INFORUM

August 31, 2015 InForum Issue

Society news

The NS Court of Appeal has set dates for the hearing of the Society's appeal in the TWU matter as well as dates for filing of facta by all the parties. A copy of the order may be found here

The Courts have developed enhancements to how the Civil Procedure Rules are published on the Courts’ website. On their interactive Rules and Forms pages, all Rule text is now in HTML, providing searchable, faster and more mobile-friendly access.

In addition, the Courts have added Forms in MS Word, providing contextual links at relevant Rules.

The Rules are now searchable on the Courts’ website. To keyword search Rule provisions, use the search box linked from the interactive Rules and Forms page.

The official, consolidated Civil Procedure Rules and Forms will continue to be available on the site as entire documents in PDF.

Library & Information Services is working with Lexum and CanLII to migrate the annotations from the Nova Scotia Annotated Civil Procedure Rules onto CanLII Connects, the new platform aggregating online Canadian case law commentary.

Annotations to cases up to October 2013 that consider provisions of the current Rules will go live on CanLII Connects by September 15. The Society will not continue to publish annotations.

The Society will maintain the Nova Scotia Rules page on the Society website, providing quick access to key resources on the Courts’ website, as well as the table of concordance from the 1972 Rules to the new Rules.

As announced in the April 13, 2015 issue of InForum, the Nova Scotia Annotated Civil Procedure Rules has been taken down as of August 31, 2015.

We welcome your comments, suggestions and feedback. For the Society, please contact Deborah Copeman, Librarian, at dcopeman@nsbs.org. For the Courts, please contact John Piccolo, Director of Communications, at piccolj@courts.ns.ca.

Regulation

Council of the Federation of Law Societies of Canada (FLSC) adopted a package of omnibus amendments to the Model Code on October 10, 2014. The package included amendments to the definitions section, new rules on language rights, revisions to the conflicts rules flowing from the decision of the Supreme Court of Canada in Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39 (CanLII), (“McKercher”), and amended conflicts rules on transfers between law firms and doing business with clients.

The 2014 amendments reflect input from law societies, the Ethics and Professional Responsibility Committee of the CBA, and academic members of the legal ethics community. The Code of Professional Conduct Committee (the Committee) spent several meetings reviewing the Federation’s proposed amendments and ultimately recommended the majority of those changes for approval by Council.  The amendments were ultimately adopted by Council on May 25, 2015.

Language Rights Rules

New rules have been adopted that require lawyers, when appropriate, to advise clients of their right to proceed in the official language of their choice.

The new rules were drafted following those that already appear in the codes of conduct of the Law Society of New Brunswick, the Law Society of Upper Canada, and the CBA, and are meant to be broad enough to account for a variety of linguistic groups that may be afforded special rights in different Canadian jurisdictions.

Conflicts of Interest – General Provisions

Although the conflicts rules in the Model Code are consistent with the Supreme Court of Canada’s 2013 decision in McKercher, the Standing Committee determined that some changes to the rules and commentaries were warranted to bring greater clarity. These amendments reflect input from the law societies and other stakeholders received during a consultation on draft amendments.

The amendments do not change the basic structure of the conflicts of interest rules; they start with a clear prohibition against conflicts, with accompanying commentary that includes a clear reference to the bright-line rule, and continue with the permitted exceptions. The definition of “client” in rule 1.1-1 has been amended to add the following language: “and includes a client of the law firm of which the lawyer is a partner or associate, whether or not the lawyer handles the client’s work.”

The definition of “disclosure” has also been deleted from rule 1.1-1. To ensure that appropriate guidance is given on disclosure obligations in cases of conflict of interest, the amendments move much of the content of this deleted definition into the commentary to the rule on consent, rule 3.4-2.

There are also amendments to the commentary following rules 3.4-1 and 3.4-2 to reflect, with greater clarity, the conflicts of interest principles articulated in the McKercher decision. The amendments do not change the conflicts rules. Amendments to the heading and introductory language to the commentary to rule 3.4-1 attempt to make it clear that the examples set out in the commentary illustrate situations in which conflicts of interest may occur. There are further amendments to commentary [9] of rule 3.4-1 regarding the duty of candour including language directly from paragraph 45 of the McKercher decision.  

Amendments to rule 3.4-2 on consent address an unintended gap in the original language. The former rule appeared to permit a lawyer to obtain consent to act in a case of conflict of interest from a current client only. The amendment broadens rule 3.4-2 to clearly allow for consent from all clients, not just current clients. Rule 3.4-10 continues to provide for consent from former clients.

A new paragraph [2A] has been added to the commentary of rule 3.4-2 to provide guidance on independent legal advice requirements in the context of consenting to conflicts. The commentary recognizes that independent legal advice may not be required in all cases, but notes that in some cases lawyers should recommend that such advice be obtained.

The commentary to rule 3.4-10 has been revised to better reflect the purpose of the rule on acting against former clients.

Conflicts of Interest - Transferring Lawyers

The guiding principle underlying the redrafted rules is that there should be no use of confidential information that may prejudice the client. The transferring lawyer rules have been amended with the goal of creating practical and easy to apply rules for the safeguarding of confidential information (see new rules 3.4-17 — 3.4-23 generally). This resulted in the deletion of much of Code rule 3.4-20 and its replacement with rules based on a principled and simpler approach.

The rules make it clear that only actual possession of confidential information is caught by the rules; knowledge of confidential information is not imputed to a lawyer. This is underlined by the retention of the clear statement of principle from the commentary to rule 3.4-19 of the Code which provides that imputed knowledge does not give rise to disqualification (see first paragraph of commentary to new rule 3.4-18).

Rule 3.4-25 “Determination of Compliance” has been deleted, reflecting the view that the Code ought not to require law societies to make decisions or findings about transferring lawyer situations. Another significant change is to allow for summary disclosure of confidential information to detect and resolve conflicts of interest arising from a lawyer’s change of employment or from changes in the ownership of a law firm. This change is based on the American Bar Association model and reflects a desire to regulate a practice that currently falls into a regulatory grey area. These changes appear in the commentary to both the transferring lawyer and the confidentiality rules (see new rule 3.3-7 and see the corresponding commentary under new rule 3.4-20 under the heading “How to Determine If a Conflict Exists Before Hiring a Potential Transferee”).

The separate definition of “client” applicable to the transferring lawyer rules has been deleted in recognition of the fact that the definition in rule 1.1-1 is broad and inclusive and is applicable to the entire Code. The definition of “confidential information” has also been deleted as rule 3.3-1 covers this concept, making the definition in 3.4-17 both vague and unnecessary (see deletions in new rule 3.4-17).

The commentary describing law firms with multiple offices was amended, eliminating language specifying that legal aid programs with community law offices form one law firm (see commentary paragraph [3] to rule 3.4-18). Further, rule 3.4-22 concerning relevant information that is not confidential has been deleted as no principled reason could be identified to impose an obligation to set up confidentiality screens or risk law firm disqualification for information that is not confidential.

The rule regarding lawyers supervising non-lawyer staff has been amended and new commentary has been added to provide additional guidance. The rules governing transferring lawyers confirms that lawyers and law firms must have administrative structures in place to protect confidential client information (see new rule 3.4-23).

Conflicts Of Interest — Doing Business with Clients: Transactions, Gifts and Testamentary Instruments

Transactions with clients

The provisions in the rules on doing business with clients cover many possible types of transactions. To improve readability and clarity, the amendments start with a single rule setting out a clear prohibition on transactions with clients unless they are “fair and reasonable to the client” (see rule 3.4-28). Much of the content of rules 3.4-28 and 3.4-29 has been moved into the newly revised rule 3.4-29. The list of steps a lawyer must take before entering into a transaction has also been revised so the steps appear in the order in which they should occur.

In the review of these amendments, there was some concern that the original rule would, for example, prohibit a lawyer in a small community from entering into a nominal transaction with a client who operates a snow plowing business for a small amount of snow removal. No public interest in such a prohibition could be identified, and the Committee noted that law firms often contract with clients for the provision of services that are in the normal course of the client’s business but are not nominal, ex office renovations.  The amendments to rule 3.4-30 address such circumstances which excludes transactions from these rules if they are “in the normal course of the client’s business” OR of nominal value (rule 3.4-30(c) and (d)).

To ensure that lawyers are not able to use an associate, related person, or trust/estate to enter into otherwise prohibited transactions with clients, the amendments include a new definition of lawyer (applicable to rules 3.4-27 to 3.4-42). The revised rules will thus prevent lawyers from doing indirectly what they are prohibited from doing directly.

Reflecting the view that independent legal advice will provide sufficient protection for the client in most situations covered by the rules and may not be required in every case, rule 3.4-29 has been amended to require a lawyer to consider whether independent legal advice is necessary.

Gifts and testamentary instruments

The rules governing the drafting of testamentary instruments (rules 3.4-37 to 3.4-39) have been slightly reorganized. The only substantive change is to narrow the circumstances in which a lawyer may include or cause to be included a provision in a testamentary instrument giving the lawyer a gift or benefit. This is now permissible only when the client is a member of the lawyer’s family.

If you have any questions about these amendments particularly or the Code generally, please do not hesitate to contact Elaine Cumming, Professional Responsibility Counsel at ecumming@nsbs.org or at 902-422-1491.   

Professional development

ADVERTISING LAW
ADVERTISING AND MARKETING LAW IN CANADA / Pritchard, Brenda; Vogt, Susan — 5th ed. — Markham, Ont. LexisNexis Canada, 2015. [KB 68.A3 P961 2015]

CHILDREN
CHILDREN'S LAW HANDBOOK / Zuker, Marvin A; Kirwin, Lynn M — 3d ed. — Toronto: Carswell Thomson Reuters, 2015. [KB 137 Z93 2015]

COMPANIES ACT
NOVA SCOTIA COMPANIES ACT AND COMMENTARY : 2016 EDITION / Bradley, Sarah P — Markham, Ont. LexisNexis Canada, 2015. [KB 109 B811 2015]

CRIMINAL LAW
MANNING, MEWETT & SANKOFF ON CRIMINAL LAW / Mewett, Alan W; Manning, Morris; Sankoff, Peter — 5th ed. — Markham, Ont. LexisNexis Canada, 2015. [KB 91 M611 2015]

ESTATE PLANNING
WEALTH PLANNING STRATEGIES FOR CANADIANS 2016 / Van Cauwenberghe, Christine — 10th ed. — Toronto: Carswell Thomson Reuters, 2015. [KB 155.E8 V217 2015]

IMMIGRATION LAW
CANADIAN FAMILY AND IMMIGRATION LAW: INTERSECTIONS, DEVELOPMENTS AND CONFLICTS / Battista, Michael; Jordan, Kelly D — Toronto: Carswell Thomson Reuters, 2015. [KB 24.E57 B336 2015]

LAWYERS
OUT OF PRACTICE: EXPLORING LEGAL CAREER PATHS IN CANADA / Kaufman, Amy; Beggs, Leeann — Toronto: Carswell Thomson Reuters, 2015. [KB 252 K21O 2015]

MAINTENANCE
SPOUSAL SUPPORT IN CANADA / Wilton, Ann; Semple, Noel — 3d ed. — Toronto: Carswell Thomson Reuters, 2015. [KB 136 W755 2015]

QUEBEC (CIVIL LAW)
RESEARCHING QUEBEC LAW : INSIGHTS FOR COMMON LAW PRACTITIONERS / Mauro, Clare — Toronto: Carswell Thomson Reuters, 2015. [KB 20 CAN M457 2015]

ROADS
RUSSELL ON ROADS / Russell, W.D — 3d ed. — Toronto: Carswell Thomson Reuters, 2015. [KB 49 R968 2015]

The new Barristers’ Library Discovery Catalogue is now live at catalogue.nsbs.org.

DiscoveryCatalogue-1

With one search, find

  • texts, case law reporters, legislation, forms & precedents collections, and other print material available in barristers’ libraries;
  • online resources (WestlawNext Canada, O’Brien’s Online)  licensed for in-library use in Halifax, Kentville and Sydney; and
  • NS Continuing Professional Development papers in full-text.

DiscoveryCatalogue-2

Tell us what you think – or for assistance or information, please contact Library & Information Services at nsbslib@nsbs.org, 902 425 2665, or 1 866 219 1202 (toll free).

Tips from LIANS

The new Limitations of Actions Act will be coming into effect on September 1, 2015, and one of the many questions we have been receiving most often is about the effect of the ultimate fifteen-year limitation period and file retention: “how long do I have to keep my files?”

While the new rule will be that most claims can no longer be brought against you fifteen years after an occurrence, it is not absolute. The Law Office Management Committee has drafted a file retention standard which states that the time a lawyer is to maintain records depends very much upon:

  • legal and regulatory requirements;
  • clients needs and abilities;
  • the nature of the matter;
  • limitation periods.

For example: the limitation periods do not apply to real property matters. A lawyer will need to continue to exercise their professional judgment, being mindful of their obligations.

For more information on this and other standards being developed by the Law Office Management Committee, please visit the LIANS website at: http://www.lians.ca/standards/law-office-management-standards.

If you have any questions on these or any other risk- or practice-related matters, do not hesitate to contact Stacey Gerrard, LIANS Counsel with the Risk and Practice Management Program, at sgerrard@lians.ca or call 902 423 1300 ext. 345.

The following email purportedly from “Morihiro Gotoh” requests representation in a business transaction:

From: Morihiro Gotoh [mailto : morihirogotoh @ outlook. com]

Sent: August-22-15 07:32 AM
Subject: Legal Matters

Dear Attorney
I am making an inquiry, Please do indicate if you handle commercial, contract, agency or business related matters?

Thank You
Morihiro Gotoh

This has been confirmed as a scam attempt — any communication from these individuals may be simply dismissed.

Be vigilant with every request for services that you receive. Fraudulent requests for services can be made by email, paper mail and courier, as well as individuals who arrive in person to retain you and use your trust account to receive and disburse funds. Be cautious with all cheques received, especially if they exceed an agreed upon amount.

Visit our Fraud section to read more on current reported scams and how to avoid them. Remember that you must always confirm a prospective client’s identification in accordance with the Client ID Regulations of the Nova Scotia Barristers’ Society.

If you decide to proceed with a transaction, be sure to go to the bank website to verify branch transit number, address and phone number on the cheque. Wait until the bank confirms that the funds are legitimate and are safe to withdraw from the deposit. Where possible, use the Large Value Transfer System (LVTS), an electronic funds transfer system that allows large payments to be exchanged securely and immediately.

For tips to avoid being victimized, read a list of "Red Flags”, and visit the Fraud section on lians.ca. To report or seek advice on dealing with fraud and scam attempts, contact Cynthia Nield at cnield@lians.ca or 902 423 1300, x346.

Homewood Human Solutions’ e-AP app mobilizes the resources of the Assistance Program for instant, anytime, anywhere access. The app can be used in English (e-AP) and in French (PA-e).

e-AP provides mobile access to in-depth information on a wide variety of work, health, and wellness topics, interactive checklists and tools, video and audio podcasts, e-services and e-counselling, and social media integration.

Topics include relaxation and reducing tension, visualization, caregiving and work-life balance, building self-confidence, working after retirement, anger management, addiction, nutrition or legal and financial issues — wellness resources that are literally at your fingertips at a place and time that’s convenient to you.

e-AP is free and compatible with iPhones™, iPads™, and Android™ devices. Simply visit iTunes or Google Play™ (formerly the Android™ marketplace).

Device requirements: iPhone™ (3G, 4, 4S, 5); iPod Touch™ (3rd and 4th generations); iPad™ OS 4, 5, 6; Android™ OS 2.2 or higher. Note: e-AP is not available for Blackberry devices and operating systems.

For more information or to download the app, visit this link or copy and paste the link into your browser: https://www.homewoodhumansolutions.com/media/eAP.aspx

For additional information, support, resources and counselling, visit the NSLAP website at www.nslap.ca. Please note that NSLAP is your “company” name when you register. When you call the NSLAP number at 1-866-299-1299, your call will be answered any time, day or night, 365 days per year.

Courts

The next meeting of the Court of Appeal Liaison Committee will be held on Thursday, October 29, 2015 at 3:30 p.m. The Committee is comprised of members of the Court of Appeal and a range of private and public sector appellate counsel.

The Committee’s role is to support the Executive Director in ensuring effective liaison with the Court of Appeal, while providing a means for ongoing communication between the Court of Appeal and the Nova Scotia Barristers' Society about matters of mutual concern and interest.

The three main tasks of the Committee are to identify practice and policy issues of mutual concern and interest to the Bench and Bar; recommend means for addressing these issues; and communicate the results of this process to the Court and to the Society for further communication to the profession or elsewhere.

Recent meetings have addressed issues such as education and support for self-represented litigants, electronic filings, vexatious litigants, pro bono initiatives, costs on appeal, and the ineffective counsel protocol.

If you have any issue, project or proposal that you wish to see brought before the Committee, please contact the Committee’s Co-Chair, Peter C. McVey, Q.C., at peter.mcvey@novascotia.ca by Thursday, October 15, 2015.

For the next phase of the HVAC renovation project underway at the Law Courts at 1815 Upper Water Street, the Barristers’ Gowning Rooms — separate change rooms and washrooms for men and women and a shared lounge — have moved to the third floor at the Law Courts, on the south side of the building.

The Men’s Gowning Room entrance is off the public foyer; the Women’s Gowning Room entrance is through the doors next to Courtroom 301.

The Society provides WiFi and a telephone for lawyers’ use in the Barristers’ Lounge, as well as seating areas and work spaces (table and chairs).

Lockers for day use are available in the men’s and women’s changing areas.

Please contact Library & Information Services at 902 425 2665 or 1 866 219 1202 for the door passcodes.

Province

A new Limitation of Actions Act ​– which sets standard time limits to file civil lawsuits – was passed by the Nova Scotia Legislature in the fall of 2014. Subsequently this legislation was amended in the spring of 2015. The new Limitation of Actions Act will be proclaimed in force and effective on Tuesday, September 1, 2015.

"This modernized legislation is simpler and provides more certainty and better protections for victims of sexual abuse," said Justice Minister Diana Whalen. "This is the first time this legislation has been significantly updated in decades."

The Act establishes a two-year basic limitation period, including for personal injury or breach of contract. It also creates an ultimate limitation period of 15 years for claims that may not be discovered right away, such as undetected medical complications from surgery. This gives Nova Scotians up to 15 years from the date of an action or omission to start a civil lawsuit.

Victims of sexual misconduct and those abused in an intimate or dependent relationship can now file a civil lawsuit against their abuser no matter when the event happened.

Find the amended legislation online in New Limitation of Actions Act, along with a Q&A, Transition Rules, and Table of Concordance.

More information on the legislation can be found on the Status of Bills webpage at Bill No. 64: Limitation of Actions Act, An Act Respecting the Limitation of Actions.

Lawyers are reminded to track limitation dates carefully and to file their actions on time to avoid claims against them.

Dear Member:

In the fall of this year the Advisory Committee on Queen’s Counsel Appointments, chaired by the Honourable Justice Peter Bryson, will consider candidates for the next Queen’s Counsel appointments.

The criteria for these appointments are:

(a) fifteen years or more as a member of the Bar of Nova Scotia as of September 30, 2015 and eligible to practise law in Nova Scotia;

(b) demonstrated professional integrity, good character and outstanding contributions to the practice of law through one or more of:

(i) recognition by other members of the profession as an exceptional barrister or solicitor,

(ii) exceptional contributions through legal scholarship, teaching or continuing legal education,

(iii) demonstration of exceptional qualities of leadership in the profession, and

(iv) engaging in activities of a public or charitable nature in such a way as to raise the esteem in which the legal profession is held by the public;

(c) the Advisory Committee on Queen’s Counsel Appointments is asked to consider regional, gender and minority representation among the persons recommended for appointment as Queen’s Counsel.

In order to be considered as a candidate for a Queen’s Counsel appointment, you must apply pursuant to this request. The Committee will not consider applications or nominations from previous years.

A complete application or nomination package must consist of an original and one copy of the Authorization for Disclosure of Information and Release Form, and an original and twelve copies of the following documents:

(a) Application or Nomination Form;

(b) Information form. (Ordinarily the information will be confined to the Form provided. However, if you find the space on the Form insufficient, additional material that you may wish to provide [not exceeding two pages in length] will be considered by the Committee. Material exceeding two pages will not be forwarded to the Committee); and

(c) Two Letters of Reference.  

These forms are available on the Queen’s Counsel process page of the Nova Scotia Barristers’ Society website

Persons may either apply personally or may nominate a member of the Bar. All applicants will be treated equally by the Committee whether they are nominated, or whether they apply personally.

Your complete application or nomination must be received by Justice Bryson no later than 4:00 pm, Wednesday, September 30, 2015. It may be mailed or delivered to:

Advisory Committee on Queen’s Counsel Appointments
c/o The Honourable Justice Peter Bryson
The Law Courts, 1815 Upper Water Street
Halifax, NS B3J 1S7

Thank you for your attention to this matter.

Yours truly,
Tilly Pillay QC, A/Deputy Minister of Justice

The following proclamations were published in the Royal Gazette, Part II since the last issue of InForum:

An Act to Amend Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, S.N.S. 2014, c.43, s.38
NS Gaz Pt 2, 08/21/2015
NS Reg 295/2015

Limitation of Actions Act, S.N.S. 2014, c.35, s.31
NS Gaz Pt 2, 08/21/2015
NS Reg 297/2015

An Act to Amend Chapter 70 of the Revised Statutes, 1989, the Civil Service Act, S.N.S. 2015, c.14, s.19
NS Gaz Pt 2, 08/21/2015
NS Reg 300/2015

This notice has been prepared by Society staff in Library & Information Services.

Other news

Application for this year’s program (2015-2016) due now!
Overseas Placements In Africa, The Caribbean and Asia: 2015-2017

The CBA has received funding from the Department of Foreign Affairs, Trade and Development (DFATD) to send twenty (20) young Canadian lawyers for each of the two years to work with legal human rights and legal development organizations overseas.

The internships are expected to be for 8 months each, from October 2015 to May 2016 in the first year and from August 2016 to March 2017 in the second year. The first month will be spent in Canada preparing, and there is a two-week holiday approximately half-way through the placement.

Living and accommodation expenses are paid by the program, as well as travel costs to the overseas placement.

For further information about the program, please see the CBA’s web site at http://www.cba.org/CBA/IDP/yiip/ . Please note the eligibility guidelines and the information on how to apply.

---------------------------

Les candidatures pour le programme de cette année (2015-2016) doivent être présentées maintenant!
STAGES À L’ÉTRANGER EN AFRIQUE, DANS LES CARAÏBES, ET EN ASIE : 2015-2017

L’Association du Barreau canadien a obtenu du  ministère canadien des Affaires étrangères, du Commerce et du Développement (MAECD) les fonds qui permettront à vingt (20) jeunes juristes canadiens et canadiennes de participer, pendant chacune des deux années du programme, à des stages à l’étranger auprès d’organismes de défense des droits de la personne et d’aide au développement juridique.

Les stages devraient être d’une durée de huit mois chacun, d’octobre 2015 à mai 2016 la première année et d’août 2016 à mars 2017 la deuxième année. Le premier mois du stage, qui sera passé au Canada, est consacré aux préparatifs, et chaque stage comprend deux semaines de vacances environ à mi-parcours

Le programme couvre les frais d’hébergement et de subsistance, ainsi que les frais de voyage jusqu’au lieu du stage.

Vous trouverez plus amples renseignements concernant les stages sur le site Web de l’ABC à http://www.cba.org/ABC/IDP/YIIP/. Veuillez prendre note des critères d’admissibilité ainsi que des informations sur comment présenter votre candidature. 

My name is Samira Zayid and I am a Senior Staff Lawyer at Nova Scotia Legal Aid. I, along with the support of other staff lawyers at Nova Scotia Legal Aid and the Dalhousie Legal Aid Service wish to inform and ensure that the Nova Scotia Bar is aware that the provincial government has introduced legislation proposing significant amendments to the Children and Family Services Act set out in Bill 112. This bill has now passed second reading.

Some of my concerns with this proposed legislation are as follows:

  1. Significantly shortened timelines for parents to address outstanding parenting concerns to allow for re-unification of families.
  2. Broadened but vague definitions of “child in need of protective services” effectively removing limits on the Department’s ability to intervene and remove children from families.
  3. Increased duty to report suspected/potential risk of harm by professionals, including lawyers, with the potential of facing prosecution for the failure to report. This could have significant impact on solicitor/client privilege.

If you share concerns about the proposed amendments, you may wish to contact the Department of Community Services (Janet.Nearing@novascotia.ca ) to encourage the government to stop the legislative process to allow for greater and more meaningful consultation before any changes are made. 

The family of the late Carol Mae MacPhee, of Central Onslow, is trying to locate a copy of her will. Mrs. MacPhee was born on July 13, 1941, and passed away on August 14, 2015, at the age of 74.

It is believed that a Truro lawyer drafted the will. Anyone with information is asked to please contact David MacMillan, Mrs. MacPhee’s son, at 1 647 770 8213 as soon as possible.

 

 

The Society wishes to advise members of the recent death of the following colleague. We extend our condolences to his friends and family.

  • Paul W. Goldberg, Halifax – August 18, 2015 Obituary

Please be advised that, effective August 31, the Nova Scotia Human Rights Commission is moving to:

Park Lane Terraces
3rd Floor, 5657 Spring Garden Road
Halifax

Our move to this fully accessible and central location will help to better serve all clients in the Halifax Region.

It is anticipated that full telephone service will be active by Tuesday, September 1.

The Commission’s mailing address will remain:

PO Box 2221
Halifax, NS
B3J 3C4

For general inquiries, please email hrcinquireis@gov.ns.ca.
The Commission’s toll-free number (in Nova Scotia) remains 1-877-269-7699. 
Local callers can continue to phone 902-424-4111.
TTY service remains available at 902-424-3139. 

Awards and congratulatory messages

Ron J. MacDonald QCThe Society is pleased to announce that Ron J. MacDonald QC is the recipient of the 2015 Distinguished Service Award. Established in 1999, the award is presented to a member of the Nova Scotia Barristers' Society who has made significant contributions to the community, the legal profession and the Society.

Mr. MacDonald is a practising lawyer and Director of the province’s Serious Incident Response Team (SiRT). Called to the Nova Scotia Bar in 1985, he has spent his career working within the province’s criminal justice system, initially as defence counsel for six years. He then spent 17 years in Antigonish as a Crown attorney before becoming a criminal law policy advisor at the Nova Scotia Department of Justice. During his time as a policy advisor, he was involved in several initiatives that resulted in legislative changes at both the federal and provincial levels.

He was President of the Nova Scotia Barristers’ Society during the 2005-2006 Council term, and is the current Chair of the Society's Professional Standards (Criminal) Committee. He was a member of Council for much of the 1990s and also in 2000-2001, and has served on numerous Society committees. He was also President of the Federation of Law Societies of Canada in 2010-2011, after representing Nova Scotia on the Federation Council from 2004-2009. 

Mr. MacDonald's extensive community service has also included volunteer efforts such as coaching girls’ softball and mens’ high school and university basketball, chairing community boards, working at the 2010 Winter Olympics, and helping to create the first Sexual Assault Response Team in Antigonish. He was awarded the National Heads of Prosecutions Humanitarian Award in 2007 to recognize his contributions.

The Distinguished Service Award was presented on September 18 at the Society’s annual Recognition Reception. The reception is an annual opportunity for the Society to honour lawyers and law students for their contributions that demonstrate the profession’s commitment to excellence and public service.

Several other achievements were also honoured:
  • Long service recognition: Gerald Regan QC will receive his 60-year practising certificate;
  • The 2015 NSBS Presidents’ Leadership Award: Rohan Rajpal, now articling with McInnes Cooper, received this award for leadership qualities and volunteer efforts while attending the Schulich School of Law at Dalhousie University; and
  • The 2015 Race and the Law Essay Prize: Robin Vernest of Antigonish, currently articling with Cox & Palmer, received the seventh annual prize for her paper, "Land: Inherent to Indigenous Sovereignty – The Crown must honour their solemn promises.” 
  • NSBS Presidents’ Leadership Summer Internship: Kathleen Tanner, now in her second year at the Schulich School of Law, spent this past summer as an intern with Bangladesh Legal Aid Services and Trust (BLAST) in Dhaka, Bangladesh.
 
Careers

Truro office of busy law firm requires an experienced legal assistant to commence full time employment immediately. Experience in family law highly desirable, with a minimum of two years legal experience. Competitive salary and excellent benefits.

Please direct resumes, in confidence, to:    

J. Mallov, Firm Administrator
Burchell MacDougall
PO Box 1128                                          
Truro, NS  B2N 5H1                                     

 

  • 20 years experience in most areas of practice
  • worked for major firms in Toronto and Halifax
  • proficient in MS Word, MS Outlook, PC Law, spreadsheet applications and conducting research on the internet
  • proven performer in accurately preparing and managing court documents and correspondence
  • excellent interpersonal, communication and relationshijp-building skills
  • ability to work both independently and as a team player

I thrive in a challenging environment. I'm self-motivated and a professional. I'm interested in full time, part time or contract employment. Please email whynotv@ns.sympatico.ca or call 902-240-4336 and I will be happy to send you my resume.

If you are an ambitious individual looking to practice law in a rural community but in a busy practice with interesting and different types of work, we would like to talk to you.

Pickup MacDowell, a well-established law firm in Port Hawkesbury, Nova Scotia, is seeking an Associate Lawyer.

The individual who would be successful to obtain this position would be expected to assist the current lawyers in Municipal, Family, and general practice and will be encouraged to build their own practice.

Newly called lawyers are welcome to apply.

Pickup MacDowell is seeking to fill the position upon fiinding the right person and fit.

Interested applicants should apply in confidence to
Lorne J. MacDowell, Q.C.
302 Pitt Street
Port Hawkesbury, Nova Scotia
B9A 2T8
Telephone (902)625-2500
Fax (902)625-0500
Email: pickupmacdowell@pkpmd.ca

Cox & Palmer is a full-service, top-ranked Atlantic Canadian law firm with knowledge and experience clients rely on for solid legal solutions. The firm prides itself on a collegial work atmosphere and supportive team environment. We hire self-motivated, team-minded individuals with a strong work ethic, integrity and a commitment to client service. 

Our Halifax office is currently seeking a lawyer for our Corporate & Commercial practice group with significant experience in securities transactions. Interest in start-ups is also valuable. The successful candidate will have 3 to 5 years’ experience in: 

  • mergers and acquisitions
  • corporate finance (public and private)
  • public issuer continuous disclosure obligations
  • corporate law
  • corporate governance
  • venture capital and private equity 

 SUMMARY OF RESPONSIBILITIES

  • Provide advice and representation to acquirers, targets, shareholder groups and financial advisors in a range of M&A transactions;
  • Engage in strategic business development to enhance existing client relationships and attract new clients;
  • Act as a mentor to junior associates and clerks; 
  • Possess the ability to teach and present in a variety of contexts including in-house and external seminars, etc.

 SKILLS AND QUALIFICATIONS

  • 3 to 5 years’ experience in securities law; 
  • Knowledge of relevant legislation covering all areas of securities law;
  • A highly motivated self-starter who has the ability to work well both autonomously and in a team environment;
  • Attention to detail, proven organizational skills and an effective communicator; 
  • A member of the Nova Scotia Bar (or the potential to become a member).

Recognized as one of the Best Places to Work in Atlantic Canada, Cox & Palmer, Halifax office provides a competitive compensation and benefits package including: 

  • Health, dental, life and disability insurance;
  • Group RRSP; 
  • Employer paid parking & professional membership fees;
  • Smartphone allowance;
  • Employee assistance program;
  • Annual health and fitness allowance. 

Qualified candidates who are interested in this position should send a covering letter and resume by Friday, September 11, 2015 to:

Claude Baldachino
Director of Professional Development
Cox & Palmer Suite 1100
1959 Upper Water Street
Halifax, NS B3J 3N2
Direct: (902) 491 4453
cbaldachino@coxandpalmer.com 

Notice of Opportunity for Fixed-Term Agreement as Agent of the Director of Public Prosecutions

The Atlantic Regional Office of the Public Prosecution Service of Canada (PPSC) is seeking private-sector lawyers or law firms with experience prosecuting or defending criminal matters to assume responsibility for the conduct of prosecutions and related proceedings arising from the enforcement of various federal statutes, and assist the regional office in the judicial districts listed below:

  • Kings County, including the court location of Kentville (REF NS –28)
  • Annapolis County, including the court location of Annapolis Royal (REF NS 29)
  • Digby County, including the court locations of Digby and Comeauville  (REF NS – 30)
  • Yarmouth County, including the court locations of Yarmouth and Comeauville, Fisheries Act only (REF NS – 31)

Applications will be accepted from July 17, 2015 to August 30, 2015.

You are invited to visit the “Fixed Term Agreement Opportunities” section of the PPSC Agent Affairs website to obtain forms and further information with regards to this competition:

http://www.ppsc.gc.ca/eng/aaf-man/index.html                       

Please submit your completed application to:

Paula Taylor
Atlantic Regional Office
Public Prosecution Service of Canada
Suite 1400, Duke Tower
5251 Duke Street
Halifax, Nova Scotia
B3J 1P3
Fax:  902 426 7274
paula.taylor@ppsc-sppc.gc.ca

For any questions, please contact Linda Sparks at 902 426 7023.

----------------

Avis de possibilité d’entente à terme fixe à titre de mandataire du Directeur des poursuites pénales

Le Bureau régional de l’Atlantique du Service des poursuites pénales du Canada (SPPC) recherche des avocats ou des cabinets du secteur privé qui possèdent de l’expérience en poursuites ou en défense pénale, pour prendre en charge la conduite de poursuites et de procédures connexes découlant de l'application de diverses lois fédérales, et pour aider le bureau régional dans les districts judiciaires énumérés ci-dessous :

  • Comté de Kings, y compris le tribunal de Kentville (REF NS –28)​
  • Comté d’Annapolis, y compris le tribunal d’ Annapolis Royal (REF NS – 29)
  • Comté de Digby, y compris les tribunals de Digby et Comeauville (REF NS – 30)
  • Comté de Yarmouth, y compris le tribunal de Yarmouth et Comeauville, Lois sur les pêches seulement (REF NS -31)

Les demandes seront acceptées du 17 juillet 2015 au 30 août, 2015.

Vous êtes invité à consulter la section des « Possibilités d’entente à terme fixe » au site  du Programme des mandataires du SPPC afin d’obtenir les formulaires ainsi que  plus amples informations relativement à ce concours:

http://www.ppsc-sppc.gc.ca/fra/man-aaf/index.html

Prière de soumettre votre demande complétée à :

Paula Taylor
Bureau régional de l’Atlantique
Service des poursuites pénales du CanadaPièce 1400, tour Duke
5251, rue Duke
Halifax, Nouvelle-Écosse
B3J 1P3

Téléc :  902 426 7274
Paula.Taylor@ppsc-sppc.gc.ca

Si vous avez des questions, veuillez contacter Linda Sparks – 902 426 7023.

Noseworthy Di Costanzo Diab is a well established law firm located in Halifax and currently has opportunities for associates to join our growing practice.   

We are seeking lawyers who are self-motivated and preferably have an existing clientele. 

Please reply in confidence to John Di Costanzo at jdicostanzo@nddlaw.com.

Irving Shipbuilding, located at 3099 Barrington Street Halifax NS B3K 5M7, is part of the J.D. Irving Group of companies and is in the business of building quality ships and repairing vessels. The company’s primary site is Halifax Shipyard, with three other locations in the Maritime Provinces. Irving Shipbuilding is currently working on a number of significant projects for the Department of National Defense and the Canadian Coast Guard. The company’s commitment to health, safety and care for its employees and the environment is an integral part of its business.

Labour Relations Analyst

This is a permanent full time staff role based in Halifax NS.

Responsibilities:

  • overseeing the organization and integrity of labour relations data, documents, and information systems  
  • writing and running reports to support daily labour relations work, collective bargaining and the grievance arbitration process
  • conducting and presenting research to the labour relations team or stakeholders
  • performing routine, in-depth factual data compilation and analysis, including document review, requests for information, and preparing correspondence, reports, presentations, and files for review
  • preparing files for disciplinary matters and grievance hearings
  • assisting with policy development
  • completing project work as assigned
  • work includes diverse analytical duties involving different and unrelated processes and methods.

Qualifications

  • post-secondary education, preferably in the field of Human Resources
  • experience in the practice of law OR a minimum of 3 years’ experience in human resources and/or labour relations
  • ability to write clear and persuasively
  • a systematic, disciplined and analytical approach to problem solving
  • ability to effectively manipulate large quantities of data (advanced skills)
  • advanced skill level for VISIO and Microsoft Office
  • experience using Cognos and Kronos is an asset
  • impeccable eye for detail
  • advanced analytical skills
  • familiarity with interpreting collective agreements
  • working knowledge of employment legislation and policies, including Human Resources best practices
  • excellent documentation and file management skills

All successful applicants must meet requirements for Canadian Controlled Goods Program (CGP), Canadian Government Security clearance, and U.S. International Traffic in Arms Regulations (ITAR).We thank all candidates for their interest, however, only those selected for interviews will be contacted. Irving Shipbuilding Inc. is committed to the goals of Employment Equity.

Contact: smith.katelyn@jdirving.com

Power, Dempsey, Leefe & Reddy, located in Bridgewater, is one of the longest serving law firms in the South Shore region.

We are currently seeking an associate with an interest in civil litigation, as well as criminal and family law. The ideal candidate will have two to five years' experience, and be ready to hit the ground running at our busy firm.  Compensation shall be commensurate with experience and is negotiable. 

Please check out our website at www.lawpower.ca.

Interested applicants should forward their qualifications to:
Gail M. Tracey
Office Manager
via e-mail: gail@lawpower.ca

We look forwarwd to hearing from you.

Reference Number:  032-15 EE
Company: Emera Energy
Location:  Halifax, NS
Type of Employment:  Regular Full Time
Number of Positions: 1 

Company Overview: Emera Energy (EE) is a wholly owned subsidiary of Emera Inc. and is the premier energy marketing company in Atlantic Canada. Based in Halifax and Boston, Emera Energy owns over 1400 MWs of natural gas and renewable generation assets, manages energy commodities and provides related energy management services on behalf of customers throughout Eastern Canada and the Northeastern United States.   

Accountabilities: Reporting to Senior Legal Counsel, the Legal Counsel will join the existing team of five lawyers at Emera Energy to provide legal support in the areas of corporate, commercial, regulatory and other legal matters to the business in Canada and the US. Duties will include providing legal advice to the Company, ensuring compliance with applicable laws and regulations, drafting and reviewing contracts, supporting the trading and marketing business and generally protecting the Company’s interests.   

You will be responsible for your personal safety, that of co-workers, and those under your direction, by observing all Occupational Health and Safety Rules and Regulations. 

Skills, Capabilities and Experience: The successful candidate must have solid experience in corporate and commercial legal work at a reputable law firm; be a member in good standing of a provincial law society and be eligible for admission to the Nova Scotia Barristers’ Society; and have a minimum of 2 years’ experience in a legal role.   

You have the ability to communicate in an effective and non-technical manner, possess solid oral and written communication skills and have demonstrated success in effectively presenting and communicating ideas and successfully translating those ideas into action. You have strong organizational skills, and are detail-oriented. You are a client-focused problem solver, comfortable in a fast-paced environment and working to fixed deadlines while protecting the company’s interests. You will be a proactive team player with excellent interpersonal skills. 

Reports to: Senior Legal Counsel 

Remuneration: Commensurate with qualifications and experience. Emera Energy offers a comprehensive remuneration package including a competitive salary, potential for an incentive bonus, pension plan, share purchase plan and employee wellness program.   

Form of Application:  To apply, please go to www.emera.com – click on the Careers link at the bottom of the page and follow the instructions to APPLY for the Emera Energy opportunities. Complete all required information fields, and copy and paste your covering letter and resume into the online form. 

Application Deadline:  All interested candidates should apply no later than Tuesday, September 8, 2015.  Late applications may not receive consideration. 

Recruitment and Promotion Policy: When filling vacant positions, we are determined to hire the best candidates available. We’re committed to providing employees with a fair and equal opportunity to compete for jobs. Hiring and promotion of employees is based on skills, capabilities, knowledge and demonstrated abilities. We value diversity in the workplace and strongly encourage applications from all qualified candidates including African Nova Scotians and other members of the visible minority community, Aboriginal peoples, persons with disabilities, and women in non-traditional roles. Applicants from these designated groups wishing to self-identify may do so through a series of questions in the on-line application process. Normally, unless otherwise requested in advance, the supervisors of internal candidates selected for an interview will be contacted in order to facilitate scheduling of the interviews. The supervisor will maintain the confidentiality of the employee’s application.

The Canadian Lawyers Insurance Association (CLIA) provides professional liability insurance for lawyers practicing in 7 of Canada's province's and its 3 territories. The non-profit association was created to be a reliable and cost-effective source of insurance for the members of its subscribing Law Societies.

The CEO reports directly to CLIA's 7 member board and can be located anywhere in Canada. In this newly created position, the individual will be responsible for setting the strategy for the association going forward and ensuring the insurance programs operate in accordance with the rules set up by the subscribers. The CEO will also manage reinsurance, claims processes and underwriting functions for CLIA, as well as have oversight of all its financial affairs.

CLIA is looking for an individual with a postgraduate degree from an accredited educational institution, preferably with a LLB, CA and/or MBA designation. A background in insurance, law and/or accounting is considered an asset, as well as experience with handling claims, loss prevention and reinsurance. The individual will possess strong financial and communication skills, be a great strategic thinker and be comfortable working with many different stakeholders. A minimum of 10 years in a leadership position is a must, including a proven track record of relationship building with both internal and external parties.

If you are interested in being a key player in the Canadian law community, don't hesitate to contact us.

Johan Bolin
Associate
403.351.2448
jbolin@aplin.com

I am a property paralegal with over 7 years experience in a high volume position.  

Looking for full time not maternity 

Email: wuttheydo@hotmail.com

 

Volunteer and Pro Bono

Are you interested in gaining hands on experience in a wide variety of areas of law including entertainment law, intellectual property law, wills and estates, tax or just have an interest in the needs of local artists? If so, ALIS might be an organization that would interest you! We have an active board where each director participates in chairing different committees within the Board.

The Board of Directors meets monthly and meetings generally last 1-2 hours. The overall monthly time commitment should run between 6-10 hours, according to your involvement with activities occurring in each specific month. As Director, you would sit on the Board for a term of one year, namely October 2015 – 2016. There is a possibility to extend your term should you desire to. We are seeking directors who are interested in event organization and fundraising.

Contact Cameron.foster@dal.ca

Veith House is a multiservice non-profit located in Halifax’s North End. We offer a wide range of programs focusing on three key areas for children, families, and individuals: healthy minds, healthy bodies, and healthy relationships. We believe that these are the pillars that build healthy neighbours, who together create heathy neighbourhoods. We are about to start our strategic planning process and are looking for Board Members to fill in several key roles.

  1. Treasurer – must have experience in reading and interpreting financial statements, be available to work with our Finance Department. Background in Accounting preferred.
  2. Fundraising Chair – Lead our Fundraising Committee in setting goals, developing and executing plans to meet these targets.
  3. Lawyer
  4. General Board Membership

Purpose: To advise, govern, oversee policy and direction, and assist with the leadership and general promotion of Veith House so as to support the organization’s mission and needs.

Veith House mission: To meet the need of children, families, and individuals affected by poverty with empowerment as an ever present goal.

Length of term: Two-three years, which may be renewed up to a maximum of two consecutive terms, pending approval of the board.

Meetings and time commitment:

  • The board of directors meets year round on the last Tuesday of the month, 5:30 p.m., at 3115 Veith Street. Meetings typically last 60 minutes.
  • Committees of the board meet an average of four times per year, pending their respective work agenda.

Expectations of board members:

  • Attend and participate in meetings on a regular basis, and special events as able.
  • Participate on a standing committee of the board, and serve on ad-hoc committees as necessary.
  • Be alert to community concerns that can be addressed by Veith House mission, objectives, and programs.
  • Help communicate and promote Veith House mission and programs to the community.
  • Become familiar with Veith House finances, budget, and financial/resource needs.
  • Understand the policies and procedures of Veith House.
  • Financially support Veith House in a manner commensurate with one’s ability.

Please email Tamsyn Brennan at tamsyn.brennan@veithhouse.ns.ca an expression of interest. An application form will be then provided to you. Thank you to everyone interested in joining the governance of the Veith House community!

The On-Point Volunteers Association, a new non-profit organization in Nova Scotia, is seeking professionals for advisory support and board positions as it incorporates.

The organization aims to focus on group volunteer events, with the hope that volunteering together can build confidence for people who:

  • don't necessarily have many Halifax and Nova Scotia connections,
  • may be new to Canada and want to get a multitude of cultural experiences, 
  • want to build a resume for future school/work experiences to make themselves more competitive in future job interviews, and/or
  • would enjoy meeting new people and making new friends through group volunteer efforts.

The organization is in its early stages, and plans to host its first Annual General Meeting in January 2016. In the meantime, it is identifying volunteer opportunities for this fall and winter, refining its terms of reference, and beginning to recruit members.

Members will be required to register and pay an annual fee of $5 to be a part of the organization. The board will meet once every two months, which will count as the minimum volunteer requirement to be a member in good standing. One board vacancy is currently available.

The mission of the organization is as follows: On-Point Volunteers Association believes in the value of volunteers that are required to build healthy communities while simultaneously supporting the personal growth of people of diverse backgrounds by bringing them together through their interest in volunteering.

As a non-profit organization, On-Point Volunteers Association is committed to:

  • connecting our members to meaningful volunteer opportunities in a group setting;
  • supporting non-profit organizations and the people of our towns, cities and provinces through volunteer activities;
  • communicating the value of volunteers to our communities;
  • encouraging the integration of new members to our organization and our communities; and
  • guiding our members to develop personally and professionally through volunteering.

If you or anyone you know is interested in joining On-Point Volunteers Association or serving on the board, please contact Tracey Randem for more information at 902 210 3417 or traceyrandem@gmail.com.

A full compliment to our board will strengthen our ability to fulfill our mission and mandate. Our vision is of healthy, hopeful and empowered individuals, supported by a caring and involved community. We need people that understand the challenges, stigmas, and systematic issues faced by women and girls involved in, and at risk of involvement with the criminal justice system.

Coverdale has a mandate to provide programs and services for women and girls navigating their way in the community and those integrating back into society following incarceration. We offer a court support program, personal development workshops, and one-on-one support services. Our programs were developed and implemented to create self awareness and encourage positive change while promoting safe and healthy environments.

We are seeking people who understand that women and girls who are criminalized, living with mental health issues, marginalized, institutionalized and facing many barriers daily, require comprehensive and consistent supports and services.

Do you have the skills and desire to productively assist a not-for-profit organization and the women it serves? Coverdale Courtwork Society is the place where your passion and expertise can make a real difference. The committment includes a monthly board meeting, an opportunity to work on a committee, and a willingness to use your skills and knowledge to assist the Society. Attendance at Society events may also be required.

Interested? Please email us at hrcoverdale@eastlink.ca, Attn: Kathy McKay.

If joining the board isn't for you, there are other ways to help. If you have fundraising and/or proposal writing experience in your background, you may be interested in joining our Fund Development Committee.

We also rely on the generosity of the community for donations to ensure we can meet the ongoing needs of the women and girls we serve. Contact Marlene at 902-405-4327 or visit our website at www.coverdale.ca to donate.    

 

Excellent opportunity for anyone interested in serving on a diverse board with a common goal: bringing fresh, accessible and affordable food to the Gottingen Street community.  This Board worked hard to make the vision of a community co-operative grocery store come to light and it requires strong and keen members to keep the store moving forward.

You can learn more about the Carrot here: http://www.thecarrot.coop/

The Carrot Board is looking for people with a variety of skills but particularly someone with a human resources background.  The commitment includes monthly board meetings with ad hoc participation when required.  Please email Norman Greenberg at normangreenberg46@gmail.com if you are interested.

Upcoming Events
Event Date: Friday, September 11, 2015 - 08:30
 
CLE Day 2 - One and Done
A 12-hour extravaganza of CLE featuring the Hon. Justice Tom Cromwell of the Supreme Court of Canada as an evening speaker, sponsored by the Pictou County Barristers’ Society

Fees will be $175, starts at 8:30 am at Pictou Lodge, Braeshore and wraps up by 8:00 pm the same day.
Seating is limited, RSVP to Doug Lloy at Douglas.Lloy@nslegalaid.ca.
 
To register, cheques are payable to the Pictou County Barristers’ Society, at the following address:

Nova Scotia Legal Aid 
116 George Street 
New Glasgow, N.S.
B2H 2K6
 
Agenda of speakers
 
8:30 – 9:30 am: Ian MacLean, QC, Real Estate Tidbits
9:30 – 11:05 am: Stacey Gerrard, LIANS, Safe Practice Tips and Trends
11:15 – 11:50 am: Roger Burrill, Butch Fiske QC and Mark Scott, Significant Appeal Court Cases of 2015
11:50 am – 12:25 pm: Halfpenny-MacQuarrie, JPC, Specialized Provincial Court Forums
 
12:25 – 1:30 LUNCH 
 
1:30 – 2:15 pm: Lee Cohen QC, Immigration Law and You
2:15 – 3:00 pm: Harry Munro QC, Wills - A Dead Giveaway
3:15 – 3:50 pm: Chief Justice (S.C. Fam. Div.) Lawrence O'Neill, Case Management and Family Law Updates from the NSSC (FD)
3:50 – 4:25 pm: Scaravelli, J., Affidavits and Settlement Conferences
4:25 – 4:55 pm: Boudreau, J. and Barry Mason, Trial Advocacy Tips: Documentary Evidence Pointers
4:55 – 5:30 pm: Farrar, J.A., Written Appellate Advocacy
 
5:30 – 7:00 pm: NETWORKING / DINNER (dinner served 5:45 pm)
 
7:00 pm: Keynote Speaker, the Hon. Justice Tom Cromwell, SCC
 
Event Date: Thursday, September 10, 2015 - 19:00

Ethics in the Evening Program:
Toxic Legacies: Environmental Racism in Mi’kmaw & African Nova Scotian Communities

Discussion lead by:
Dr. Ingrid Waldron
Assistant Professor, School of Nursing, Dalhousie University

There is a history in Nova Scotia of rendering mute the complex and specific ways in which race and class get written into environmental policies that dictate where and how polluting industries and other environmental harms are located. Environmental decision-making and local land-use planning operate at the intersection of science, economics, politics, and special interests in ways that put the health and socio-economic well-being of communities of colour at risk. Therefore, there is a need to look at the interrelationship between race, environment, and vulnerability.

  • How do racial meanings become embedded in decisions about where polluting industries and other environmental threats are located?
  • How does environmental racism legitimize the exposure of economically and politically disenfranchised communities to harmful chemicals, pesticides, and other environmental threats?
  • How do poverty, institutional and systemic racism, and a lack of political power and representation contribute to environmental racism?
  • How does environmental racism reflect the ways in which the State has governed subjects differently based on hierarchies of race, gender, culture, and class?
  • How is environmental racism shaped by and shaping interactive relations of coloniality, capitalism, racism, class, and gender?
  • What impacts do these factors have on the health and socio-economic well-being of Mi’kmaw and African Nova Scotian communities?
  • How can we foster alliances and create solidarity amongst differently positioned people of colour, Indigenous peoples, and white allies to build the necessary political power to end environmental racism?

Please join us on Thursday, September 10 at 7 PM in the Boardroom at the Canadian Centre for Ethics in Public Affairs, 630 Francklyn Street, for a discussion on environmental racism in Nova Scotia. Light refreshments. Space is limited

Registration required: admin@ccepa.ca OR 902-428-1416

Facebook event page: https://www.facebook.com/events/1462836744039466/

Hosted by Canadian Centre for Ethics in Public Affairs: "Ethics in the Evening" Program.

Event Date: Wednesday, September 16, 2015 - 12:00 to 13:00

"Protest and Permanent Injunctions in the Aboriginal Context"

Nunatukavut Community Council v. Nalcor Energy

Speaker:

Jason Cooke, Burchells LLP

Event Date: Thursday, September 17, 2015 - 13:00 to 14:00

"The Implied Duty of Good Faith in Contract Performance"

Speakers:

Michael Pugsley & Sean Foreman - Department of Justice

 

Event Date: Friday, September 18, 2015 - 16:00

2015 Recognition Reception

Jill Perry, President of the Nova Scotia Barristers’ Society, invites you to attend the

2015 RECOGNITION RECEPTION

September 18, 2015 | 4:00 - 5:30 pm
Bluenose Ballroom, Delta Halifax
1990 Barrington Street

Please join the Society in celebrating excellence in Nova Scotia’s legal profession, as we present the 2015 Distinguished Service Award to Ron J. MacDonald QC, Director of the Nova Scotia Serious Incident Response Team, and recognize Gerald Regan QC with his 60-year practising certificate.

Several other achievements will also be honoured:

  • The 2015 NSBS Presidents’ Leadership Award
    Now articling with McInnes Cooper, Rohan Rajpal received this award for leadership qualities and volunteer efforts while attending the Schulich School of Law at Dalhousie University.
  • The 2015 Race and the Law Essay Prize
    Recent Schulich law graduate Robin Vernest of Antigonish received the seventh annual prize for her paper, "Land: Inherent to Indigenous Sovereignty – The Crown must honour their solemn promises.” Robin was also selected to participate in the 2015 United Nations International Indigenous Fellowship Program, held in Geneva in July. Read her winning paper at nsbs.org/race-and-law-essay-prize.
     
  • NSBS Presidents’ Leadership Summer Internship – Kathleen Tanner, now in her second year at the Schulich School of Law, spent this past summer as an intern with Bangladesh Legal Aid Services and Trust (BLAST) in Dhaka, Bangladesh.

The Recognition Reception is an annual opportunity for the Society to honour lawyers and law students for their contributions that demonstrate the profession’s commitment to excellence and public service.

Please RSVP by Tuesday, September 8 to Shirley Shane at sshane@nsbs.org

Event Date: Friday, September 18, 2015 - 09:00 to 16:00

Are you interested in creating positive and sustainable change in your community? Are you passionate about issues involving mental illness and the criminal justice system? 

On behalf of the Hope Not Jail team, I would like to invite you to attend our Community Forum, to be held on September 18, 2015 from 9:00 am - 4:00 pm at the Holiday Inn in Dartmouth. This will be an opportunity to share the research findings of the Hope Not Jail Project and become a voice in the decision-making process as we move forward and begin developing strategies for change. 

This event is open to the public and we encourage community stakeholders within the mental health and criminal justice systems, individuals with lived experiences, family members of individuals with lived experiences, and any other interested community members to attend! 

Limited space available. Please register here: http://bit.ly/1elCecH

To learn more about the Hope Not Jail research project, please visit our website at www.hopenotjail.org or follow us on Twitter!

Event Date: Friday, September 18, 2015 - 12:00 to 13:30

Rethinking Legal Capacity from a Disability Rights Perspective: Pitfalls and Possibilities 
Michael Bach, PhD
Canadian Association for Community Living; and
Institute for Research and Development on Inclusion and Society

  • Light lunch set out by noon in Rm 312 (Faculty Lounge)
  • Time is allotted for questions and discussion.
  • No registration required.  
  • No fee.  
  • All Welcome!

Series hoted by the Dalhousie Health Law Institute with sponsorship generously provided by the Schulich School of Law and the CIHR Training Program in Health Law, Ethics and Policy (hlep.ca)

Event Date: Monday, September 21, 2015 - 09:00 to Tuesday, September 22, 2015 - 17:00

This two-day seminar on ‘decision writing’, offered jointly by the CANADIAN INSTITUTE FOR THE ADMINISTRATION OF JUSTICE (CIAJ) and the COUNCIL OF CANADIAN ADMINISTRATIVE TRIBUNALS (CCAT), is for members of administrative agencies, boards, tribunals, etc.

This seminar provides essential tools for decision writers, new or experienced, to improve their decision writing skills. It includes lectures, discussions, and workshops that stress the nature of good prose, gender neutral language and the special requirements and challenges of decision writing. Since the art of writing is a skill that can be improved through practice, much of the instruction will center on practical written exercises. Each attendee will be assigned an instructor who will read a sample of the attendee’s writing prior to the seminar and coach the attendees during the seminar workshops. 

http://www.ciaj-icaj.ca/images/stories/eventsPDF/2015.CCAT.RegForm.pdf

Event Date: Tuesday, September 22, 2015 - 08:30 to 09:30

Builders' Lien Act – Personal Liability for Breaches of Trust

Ceilidh Construction v. Optimum Construction

Speaker:

  • Kevin MacDonald, Coady Filliter, Counsel for the Plaintiff

http://www.cbapd.org/details_en.aspx?id=NS_CON_0915

Event Date: Tuesday, September 22, 2015 - 17:30

Corinne Boudreau of Two Certainties Law Inc. will provide her insights on legal innovation, focusing on how new Pricing Models and Legal Technology are shaping how legal services are going to be delivered in the future.

http://www.dal.ca/faculty/law.html

Event Date: Wednesday, September 23, 2015 (All day) to Wednesday, September 30, 2015 (All day)

Registration is open until the Friday before the Online Land Registration Act training program.
The cost for this program is $600 plus HST and registrants have one week to complete the course.

Dates for next LRA course: Sept 23–30, 2015 
Event Date: Wednesday, September 23, 2015 - 12:00 to 13:00

"Maximizing the Impact of Your Own Expert - Before Trial."

Speaker:

Glenn R. Anderson, Q.C., Nova Scotia Department of Justice

Event Date: Wednesday, September 23, 2015 - 17:30 to 20:00

"Pre-Trials and Case Management"

Speaker:

  • The Hon. Associate Chief Justice Lawrence I. O'Neil , Supreme Court of Nova Scotia Family Division

http://www.cbapd.org/details_en.aspx?id=NS_FAM_0915

Event Date: Thursday, September 24, 2015 - 09:00 to Friday, September 25, 2015 - 18:00

Legaltech® is coming to Canada as Legaltech® Toronto!

With trade shows in both New York and San Francisco, Legaltech® is the #1 Resource for law firms and legal departments to get hands-on practical information for improving their law practice management.

Legaltech® Toronto explores the direction of legal technologies, and how actors in the industry can best adapt to a rapidly developing litigation landscape.

Despite the fact that we exist in an increasingly digital world, meeting challenges such as protecting client confidentiality, while delivering effective document management, are far from simple.

Whether you are the CIO of a firm, the General Counsel of a business, or a Chief Knowledge Officer looking for new project management tools, Legaltech® Toronto is designed to address the major challenges, and opportunities, that new technology is bringing to the legal realm.

Conference Highlights:

  • Cyber Hacking: Assessing the Threat and Avoiding the Headlines
  • Adapting to Client Driven Innovation
  • Data at Rest Outside the Firm – Do We Have Our Heads in the Cloud?
  • Artificial Intelligence: Designing Tech for Data Diagnostics
  • Tech Adoption: Strategies for a Successful Tech Roll-Out

and more…

Law Firms, CIOs, Corporate Counsel & IT Departments qualify for a specially-reduced rate!

Contact hgarcia@alm.com for more info or Download the Brochure for complete speaker and topic listing.

Event Date: Thursday, September 24, 2015 - 12:00 to 13:00

"Nova Scotia's New Pension Benefits Act – What You Need To Know"

Speakers:

  • Hugh Wright, McInnes Cooper
  • Kiersten Amos, McInnes Cooper

http://www.cbapd.org/details_en.aspx?id=NS_CCA_0915

Event Date: Monday, September 28, 2015 - 17:00 to 18:00

"Tricks For Your Treasure Hunt: A Refresher On Legal Research"

Speaker:

  • Jennifer Taylor, Stewart McKelvey

http://www.cbapd.org/details_en.aspx?id=NS_YLS_0915

Event Date: Monday, September 28, 2015 - 14:00

Are you carrying a heavy case load, completing work at the last minute, plagued by constant interruptions, inundated with information, drowning in paper, overloaded by email, handling too much work yourself, or spending too much time at the office? In short, do you have too much to do and not enough time? This fast-paced and entertaining seminar provides practical and effective skills and techniques for better managing your time, projects, paper, email, information, staff, and ultimately, yourself. Learn how to take control of your workload, manage your busy schedule, focus on your priorities, meet your deadlines with less stress, make your workday more productive, and make more time for the things most important to you. Get started now.

Event Date: Thursday, October 1, 2015 - 09:00 to Friday, October 2, 2015 - 17:00

Conference on Innovation and Access to Justice

Thursday, October 1 & Friday, October 2, 2015
Centre St-Pierre, 1212 Panet Street, Montreal (Quebec)

ONLINE REGISTRATION NOW AVAILABLE! http://iaj2015.openum.ca/

The Public Legal Education Association of Canada, the CyberJustice Laboratory, the Winkler Institute for Dispute Resolution, the Canadian Forum on Civil Justice and the Canadian Institute for the Administration of Justice invite you to attend the Conference on Innovation and Access to Justice.

There is a critical stage in access to justice in Canada. Over any three-year period, nearly half of all Canadians will experience at least one legal problem. Yet, the justice system is increasingly inaccessible to the majority of Canadians. This inaccessibility has led to a national call for increased innovation in the civil and family justice system. Yet, we are only beginning to understand the opportunities and challenges that manifest when we begin to view the problem of access to justice through an innovation lens. In an effort to further explore these challenges and opportunities this conference will focus on questions and themes of related to innovation and access to justice.

Event Date: Thursday, October 1, 2015 - 17:30 to 19:00

"New Model CCAA and Receivership Orders, with a view from the Bench"

Speakers:

  • The Hon. Justice John D. Murphy, Supreme Court of Nova Scotia
  • D. Bruce Clarke, Q.C., Burchells LLP

http://www.cbapd.org/details_en.aspx?id=NS_BANK_1015

Event Date: Thursday, October 8, 2015 - 02:30 to 05:00

Ruth March (KPMG) and Sarah Dykema (McInnes Cooper) will review changes to the Income Tax Act coming into effect on Jan.1, 2016, including:

  • changes to the taxation of testamentary trusts,
  • Graduated Rate Estates, 
  • Qualified Disability Trusts,
  • the shifting tax burden in life interest trusts,
  • charitable giving on death, and
  • loss carryback planning.

www.step.ca

Event Date: Friday, October 30, 2015 - 19:00

On Friday, October 30, 2015, local amateur musicians will take up their instruments to battle for the title of "Halifax's Best" at Rock for Dimes Halifax, a battle of the bands fundraiser. This is the tenth year for the fundraiser. Close to $250,000 has been raised to date in Halifax at this annual event.

This year's costume-musical theme for the “two stages” event will be Country Rocks, where bands will pay tribute to their favourite country artists. Toy Shed (Marc Belliveau & Friends), The Showcase Showdowns (Cox & Palmer), Gene featuring Jean (Pressé Mason), The Goldilocks Effect (Burchells LLP), Terminal Road (N.S. Dept. of Justice), Red C (McInnes Cooper), and Project 501 (Stewart McKelvey) will be competing at the event, at the same time showcasing their talents to music industry professionals.

Rock for Dimes Halifax benefits March of Dimes Canada's Conductive Education® (CE) Nova Scotia Program, an innovative program that blends elements of education and rehabilitation to improve the independence, mobility and confidence of children with disabilities, and has proven especially beneficial to children with cerebral palsy, multiple sclerosis and developmental apraxia.

National sponsors include:

  • Airgo Medical,
  • Canadian Music Therapy Trust Fund,
  • SunMedia,
  • Vantage Mobility (VMI) and
  • Agency59.

Additional sponsors include:

  • Cunard Centre,
  • BIRD,
  • Long & McQuade,
  • Scotiabank and
  • media sponsors Q104 and The Coast. 

March of Dimes Canada is also seeking volunteers to sit on a local committee, helping to improve outreach and expand programming throughout Nova Scotia. Interested applicants can email mstewart@marchofdimes.ca for more information.

The event will be preceded by an Opening Doors for People with Disabilities conference, to help raise awareness of local support organizations and services in Atlantic Canada available to people living with disabilities and their caregivers.

Doors will open at 7p.m. on Friday, October 30, 2015, at the Cunard Centre, Halifax. The event is open to the public.

Tickets are $20 per person, $15 for students.

For more information or to order tickets please visit www.rockfordimes.ca/halifax or call 1-800-263-3463 ext. 7380. 

March of Dimes Canada is a nationally registered charitable organization providing support services to people with disabilities, their families and caregivers across Canada.

Event Date: Wednesday, November 25, 2015 (All day)

View brochure here: 7th Annual Aboriginal Law: Consultation and Other Emerging Issues

The landscape of aboriginal law has evolved at a considerable pace in the last twenty years in Canada. Understanding Aboriginal legal matters and interactions with Aboriginal groups for industry and project developments across Canada is critical for businesses and Government.

This course, led by Thomas Isaac, highlights various aspects of current Aboriginal legal matters including an update on Aboriginal and related Consultation Law, Anti-Corruption Issues when Dealing with Aboriginal Groups, Resource Revenue Sharing, Federal Legislation and Policy Overview, Government Consultation Policies, United Nations Declaration on the Rights of Indigenous Peoples an Tsilhqot’in Nation v. BC update.This course is aimed at Industry Leaders, Government Executives and Corporate Counsel whom wish to grasp the dynamics of the changing legal and policy concerns relating to Aboriginal law and interactions with Aboriginal groups.

COURSE HIGHLIGHTS

  • Aboriginal and Consultation Caselaw Update
  • Disclosure and Anti-Corruption Issues when Dealing with Aboriginal Groups
  • Resource Revenue Sharing and Aboriginal Groups
  • Consultation Best Practices for Proponents
  • Federal legislation and Policy Overview
  • Government Consultation Policies
  • United Nations Declaration on the Rights of Indigenous Peoples and “Free, Prior and Informed Consent”
  • Tsilhqot’in Nation v. BC – Update

SPEAKERS

COURSE LEADER

Thomas Isaac, Partner, Osler, Hoskin & Harcourt LLP

GUEST SPEAKERS

Jeremy Barretto, Osler, Hoskin & Harcourt LLP
Sandra Gogal, Miller Thomson LLP
Richard King, Osler, Hoskin & Harcourt LLP
Terri-Lee Oleniuk, Osler, Hoskin & Harcourt LLP
Patrick Welsh, Osler, Hoskin & Harcourt

Event Date: Saturday, November 28, 2015 - 18:30
You are cordially invited to the Cape Breton Barristers’ Society 2015 Bench & Bar Dinner honouring Justice Robin C. M. Gogan, Justice Robert M. Gregan, Justice Lee Anne MacLeod-Archer, and Judge Daniel A. MacRury.
 
WHEN: Saturday, November 28, 2015
TIME: Reception - 6:00 pm; Dinner - 7:00 pm
WHERE: Holiday Inn Harbourfront, 300 Esplanade, Sydney
 
Tickets: $60.00 per person
 
RSVP to Diane L. McGrath QC no later than November 15, 2015
 
P: (902) 563 3533 
F: (902) 563 0506
Event Date: Monday, November 30, 2015 (All day)

View brochure here: Internet Law & The Competitive Edge

Just as the internet has radically transformed business and social connections so has it presented new legal and compliance challenges for businesses. The convergence of e-commerce, IT security, privacy and other issues arising from our digital age continue to raise a host of business and legal concerns that are shaping the competitive landscape significantly. Understanding the material “must know” developments in the law due to the internet will go a long way to determine who is best positioned to safely exploit the opportunities. The topics are selected to focus both on external marketing and privacy developments as well as internal issues for a business such as the surveillance or discipline of employees using social media as well as the use of social media as a tool in recruiting. The course also includes a review of key remedies available to address domain name disputes as well as many kinds of website content conflict. Finally the course also reviews best practices for both the board of directors and the business as it prepares to address their cyber security obligations as well as developments in the rapidly expanding field of data breaches.

COURSE HIGHLIGHTS

  • Privacy and Social Media Marketing
  • Canadian Anti-Spam Update
  • Planning and Responding to the Online Dispute
  • Social Media in the Employment Context
  • Cyber Security and the Data Breach

BENNETT JONES LLP SPEAKERS

COURSE LEADER

Martin PJ Kratz, Partner, Trademark Agent,
Head of Intellectual Property

GUEST SPEAKERS

John Batzel, Partner
Stephen Burns, Partner, Trade-mark Agent
Carl Cunningham, Partner

Event Date: Wednesday, December 2, 2015 (All day)

View brochure here: Managing Regulatory Risks: Compliance, Inspections And Investigations

The impact of regulation in the ongoing business operations of companies increases daily in complexity and scope. There is heightened pressure for general counsel, compliance officers, risk managers and outside legal advisors to assess, monitor and mitigate regulatory risk within static or decreasing budgetary envelopes. Achieving these goals is a complicated endeavor involving ever changing laws and regulations, while maintaining a good working relationship with regulators. This course is designed to provide valuable strategies for ensuring appropriate risk management strategies, managing reputational risk and dealing with the media in crisis situations, developing early measures for defence of regulatory claims, and managing litigation risks including class actions. Our expert faculty will provide their “lessons learned” and best practices for general counsel, in-house lawyers, compliance and risk management professionals dealing with these everyday challenges.

COURSE HIGHLIGHTS

  • Fundamentals of Compliance
    • What makes a good compliance professional?
    • Top five risk avoidance measures
    • Essential components of a good compliance program
  • Managing a Regulatory Investigation
    • Dealing with regulators: best practices
    • Remedies for unlawful administrative action
  • Litigation
    • Regulatory negligence claims
    • Due Diligence defence     

SPEAKERS

COURSE LEADERS

Joan Young, Co-Chair, B.C., Administrative and Public Law, McMillan LLP

GUEST SPEAKERS

Dr. Neil Campbell, Co-Chair, Competition and Trade, McMillan LLP
Christine Duhaime, Lawyer, Duhaime Law
Robin Junger, Co-Chair, Aboriginal and Environmental, Co-Chair,
Oil and Gas (B.C.), McMillan LLP
Lisa Parliament, Partner, McMillan LLP
Mark Reder, General Manager, Fleishman Hillard

Event Date: Wednesday, December 2, 2015 (All day)

View brochure here: Internet Law & The Competitive Edge

Just as the internet has radically transformed business and social connections so has it presented new legal and compliance challenges for businesses. The convergence of e-commerce, IT security, privacy and other issues arising from our digital age continue to raise a host of business and legal concerns that are shaping the competitive landscape significantly. Understanding the material “must know” developments in the law due to the internet will go a long way to determine who is best positioned to safely exploit the opportunities. The topics are selected to focus both on external marketing and privacy developments as well as internal issues for a business such as the surveillance or discipline of employees using social media as well as the use of social media as a tool in recruiting. The course also includes a review of key remedies available to address domain name disputes as well as many kinds of website content conflict. Finally the course also reviews best practices for both the board of directors and the business as it prepares to address their cyber security obligations as well as developments in the rapidly expanding field of data breaches.

COURSE HIGHLIGHTS

  • Privacy and Social Media Marketing
  • Canadian Anti-Spam Update
  • Planning and Responding to the Online Dispute
  • Social Media in the Employment Context
  • Cyber Security and the Data Breach

BENNETT JONES LLP SPEAKERS

COURSE LEADER

Martin PJ Kratz, Partner, Trademark Agent,
Head of Intellectual Property

GUEST SPEAKERS

John Batzel, Partner
Stephen Burns, Partner, Trade-mark Agent
Carl Cunningham, Partner

Event Date: Thursday, December 3, 2015 (All day)

View brochure here: Dangers for Directors - Infinite Risks: How to be an Effective Director in Today's World

The expectations of directors are higher than ever before, as are the risks associated with that role. At the same time, directors must be able to make decisions that involve risk-taking when it is in the best interests of the company.

COURSE HIGHLIGHTS

  • Director Duties, Liabilities and Recent Developments
  • Risk Oversight
  • Managing Risks when Seizing Opportunities Abroad
  • Cyber Risk
  • Being an Effective Director
  • The role of D&O Insurance

SPEAKERS

COURSE LEADERS

Aaron Emes, Partner, Torys LLP
Stephanie Stimpson, Partner, Torys LLP

GUEST SPEAKERS

Adam Armstrong, Partner, Torys LLP
Alexandra Kinbom, Senior Vice President, Marsh Co-Chair FINPRO
Claims Advocacy Practice
Tim Leech, Managing Director Global Services, Risk Oversight Solutions
Maryse St. Laurent, Vice-President, Legal and Corporate Secretary, TransAlta

Event Date: Thursday, December 3, 2015 (All day)

View brochure here: 8th Annual Corporate Governance: Taking Stock of a Changing Landscape

There have been a number of legislative and regulatory developments over the past year which have a direct impact on issuers but which have not been fully explored or analyzed. In this seminar, we will bring in members of the Ontario Securities Commission and stress test these latest corporate governance initiatives, asking them the hard questions as well as explore the latest cutting-edge developments in corporate governance.

COURSE HIGHLIGHTS

  • Legislative and Regulatory Developments: Overview
  • Legislative and Regulatory Developments: Take Over Bid Amendments
  • Legislative and Regulatory Developments: Proxy Plumbing and Proxy Access
  • Legislative and Regulatory Developments: Universal Proxies
  • Corporate Governance Developments: Dual-Class Share Structures
  • 2015 Corporate Governance Development: Forum Selection Bylaw
  • Rethinking “Good” Corporate Governance – Is a “B” Grade Good Enough?
  • Shareholder Activism In Canada: Recent Developments 

SPEAKERS

CO-CHAIR

Walied Soliman, Partner and Co-Chair, Special Situations Team,
Norton Rose Fulbright Canada LLP&
Orestes Pasparakis, Partner and Co-Chair, Special Situations Team,
Norton Rose Fulbright Canada LLP

GUEST SPEAKERS

Naizam Kanji, Deputy Director, Corporate Finance, Mergers & Acquisitions
Ontario Securities Commission
Phil Evershed, Principal, Oxford Park Group
Vinay Shandal, Principal, Boston Consulting Group
Winnie Sanjoto, Senior Legal Counsel, Corporate Finance, Ontario
Securities Commission
Marcus Campbell, Vice President, Operations, D.F. King Canada
Ian Robertson, Vice President, Communications, Kingsdale Shareholder Services
Emmanuel Pressman, Partner, Osler, Hoskin & Harcourt LLP
Jason Koskela, Senior Legal Counsel, Mergers and Acquisitions, Corporate
Finance, Ontario Securities Commission
Cathy Singer, Partner, Norton Rose Fulbright Canada LLP
Ruth Wahl, Partner, Norton Rose Fulbright Canada LLP
Paul Fitzgerald, Partner, Norton Rose Fulbright Canada LLP
Evelyn Li, Partner, Norton Rose Fulbright Canada LLP
Heidi Reinhart, Partner, Norton Rose Fulbright Canada LLP
Andrea Brewer, Associate, Norton Rose Fulbright Canada LLP

Event Date: Thursday, December 10, 2015 (All day)

View brochure here:4th Annual Anti-Bribery and Corruption Compliance: Coping With the Onslaught  

Recent developments under the Corruption of Foreign Public Officials Act (CFPOA) have caught the attention of management and boards of directors across Canada that are now moving quickly to address their growing exposure under the anti-corruption regimes of Canada and other countries. Despite the initial lull in enforcement, Canadian authorities are beginning to establish a track record of corporate convictions and multi-million dollar penalties.

The recent conviction and three-year sentence handed down to Canadian businessman Nazir Karigar and current pursuit of criminal charges against other individuals have also put executives on notice that they too will face the harsh consequences of violating the CFPOA. Under Canada’s new Integrity Regime, companies that do business with government also face suspension or debarment when charged or convicted under the CFPOA or similar foreign anti-corruption laws. Further, recent amendments to the CFPOA and new reporting requirements under the Extractive Sector Measures Transparency Act are providing expanded enforcement opportunities for the RCMP who are already investigating dozens of targets for anti-bribery offences.On top of all this, many Canadian companies have to contend with anti-corruption measures under the US Foreign Corrupt Practices Act, the UK Bribery Act, and foreign host country regimes. What’s clear at this point is that compliance is no longer an option but rather a necessity to protect the core value of your company.

To help make sense of an increasingly complex enforcement and compliance environment, this course will provide an overview of the latest developments in Canada, the United States and other jurisdictions, deliver practical and effective solutions for the challenges facing Canadian companies in this area, and include insightful perspectives from the RCMP, in-house counsel, and a Canadian company that has been in the spotlight as a target of CFPOA enforcement.

COURSE HIGHLIGHTS

  • Introduction and Overview of the Anti-Corruption Landscape for Canadian Companies
  • Anti-Corruption Enforcement: The View from the Crown and RCMP
  • The US Foreign Corrupt Practices Act: What Canadian Companies Need to Know
  • An Industry Perspective on Anti-Corruption Enforcement and Compliance: The View from SNC-Lavalin
  • Importance of AML in your Anti-Corruption Compliance
  • The Perspective from In-House Counsel: Compliance Challenges and Solutions
  • Investigating Potential Breaches Within the Company and Dealing With Enforcement

SPEAKERS

CHAIR AND COURSE LEADER

John Boscariol, Partner, McCarthy Tétrault LLP

GUEST SPEAKERS

Ana Badour, McCarthy Tétrault LLP
Peter Brady, McCarthy Tétrault LLP (formerly GC of Vale)
Kari Chandler, Latham & Watkins LLP
Jonathan Drimmer, Barrick Gold Corp.
Les Dolhun, Royal Canadian Mounted Police
Steven Johnston, Alberta Justice, Specialized Prosecutions
Economic Crime Branch (Calgary)
Claire Lewis, Groupe SNC-Lavalin, inc.
Frederic R. Miller, PricewaterhouseCoopers LLP
Patrice Poitevin, Royal Canadian Mounted Police
David Porter, McCarthy Tétrault LLP

Event Date: Tuesday, December 8, 2015 (All day)

View brochure here: Dangers for Directors - Infinite Risks: How to be an Effective Director in Today's World

The expectations of directors are higher than ever before, as are the risks associated with that role. At the same time, directors must be able to make decisions that involve risk-taking when it is in the best interests of the company.

COURSE HIGHLIGHTS

  • Director Duties, Liabilities and Recent Developments
  • Risk Oversight
  • Managing Risks when Seizing Opportunities Abroad
  • Cyber Risk
  • Being an Effective Director
  • The role of D&O Insurance

SPEAKERS

COURSE LEADERS

Aaron Emes, Partner, Torys LLP
Stephanie Stimpson, Partner, Torys LLP

GUEST SPEAKERS

Adam Armstrong, Partner, Torys LLP
Alexandra Kinbom, Senior Vice President, Marsh Co-Chair FINPRO
Claims Advocacy Practice
Tim Leech, Managing Director Global Services, Risk Oversight Solutions
Maryse St. Laurent, Vice-President, Legal and Corporate Secretary, TransAlta

Event Date: Thursday, December 10, 2015 (All day)

View brochure here: Managing Regulatory Risks: Compliance, Inspections And Investigations

The impact of regulation in the ongoing business operations of companies increases daily in complexity and scope. There is heightened pressure for general counsel, compliance officers, risk managers and outside legal advisors to assess, monitor and mitigate regulatory risk within static or decreasing budgetary envelopes. Achieving these goals is a complicated endeavor involving ever changing laws and regulations, while maintaining a good working relationship with regulators. This course is designed to provide valuable strategies for ensuring appropriate risk management strategies, managing reputational risk and dealing with the media in crisis situations, developing early measures for defence of regulatory claims, and managing litigation risks including class actions. Our expert faculty will provide their “lessons learned” and best practices for general counsel, in-house lawyers, compliance and risk management professionals dealing with these everyday challenges.

COURSE HIGHLIGHTS

  • Fundamentals of Compliance
    • What makes a good compliance professional?
    • Top five risk avoidance measures
    • Essential components of a good compliance program
  • Managing a Regulatory Investigation
    • Dealing with regulators: best practices
    • Remedies for unlawful administrative action
  • Litigation
    • Regulatory negligence claims
    • Due Diligence defence     

SPEAKERS

COURSE LEADERS

Joan Young, Co-Chair, B.C., Administrative and Public Law, McMillan LLP

GUEST SPEAKERS

Dr. Neil Campbell, Co-Chair, Competition and Trade, McMillan LLP
Christine Duhaime, Lawyer, Duhaime Law
Robin Junger, Co-Chair, Aboriginal and Environmental, Co-Chair,
Oil and Gas (B.C.), McMillan LLP
Lisa Parliament, Partner, McMillan LLP
Mark Reder, General Manager, Fleishman Hillard

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