Simon V. Potter, McCarthy Tétrault S.E.N.C.R.L., s.r.l (Montreal) The Hon. Chief Justice François Rolland, Superior Court of Quebec (Montreal) Raymond F. Wagner, Wagners (Halifax) continued on page 24 Halifax 2011 23
Concurrent Professional Development-CCCA Monday, Aug. 15 2:00 PM 5:00 PM 2:00 PM 5:00 PM WTCC, Suite 202 Urban Blight: Emerging Issues and Municipal Responses Municipal Law Section Practice-Focused Presentation In Canada, it can be argued, there are few, if any, examples of urban decline or blight that rival the American rustbelt think Detroit or Flint, Michigan. Having said that, there are signi icant issues that challenge municipalities and transform our urban landscapes for better and worse. Our panel discussion will include sign and billboard regulation, the impact of the student ghetto on residential neighbourhoods, as well as the problems posed by declining populations. Finally, we will discuss municipal attempts to control the hidden and insidious damage done by marijuana grow operations on the urban fabric. Speakers: Barnet Kussner, WeirFoulds LLP (Toronto) Demetri Kachafanas, Cape Breton Regional Municipality Kelly Rayter, City of Surrey Kelly Gravelle, City of Oshawa Moderator: Denise Jakal, City of Calgary CCCA 200 SERIES WORKSHOPS 2:00 PM 5:00 PM WTCC, Suite 301 201 International Accounting and Reporting Standards Changes: What Corporate Counsel Need to Know The movement toward a single set of International Financial Reporting Standards (IFRS) presents challenges and opportunities for companies and in-house counsel. Prominent corporate counsel, CFOs, and accounting professionals who have worked extensively on these critical issues will address timely topics including IFRS basics, bene its and challenges; the status of convergence between Canadian Generally Accepted Accounting Principles and IFRS; lessons from similar transitions elsewhere; essential action items to deal with the new requirements; and practical implications for business and legal practitioners including impact of IFRS on valuation and due diligence processes, purchase agreements and deal structure and inancing. Don t miss this essential M & A update. Speakers: Sean Cable, PricewaterhouseCoopers LLP (Toronto) Fred Headon, Air Canada (Dorval) 24 Conference Program
Concurrent Professional Development-CCCA Monday, Aug. 15 2:00 PM 5:00 PM 2:00 PM 5:00 PM WTCC, Suite 303 E+ 202 Navigating the Family Owned Business: Tips for In-house Counsel (1.5hrs EPPM) Family-owned businesses face unique issues succession planning, marriages and divorces, complicated relationships as well as routine issues that emerge around turf battles, shareholder control, compensation structures, and processes for strategic decision-making. In-house counsel in these environments require a depth of experience across multiple disciplines, but also high emotional intelligence to be able to handle the complexity of intra-family relationships. This session, led by presenters with family business experience, will augment your technical skills to provide strategies and tools to help business families effectively manage the important, and often complicated and sensitive issues they face. Topics include understanding the family business and its unique issues, planning for leadership transition, leadership structures that support sustainable enterprises, integrating family values into decision making and strategic planning processes, succession planning, and more. Speakers: Grant Borbridge, Luctor-Emergo Group of Companies (Calgary) Larry Rosen, Harry Rosen Inc. (Toronto) Janis Byrne, Pennecon Group (St. John s) Shawn Levangie, Trail Blazer Products Ltd (Dartmouth) Richard Niedermayer, Stewart McKelvey (Halifax) 2:00 PM 5:00 PM WTCC, Suite 302 203 Government and Internal Investigations: A To Do List Sponsored by Gowling La leur Henderson LLP Corporate failure, theft, and regulatory violations are just a few of the events that can prompt a regulatory or internal investigation; these matters demand thorough preparation on the part of the corporation and its counsel. Our distinguished group of in-house and external counsel provide valuable and practical advice for common legal and ethical issues that arise before, during and after an investigation, and best practices for corporate counsel. What types of allegations trigger an internal investigation? What are the bene its of cooperating or consequences of failing to cooperate with the regulator? What privileges are implicated in investigations? How can the company and its counsel avoid compromising any legal protections? What precautions should be taken when documenting an investigation? What should corporate counsel consider when deciding whether and when to communicate voluntary disclosures? Nuances of the public v. private setting will be explored. Speakers: Antoinette N. Bozac, Canada Lands Company (Toronto) David Rheault, Air Canada (Saint-Laurent) Kelley McKinnon, Gowling La leur Henderson LLP (Toronto) Kristine Robidoux, Q.C., Gowling La leur Henderson LLP (Calgary) Heidi G. Schedler, Nova Scotia Securities Commission (Halifax) Halifax 2011 25
Daily Program Monday, Aug. 15 2:30 PM 8:30 PM MONDAY, AUGUST 15 2:30 PM 4:00 PM Criminal Justice Section Meeting PGH, Regency 1 2:30 PM 4:00 PM SOGIC Meeting PGH, Hanover 4:30 PM 6:00 PM Communications Committee Meeting WTCC, Suite 205 5:00 PM Youth Program pick-up MHH, Halifax C 5:00 PM 5:45 PM Young Lawyers-CBA AGM WTCC, Room 200D 5:00 PM 7:00 PM CCCA Reception MHH, Halifax AB All corporate counsel are invited to make their way back down to the harbourfront for a reception hosted by CCCA. Network with your peers while enjoying the tastes and breathtaking views offered by the headquarter hotel, the Marriott Halifax Harbourfront. 5:15 PM 6:30 PM Conference of French Speaking Common Law Members Reception with an Acadian twist MHH, Acadia A The Reception is cohosted by La Fédération des associations de juristes d expression française de common law. 5:15 PM 6:30 PM Joint Small, Solo and General Practice Forum and LPAC Reception MHH, Acadia B Sponsored by Sims Law Corporation and LPAC All registrants welcome. Admission by badge. 5:15 PM 6:30 PM Women Lawyers Forum Reception MHH, Acadia C The Forum welcomes all registrants to the presentation of the Cecilia I. Johnstone Award to Kerry-Lynne Findlay, Q.C., for her professional achievements, and her in luence and support for women in the legal profession. 6:00 PM 8:00 PM Military Law Section Reception CFB Halifax All registrants welcome. Admission by badge. Evening Law Firm Receptions Receptions are held throughout the city hosted by local law irms. Please see reception invitations found in your registration kit for details. Admission by badge. 8:30 PM 10:30 PM Monday Night Maritime Music Extravaganza Presented by Stewart Title WTCC, Metro Centre B (Level 4) Enjoy some of the Maritimes top musical talent, such as Ashley MacIsaac, Jimmy Rankin, Bruce Guthro, Laura Smith and many more during the Monday night concert. The Extravaganza is presented once again by Stewart Title. Admission included in full registration fees. Admission by ticket. 26 Conference Program
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Daily Program Monday, Aug. 15 10:30 PM Tuesday, Aug. 16 7:30 AM 9:00 AM MONDAY, AUGUST 15 10:30 PM Young Lawyers Late Night Bash Lower Deck Beer Market 1869 Upper Water St Sponsored by Stewart Title Join your hosts and kickback at this popular event. Admission by badge. TUESDAY, AUGUST 16 7:30 AM 3:00 PM Conference Registration WTCC, Level 1 Registration Desk 7:30 AM Youth Program sign-in MHH, Halifax C Breakfast served 8:30 AM 12:00 PM Legal Expo WTCC, Metro Centre A (Level 4) Coffee and refreshments available all day in the Expo. Sponsored by CBA-New Brunswick, Patterson Law and PGi 9:00 AM 10:30 AM Construction Law Section Meeting PGH, Hanover 9:00 AM 10:30 AM LFFF Board of Directors Meeting WTCC, WTC 8B (Level 8) 9:00 AM 10:30 AM Women Lawyers Forum Meeting PGH, Windsor 1 7:45 AM 8:45 AM Conference Breakfast with Speaker WTCC, Metro Centre B (level 4) Speaker: Kady O Malley, Inside Politics Conference Breakfast sponsored by the CBA-New Brunswick Branch and the CBA- Prince Edward Island Branch 28 Conference Program continued on page 28
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Concurrent Professional Development Tuesday, Aug. 16 9:00 AM 12:00 PM Simultaneous Interpretation is available where indicated. Receivers are available in each room. SI sponsored by Nova Scotia Department of Justice. All PD sessions are eligible for MCPD credits for substantive content. Please refer to the CLC website for complete accreditation details www.cba.org/ Halifax2011. Look for the E+ for programs offering ethics, professionalism and practice management content (EPPM). Concurrent PD Sessions 9:00 AM 12:00 PM WTCC, Room 200C 3.1 Maritime Piracy Co-presented by the National Maritime Law and Military Law Sections The resurgence of piracy against commercial vessels in recent years, particularly in the waters off the Horn of Africa, has brought into sharp focus the risks to all those with an interest in the vessel and its cargo and to the maritime corridors upon which international trade depends. The Canadian Forces have been deployed in these same waters as part of the international community s response to this activity. A recent decision of Mr. Justice David Steel in England, ruling that a payment of ransom to Somali pirates was not contrary to public policy, has shown that the subject of piracy is of interest to both the military and to the legal and commercial communities. The panel, representing this variety of perspectives, will guide participants through this interesting subject through presentations and moderated Q&A. Moderators: Simon Barker, Oland & Company (Peterborough) Lt. Col. Randy Callan, Of ice of the Judge Advocate General (Victoria) Speakers: Mike MacColl, Talbot Underwriting Ltd. (London, England) Captain Pottengal Mukundan, International Maritime Bureau (London, England) Captain (N) S.M. Waddell, National Defence Headquarters (Ottawa) Professor Hugh Williamson, Dalhousie University (Halifax) Simon Barker, Oland & Company (Peterborough) 9:00 AM 12:00 PM WTCC, Room 200D E+ 3.2 Proportionality: The Effective Use of Dispute Resolution (1hr EPPM) Sponsored by Fraser Milner Casgrain LLP Presented by the National Alternative Dispute Resolution Section With the rapid growth of ADR, the importance and necessity of access to credible and skilled mediators, arbitrators and other ADR professionals have taken on heightened signi icance. Top Canadian practitioners will share their insights, in four specialized panels, into the latest trends, focusing on mediation, arbitration, ethical issues and cross-canada developments. The program will provide 30 Conference Program
Concurrent Professional Development Tuesday, Aug. 16 9:00 AM 12:00 PM attendees with information about ADR methodologies to assist those advising clients, and will provide lawyers who are mediators and arbitrators with substantive information and education. Co-Chairs: Speakers: Anne Gottlieb, Mediation At Work Ltd. (Toronto) Michael D. Scha ler, Fraser Milner Casgrain LLP (Toronto) Panel 1: Anne Gottlieb, Mediation At Work Ltd. (Toronto) Jean McKenna, Ritch Durnford Lawyers (Halifax) Raymond F. Wagner, Wagners (Halifax) Panel 2: J. Brian Casey, Baker & McKenzie LLP (Toronto) Jennifer Ross-Carrière, Mxi Technologies Ltd. (Ottawa) Michael D. Scha ler, Fraser Milner Casgrain LLP (Toronto) Panel 3: Laura Bruneau, Bruneau Group (Ottawa) Pamela Large-Moran, PLM Law/Con lict Resolution Services (CRS) Atlantic (Charlottetown) Elaine Newman, Newman Arbitrations Inc. (Toronto) Panel 4: Anne Gottlieb, Mediation At Work Ltd. (Toronto) Michael D. Scha ler, Fraser Milner Casgrain LLP (Toronto) Jacinta Gallant, Resolution PEI (Charlottetown) Elaine Newman, Newman Arbitrations Inc. (Toronto) 9:00 AM 12:00 PM WTCC, Room 200E E+ 3.3 Privacy in Practice (1hr EPPM) Presented by the National Privacy and Access Law Section This panel discussion will provide a thorough overview of how privacy laws affect all aspects of the practice of law, including: the legislative context that affects lawyers both federally and on the provincial/territorial level; introduction of the Privacy Commissioner s new Privacy Handbook for Lawyers; and the practical aspects of implementing privacy compliance programs within irms (large and small) and in-house departments. Throughout the program, participants will discuss how privacy intersects with legal ethics, in general, and obligations of con identiality, in particular. In facilitated workshops, participants will have the opportunity to discuss in more detail the issues raised by the program s expert panellists. Moderator: David Fraser, McInnes Cooper (Halifax) Speakers: Mark S. Hayes, Hayes e-law LLP (Toronto) Patricia Kosseim, Of ice of the Privacy Commissioner of Canada (Ottawa) Sara Ann Levine, Alliance Lex (Vancouver) Daniel J. Michaluk, Hicks Morley Hamilton Stewart Storie LLP (Toronto) Maureen L. Murphy, Gowling La leur Henderson LLP (Ottawa) continued on page 32 Halifax 2011 31
Concurrent Professional Development-CCCA Tuesday, Aug. 16 9:00 AM 12:00 PM 9:00 AM 12:00 PM PGH, Regency 2 Approaches to Offshore Oil Development in Canada Environmental, Energy and Resources Law Section Practice-Focused Presentation followed by Section Meeting Since the Atlantic Accord in 1985, East Coast oil and gas production has had a major impact on the region. New areas for exploration are opening in the Gulf of St. Lawrence with the recent agreement between the Government of Canada and the Province of Quebec, as well as in the Arctic in areas being affected by climate change. Come learn about existing and planned projects, innovative regulatory structures and implications for the future arising out of our ongoing needs for oil and gas. Speakers: Jim Thistle, McInnes Cooper (St. John s) Wylie Spicer, McInnes Cooper (Halifax) André Turmel, Faskens (Montreal) CCCA 300 SERIES WORKSHOPS 9:00 AM 12:00 PM WTCC, Suite 302 E+ 301 Commercial Contract Drafting and Negotiation: Advice for Avoiding Headaches (3hrs EPPM) Sponsored by Cassels Brock & Blackwell LLP Effective contract drafting and negotiation is at the heart of in-house counsel s role. Well-drafted legal documents not only articulate the terms of the transaction, but also protect and advance corporate interests, and establish the framework for successful business relationships. This session explores drafting and negotiation techniques that drive successful commercial outcomes, and avoid ambiguities that lead to con lict and litigation. Topics include principles of good drafting; use of boilerplate provisions; trends in statutory warranties, limited liability, exclusion, and damages clauses; the intersection between risk and insurance; common-sense negotiation strategies for achieving better, quicker deals; and, ethics and professional responsibility in document drafting and negotiation. Speakers: Dr. Stan F. Benda, Barrister & Solicitor (Toronto) Robert Brian Cohen, Cassels Brock & Blackwell LLP (Toronto) Stuart English, Cassels Brock & Blackwell LLP (Toronto) Robert A. Balcom, George Weston Limited, Loblaw Companies Limited (Toronto) 32 Conference Program
Concurrent Professional Development-CCCA Tuesday, Aug. 16 9:00 AM 12:00 PM 9:00 AM 12:00 PM WTCC, Suite 301 E+ 302 Ten Ethical Commandments for Corporate Counsel (3hrs EPPM) Today s in-house counsel must strike a ine and sometimes precarious balance between ethical decision-making and commercial reality. This session will address important practical differences in ethical challenges that corporate counsel face, and provide strategies for navigating the twilight zone between legal and corporate imperatives. Experienced practitioners will explore the unique dual role of in-house counsel in the context of everyday grey ethical areas such as identifying the client, managing con licts of interest, maintaining independence amidst role ambiguity, issues between parent and subsidiary companies, responding to requests for legal services, dealing with high level misconduct, obligations to the company and employee in whistleblower situations, determining when and how to bring in investigatory counsel, and implementing privilege preservation procedures. Speakers: Georges H. Dessaulles, Compliance Consultant (Mississauga) Anna Kelly Fung, Q.C., Intrawest ULC (Vancouver) Wendy A. King, Weyerhaeuser Company Limited (Vancouver) Paul D. Paton, University of the Paci ic, McGeorge School of Law (Sacramento) 9:00 AM 12:00 PM WTCC, Suite 303 303 Managing Risk for Competitive Advantage: How Routine Systems Can Help Keep You Out of Litigation and in the Black Sponsored by BOYNECLARKE LLP Risk management is more than a business decision, it s a competitive weapon. This session takes an in-depth look at effective risk management from traditional perceptions of legal/compliance risk to identifying and managing risk in global markets. Our seasoned panel of in-house counsel and risk management specialists provide a framework for keeping up with all the company activities that might have legal implications. Topics include recognizing that insured risks are just one subset of risks, achieving buy-in of management and the Board for risk management procedures, aligning risk management procedures with business and cultural considerations, coordinating risk management and compliance programs, navigating key legal, compliance and regulatory risks, and auditing for progress and success. Speakers: Meg Angevine, Independent Consultant (Ottawa) J. David O Brien, Q.C., McCain Eurocenter NV (Geneva) Claire E. Milton, ICD.D, Q.C., BOYNECLARKE (Dartmouth) Carole Stern Switzer, Esq., Open Compliance & Ethics Group (Scottsdale) Halifax 2011 33
Daily Program Tuesday, Aug. 16 10:00 AM 2:00 PM TUESDAY, AUGUST 16 10:00 AM 12:00 PM CBA Membership Committee Meeting MHH, Halifax B 11:00 AM 12:00 PM Legal Professional Assistance Conference AGM followed by Board Meeting PGH, Balmoral 12:00 PM 1:30 PM Alternative Dispute Resolution Section Meeting PGH, Windsor 2 Light lunch provided. 2:00 PM 3:00 PM Constitutional & Human Rights Law Section Meeting PGH, Hanover 2:00 PM 3:30 PM Military Law Section Meeting PGH, Regency 2 2:00 PM 3:30 PM Privacy and Access Law Section Meeting PGH, Regency 1 12:15 PM 1:45 PM Closing Lunch with Speaker Hosted by the Young Lawyers-CBA WTCC, Metro Centre B (Level 4) Sponsored by: CBA-Nova Scotia Host and Chair of the YL-CBA, Loreley Berra, will present the 2011 Young Lawyers Pro Bono Award. Speaker: Simon Sinek, Author of Start with Why Admission by badge. 34 Conference Program
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Concurrent Professional Development Tuesday, Aug. 16 2:00 PM 5:00 PM Simultaneous Interpretation is available where indicated. Receivers are available in each room. SI sponsored by Nova Scotia Department of Justice. All PD sessions are eligible for MCPD credits for substantive content. Please refer to the CLC website for complete accreditation details www.cba.org/ Halifax2011. Look for the E+ for programs offering ethics, professionalism and practice management content (EPPM). Concurrent PD Sessions 2:00 PM 5:00 PM WTCC, Room 200C E+ 4.1 The Art of Settling a Dispute: A Step-by-Step Guide to Negotiation, Papering the Deal and Enforcement (1hr EPPM) Sponsored by PricewaterhouseCoopers LLP(PwC) Presented by the National Intellectual Property Section This program will focus on the art of settling disputes (using IP examples). Experts will present tips and tricks on such topics as techniques of negotiation, dealing with applicable Competition Act issues, translating oral discussions into a viable and robust settlement agreement, and considering post-settlement issues including subsequent enforcement. Moderator: Kamleh J. Nicola, Torys LLP (Toronto) Speakers: Daniela Bassan, Stewart McKelvey (Halifax) Christa Brothers, Stewart McKelvey (Halifax) John Cotter, Osler Hoskin & Harcourt LLP (Toronto) Ron Dimock, Dimock Stratton LLP (Toronto) John B. Laskin, Torys LLP (Toronto) Sheridan E. Scott, Bennett Jones LLP (Ottawa) Allyson J. Whyte Nowak, Norton Rose OR S.E.N.C.R.L., s.r.l./llp (Toronto) 2:00 PM 5:00 PM WTCC, Room 200D E+ 4.2 Creating and Managing an Individualized Legal Practice (2hrs EPPM) Sponsored by Waterbury Newton Co-presented by the National Small, Solo and General Practice Forum, Law Practice Management & Technology Section, the Legal Profession Assistance Conference, and the Women Lawyers Forum Lawyers are by choice or necessity becoming creative in exploring alternate models for the delivery of legal services. Given recent advances in technology, growing pressures of family and the desire to minimize of ice overhead and maximize lexibility, traditional law irms and government organizations are challenged to accommodate the modern lawyer with reduced or lexible hours. Two expert panels will cover the nuts and bolts of setting up and managing an individualized legal practice, the irst panel addressing alternate models and 36 Conference Program
Concurrent Professional Development Tuesday, Aug. 16 2:00 PM 5:00 PM the second focusing on the tools and applications for supporting the delivery of legal services. Moderators: Lucille R. Birkett, Q.C., The Law House (Sherwood Park) Thomas Ullyett, Government of Yukon (Whitehorse) Speakers: Panel 1: Jean-François De Rico, Langlois Kronstrom Desjardins S.E.N.C.R.L., s.r.l (Québec) Edward Gallagher, Patriot Law Group (Onoway) Malliha Wilson, Government of Ontario (Toronto) Panel 2: Travis Allan, Zizzo Allan Climate Law LLP (Toronto) Pascale Pageau, Delegatus Legal Services Inc. (Montreal) Christopher D.G. Pike, Benson Myles (St. John s) 2:00 PM 5:00 PM WTCC, Room 200E E+ 4.3 An Insider s View of Corporate Social Responsibility (1hr EPPM) Presented by the National Section on International Law Corporate social responsibility - what is it and how can you assist your clients in meeting their obligations? Experienced Canadian and international practitioners will speak on the implications of international social issues for Canadian lawyers and their clients. The panel will discuss the challenges of meeting client needs in an international practice, followed by three concurrent workshops addressing international human rights, foreign corruption and socio-economic agreements. Chair, Plenary Panel: Graham Reynolds, Q.C., Osler, Hoskin & Harcourt LLP (Toronto) Speakers/Workshop Facilitators: Tara Erskine, McInnes Cooper (Halifax) Christine Healy, Statoil Canada Ltd. (St. John s) Richard Lane, Imperial Oil Limited (Calgary) Mark Morrison, Blake, Cassels & Graydon LLP (Calgary) Monique Pongracic-Speier, Ethos Law Group (Vancouver) David Neave, Blake, Cassels & Graydon LLP (Vancouver) continued on page 38 Halifax 2011 37
Concurrent Professional Development-CCCA Tuesday, Aug. 16 2:00 PM 5:00 PM CCCA 400 SERIES WORKSHOPS 2:00 PM 5:00 PM WTCC, Suite 301 401 The Evolving Role of General Counsel, and Advantages and Disadvantages of Wearing Multiple Hats v. Compartmentalization The role of corporate counsel has undergone a dramatic transformation in the last 10 years. Today s in-house counsel wears multiple hats: legal advisor, business advisor, legal department manager, compliance of icer, mediator, government affairs liaison, securities market gatekeeper, risk manager, ethicist, corporate secretary, and more. What is driving this merging of functions? How does one person manage this expanding set of responsibilities? What are the demarcations between commercial, risk and legal, and providing legal advice vs. commercial advice? What are the legal and practical implications of in-house counsel wearing so many hats? What are the bene its and disadvantages of a centralized versus compartmentalized law department? Join our faculty of experienced in-house counsel who have survived and thrived as they share candid views of the advantages and disadvantages of wearing multiple hats, and practical strategies for ensuring long term success for the company and you. Speakers: Samir Yalman Khan, Russell Investments Canada Ltd. (Toronto) D. Sean McGarrity, Brisbin Brook Beynon Architects (Toronto) R. Charles Perez, Ocean Nutrition Canada Limited (Dartmouth) Robert G. Patzelt, Q.C., Scotia Investments Limited (Bedford) 2:00 PM 5:00 PM WTCC, Suite 303 E+ 402 Ten Privacy Nightmares and How to Prevent Them (1.5hrs EPPM) Privacy breaches can take many forms - lost laptops, missing backup tapes, intrusion of computer systems - damaging a company s reputation and putting con idential information at risk. With multiple laws, jurisdictions, technologies and business models converging and evolving, it s hard to know if you and your company are doing everything you can to meet the legal and practical challenges associated with handling private data. Don t miss this practical how-to guide by notable experts as they share concrete advice for in-house practitioners on proactive contractual, technical and other safeguards to protect customer, employee and other personal information, and best practices for minimizing liability for disclosure of con idential information and responding to data breaches. Speaker: Terry L. Roane, Q.C., Cox & Palmer (Halifax) Dean I. Scaletta, Manitoba Public Insurance (Winnipeg) Jane Shapiro, Hill & Knowlton Canada (Toronto) 38 Conference Program
Concurrent Professional Development-CCCA Tuesday, Aug. 16 2:00 PM 5:00 PM 2:00 PM 5:00 PM WTCC, Suite 302 E+ 403 In-House Counsel, Privilege and Multi-jurisdictional Issues: Protecting Confidential Information in Business Communications and Litigation (3hrs EPPM) While the legal principles that govern privilege for internal and external counsel are in theory the same, practical experience and some recent court decisions make establishing and protecting privilege a major concern for inside lawyers. Because the client is a corporation, and because of the dual role of the in-house lawyer as counsel to and employee of the corporation, unique questions arise when privilege is asserted for communications with in-house counsel. This session will uncover the greatest and most troubling threats to corporate privilege, and provide practical strategies for establishing and preserving privilege. Topics include recent clari ications of the law on solicitor-client privilege, distinguishing legal advice from business advice, waiver of privilege and correcting inadvertent disclosures, use of privilege to protect disclosure of information and documents for litigation purposes, and the role of non-lawyer legal of icers and in-house lawyers internationally in asserting privilege. Speakers: Geoffrey D. Creighton, IGM Financial Inc. (Toronto) Jeffrey W. Galway, Blake, Cassels & Graydon LLP (Toronto) John H. Graham, Q.C., McInnes Cooper (Halifax) Eric Harvey, CN (Montreal) Halifax 2011 39
Daily Program Tuesday, Aug. 16 2:30 PM 6:30 PM TUESDAY, AUGUST 16 2:30 PM 4:30 PM New CBA Board of Directors Meeting MHH, Halifax A 5:00 PM 6:00 PM John Tait Award of Excellence Reception WTCC, Suite 202 Sponsored by Gowling La leur Henderson LLP All registrants are welcome to the presentation of the John Tait Award of Excellence to Susan Hardy who exempli- ies pre-eminence in public service. 5:00 PM 6:00 PM Touchstone Reception WTCC, Windows (Level 8) Sponsored by LawyerLocate.ca Recipients of the Equality Committee Touchstone Award, and the SOGIC Hero and Ally Awards will be honoured. The awards recognize excellence within the Canadian legal profession in advancing the cause of equality. All registrants welcome. Admission by badge. 5:00 PM Youth Program pick-up* MHH, Halifax C *Guardians attending the Closing Gala may pick up children at 10:00 pm 6:30 PM Midnight Closing Gala Reception and Dinner at the Marriott Harbourfront Hotel followed by the Kitchen Party at the Casino Nova Scotia Sponsored by TELUS Wrap up your 2011 CLC experience with dinner at the Marriott Harbourfront Hotel, featuring Maritime music and dance, followed by an energetic traditional Nova Scotian Kitchen Party and concert at The Casino Nova Scotia. Casino Nova Scotia stipulates attendees must be at least 19 years old. Admission by ticket. Attire: smart (and dance) casual. Tickets for this event are not included in the cost of registration. 40 Conference Program
The CBA gratefully acknowledges the contributions of the following sponsors WATERBURY NEWTON Halifax 2011 41
CSCJA Canadian Superior Courts Judges Association Meetings, Judges Day Conference & Lunch Judges who have pre-registered or wish to register for the Judge s Day Conference (open to judges of all courts) are requested to collect their materials from the Canadian Legal Conference Registration Desk. Please see p. 4 for times and locations. The registration fee for Judge s Day does not include admission to the Canadian Legal Conference. Registration Fee: $150 SUNDAY, AUGUST 14 8:30 AM 2:00 PM CSCJA Council Meeting and AGM PGH, Windsor 1 & 2 TUESDAY, AUGUST 16 Judges Day Conference & Lunch: Co-Hosted by the Canadian Superior Courts Judges Association and the Canadian Judges Forum 8:45 AM 12:30 PM Judges Day Pier 21 Canadian Museum of Immigration President Ruth Goldbloom will meet the judges and deliver a lecture to the assembled, telling the story of all immigration to Canada, including the broader story of nation building. Following the lecture and questions/answers the judges will be escorted on an indepth tour of the facilities. The tour is expanded to include Late 1940 s and Early 1950 s and the diverse immigrant emigration to Canada from the Baltic States, Sweden, Holland, Britain, America and Italy. 12:30 PM 2:00 PM Judges Day: Lunch Pier 21 Canadian Museum of Immigration Kenneth C. Rowe Heritage Hall Transportation to Pier 21 provided. Coach from Prince George Hotel departs at 8:30 am. 42 Conference Program
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Come for the business; stay for the sunshine. M A Y A K O B A Mid-Winter Meeting of Council Mayakoba, Mexico February 10-12 2012 44 Conference Program www.cba.org/mayakoba2012