clebc spotlight - november / december 2014
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November | December
Your guide to the essential resources for your practice!
Prin
ted
on 10
0% post-consumer recycled paper
INSIDE
Upcoming Courses —Register Early and SAVE!
Recently Updated Publications
Volunteer Spotlight—Mark Davies
AND MORE!
500 – 1155 West Pender Street
Vancouver, BC V6E 2P4
TELEPHONE 604.669.3544 TOLL FREE 1.800.663.0437 (in Canada) FAX 604.669.9260
Customer Service
EMAIL custserv@cle.bc.ca TELEPHONE 604.893.2121 TOLL FREE 1.800.663.0437 (in Canada)
CLEBC delivers the most
reliable and practical BC-
specific legal education
and information direct
from the leading members
of the legal community—
more topics, more depth,
more ways to learn.
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Contents
This Month’s Features
CLEBC Wins International ACLEA Awards for Programs and Technology . . . . . . . . . . . . . . . . . . . . . . . . . 3
Aboriginal Rights and Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
In the Spotlight... Mark Davies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Case Digest Connection: Haghdust v. British Columbia Lottery Corp., 2014 BCSC 1327 [CLE # 56422] . . . . . . 18
Self-Paced eLearning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
November | December COURSES
Aboriginal Law
Aboriginal Law Conference 2014 . . . . . . . . . . . . . . 5
Administrative Law
Administrative Law Conference 2014 . . . . . . . . . . . . 6
Business Law
Charities and Not-for-Profit Law Conference 2014 . . . 7
The Strategic Business Lawyer Series III: Solicitor’s Guide to Commercial Arbitration . . . . 7 IV: Preventing & Managing Corporate Governance Problems . . . . . . . . . . . . . . . . . . . . 7
Dispute Resolution
Advanced Mediator Clinic . . . . . . . . . . . . . . . . . . 8
Advanced Negotiation . . . . . . . . . . . . . . . . . . . . . 8
Family Law Mediation Level II . . . . . . . . . . . . . . . . 8
Fundamentals of Mediation . . . . . . . . . . . . . . . . . 9
Human Rights
Human Rights Conference 2014 . . . . . . . . . . . . . . . 9
Immigration Law
Immigration Issues in Depth 2014 . . . . . . . . . . . . . . 9
Law Office/Practice Management
Legal Practice Essentials . . . . . . . . . . . . . . . . . . . 10
Overcoming the Delegation Dilemma . . . . . . . . . . 10
Litigation
Attacking the Expert’s Opinion at Trial . . . . . . . . . 10
The Great Examination for Discovery: Principles and Principal Techniques . . . . . . . . . . . . . . . . . 10
Civil Litigation in BC Symposium . . . . . . . . . . . . . 11
Defamation and Media Law . . . . . . . . . . . . . . . . 12
Social Media as Evidence . . . . . . . . . . . . . . . . . . 12
Natural Resources
Mining Law 2014 . . . . . . . . . . . . . . . . . . . . . . . 12
Personal Injury
Mild Traumatic Brain Injury 2014 . . . . . . . . . . . . . 12
Real Estate
Residential Real Estate Conference 2014 . . . . . . . . . 13
Securities Law
Securities Fundamentals: Private Placements . . . . . . 14
Skills
The Powerful Performance: Effective Advocacy Skills for Lawyers . . . . . . . . . . . . . . . . . . . . . . 14
Last Kick at the Can Series . . . . . . . . . 15
Recently Updated PUBLICATIONSAnnotated Estates Practice 2014 Edition . . . . . . . . 17
Annotated Family Practice 2014 – 2015 . . . . . . . . . 22
Due Diligence Deskbook . . . . . . . . . . . . . . . . . . . 20
Employment Standards in British Columbia—Annotated Legislation and Commentary . . . . . . . 21
Family Law Act Transition Guide . . . . . . . . . . . . . 21
Bursary Program & Easy Pay Plan . . . . . . . . . 23
Courses Under Development 2015 . . . . . . . . 24
CLEBC Wins International
ACLEA Awards for Programs
and Technology
CLEBC is honoured once
again to receive awards of
outstanding achievement from
the Association for Continuing
Legal Education (ACLEA). Nadia
Myerthall, Program Lawyer, and
Meredith Woods, Manager
Online Education and Resources,
travelled to Boston, MA in
August to accept the Awards
of Outstanding Achievement in
both Programs and Technology.
The Programs award is for our
work in educating the profession
on the new Family Law Act,
while the Technology award is in
recognition of a new, innovative
product: Self-Paced eLearning.
PROGRAMS AWARD
The New Family Law Act— Educating And Training The Legal Profession
On March 31, 2013 the Family Law Act (“FLA”) came into force and the landscape of divorce and separation in British Columbia changed dramatically. The legislation impacted all family law practitioners and their staff, as well as other groups such as estate planning and corporate lawyers. Faced with the challenge of developing programs to meet the needs of various groups of learners, we developed a series of programs which totaled over 510 hours of training on the Family Law Act.
These programs were an organization-wide effort, with staff and volunteers teaming up to produce a variety of learning options, including:
• full-day in-person courses and webinars• short online courses• skills-based training in screening for family violence, arbitration, mediation, and
parenting coordination• Family Law Act Transition Guide (publication)
We used a variety of learning methods including PowerPoint lectures, panel discussions, demonstrations, and role-playing exercises.
This series of programs allowed us to deliver cutting edge substantive, practical, and academic content which provided legal professionals with an advanced look at the future of family law in our province.
TECHNOLOGY AWARD
Self-Paced eLearningSelf-Paced eLearning courses offer a way for members of the legal community to learn and earn CPD credit by watching an online course on demand and at your own pace.
Self-Paced eLearning brings a new level of flexibility to the continuing legal education landscape. We created this format to appeal to a variety of learners, including those who do not have access to our usual course locations, or the time to devote to a full-day course.
You can complete a Self-Paced eLearning course by watching a short, previously-recorded webinar which is divided into segments of two to eleven minutes. Each segment has a title and a clickable thumbnail image, making it easy to move around the course content and review and concentrate on the parts that are of interest to you. There are opportunities to test your knowledge and reflect on the content by answering questions between segments. Your answers are saved when you exit the program, allowing you to return and complete the course later.
These dynamic and interactive courses give you full control of the order in which you view the content, when and how often you view the content and reference materials, and when you answer or re-answer the questions.
We select our Self-Paced eLearning courses based on their broad applicability and long-term relevance. Most offer credit for professional responsibility and ethics, client care and relations, and/or practice management.
Check out our complete list of award-winning Self-Paced eLearning options at www.cle.bc.ca and take advantage of the opportunity to learn on your own and at your own pace (see page 19).
T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R 3
Aboriginal Law Conference 2014 Going forward: First Nations, government, and industry in BC
Thursday, November 13, 2014; 9:00 am – 5:00 pm NOTE LATE END TIME!
Pan Pacific Hotel, 999 Canada Place, VancouverREBROADCAST: “Jump Start on CPD”: Wednesday, April 1, 2015; 9:00 am – 5:00 pm
WHO SHOULD ATTEND: All commercial and Aboriginal law lawyers in private practice, industry, and govern-ment; others who focus on Aboriginal law issues will also benefit, including First Nations and industry leaders, and employees of First Nations or First Nations organizations.
LEARNING LEVEL: All levels
Your annual Aboriginal Law Conference will focus on the legal and pragmatic implications of current develop-ments affecting First Nations, provincial and federal governments, and industry. Topics will include the very latest court pronouncements on Aboriginal title, related jurisdictional issues and their application, updates on LNG developments, the Enbridge proceedings, and Site C, including related regulatory and environmental assessment issues. Join us for your annual update.
AFTER TAKING THIS COURSE YOU WILL . . .
• understand the significance of the Tsilhqot’in SCC decision
• be up to date with case law: application and implications of the latest important cases
• be up to speed on new legislative amendments
• know how to navigate Aboriginal and environmental law issues in resource development projects
LSBC CPD HOURS: 8 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management).
CHAIRS
Maria Morellato, QC — Mandell Pinder LLP, VancouverPierre Lebel — Chairman, Imperial Metals Corporation, Vancouver
FEATURED LUNCHEON SPEAKER: Bill Gallagher — Lawyer/Strategist/Author, Waterloo
FACULTY TO DATE
Karina Briño — President & CEO, Mining Association of British Columbia, Vancouver
Angela K. Cousins — Ministry of Justice, VictoriaPatrick G. Foy, QC — Borden Ladner Gervais LLP,
VancouverBrenda Gaertner — Mandell Pinder LLP, VancouverJennifer Griffith — Donovan & Company, VancouverJames Hickling — Donovan & Company, VancouverIsabel Jackson — Department of Justice, VancouverBrian A. McLaughlin — Department of Justice,
Vancouver Richard A. Neufeld, QC — Dentons Canada LLP,
Calgary
Clarine (Clo) Ostrove — Mandell Pinder LLP, Vancouver
David M. Robbins — Woodward & Co. Lawyers LLP, Victoria
David M. Rosenberg, QC — Rosenberg Law, Vancouver
Brian J. Wallace, QC — Lovett Westmacott, VictoriaCharles F. Willms — Fasken Martineau DuMoulin LLP,
VancouverSusan Yurkovich — Executive Vice-President, Site C
Clean Energy Project, BC Hydro, Vancouver
EARLY BIRD Register by OCT. 16
LIVE COURSE: Regular $555 | Student $310; LIVE WEBINAR: $535
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by MAR. 4 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials and lunch.
AGENDA
• Implementing the SCC Decision in Tsilhqot’in: What’s Next?
• Case Law Update: Application and Implication of Latest Cases
• LUNCH WITH FEATURED SPEAKER: “Resource Rulers” Bill Gallagher — Lawyer/Strategist/Author, Waterloo
• Legislative Amendments Update
•Navigating Aboriginal and Environ-mental Issues in Large Resource Development Projects
•When to Litigate, When to Negotiate: Roundtable
ABORIGINAL LAW
For complete course information, including a detailed course agenda and faculty list, please visit us online: www.cle.bc.ca/courses
A B O R I G I N A L R I G H T S A N D T I T L E
Aboriginal rights and title has been one of the major newsmakers
of 2014 and you’ll get the stories behind the headlines at this
year’s Aboriginal Law Conference on November 13, 2014.
The conference begins with an in-depth examination of the implications of the Tsilhqot’in decision. You’ll hear from counsel for the parties as they decipher the new vocabulary of a post-Tsilhqot’in world: what do “consent”, “proportionality”, and “minimal impairment” mean now? This topic is followed by two wide-ranging sessions that will cover the major case law over the past year along with a summary of legislative amendments. The annual update includes the latest cases on consultation and accommodation along with jurisdictional issues related to Aboriginal title and treaty rights. A panel of representatives from private practice, industry, and government will discuss federal and provincial regulatory changes affecting interests in multiple areas of natural resources.
The afternoon will focus on navigating Aboriginal and environmental issues in large resource development projects. With British Columbia poised to undertake various major natural resource projects in the near future, you’ll want to find out how best to build a legacy of negotiation and shared success for all concerned.
Featured speaker Bill Gallagher, author of Resource Rulers: Fortune and Folly on Canada’s Road to Resources, will discuss the rise of First Nations empowerment in Canada’s resources sector. His presentation will unearth insights behind the remarkable legal winning streak in court cases brought by First Nations in the Canadian resource sector.
The conference brings together faculty members who have been carefully selected to represent diverse practices and points of view. From Aboriginal law practitioners to representatives from government organizations and natural resources companies, each presenter brings a unique background to the day’s discussions.
Stay current with the changes in Aboriginal law.
Register at www.cle.bc.ca or contact our Customer Service department at 604-893-2121 for more information. Take advantage of EARLY BIRD pricing for this conference until October 16.
4 5T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R
DO YOU HAVE THIS ADMINISTRATIVE LAW RESOURCE?
British Columbia Administrative Law Practice ManualCreative problem-solving and effective advocacy
CURRENT TO: June 1, 2013 | 1,072 pp.
THIS BOOK IS ESSENTIAL FOR: counsel at all levels of administrative law practice, administrative law decision-makers, and judges in superior and federal courts.
This manual provides a framework for lawyers who practice before and represent administrative law decision-makers in BC, as well as decision-makers themselves and judges. This framework, along with helpful hyperlinks to legislation, case law, and other decisions, creates a unified resource for counsel in administrative law proceedings, judicial review, statutory appeals, and stated cases. The manual covers both federal and provincial decision-makers and proceedings in both federal and British Columbia superior courts.
Lawyers will find practical advice on how to conduct themselves at all levels of representation, the roles of various parties, how to avoid common pitfalls, practice tips on effective advocacy and drafting, and dealing with unrepresented parties.
The book is updated regularly. Subscriptions include online access with search capability and links to the full text of case law and legislation, and annotated precedents on CD-ROM.
PRICE: $350; Online Only: $225
BUSINESS LAW
Charities and Not-for-Profit Law Conference 2014
Learn how to protect, strengthen, and guide your organization!
Thursday, November 27, 2014; 9:00 am – 4:00 pmPan Pacific Hotel, 999 Canada Place, Vancouver
REBROADCAST: “Jump Start on CPD”: Tuesday, March 31, 2015; 9:00 am – 4:00 pm
WHO SHOULD ATTEND: All those who advise, volunteer for, or work with charities or not-for-profits: specifically lawyers, directors and officers, executive directors, accountants, trustees, fundraisers, and gift planners.
LEARNING LEVEL: All levels
The area of charity and not-for-profit law is evolving and becoming increasingly complex. It is critical for those leading and advising these types of organizations, or acting as a volunteer or board member, to understand their roles and responsibilities. This conference will update and improve your knowledge in this area, and will provide comprehensive coverage of current issues affecting charities and not-for-profit organizations.
AT THIS COURSE YOU WILL LEARN ABOUT. . .
• what The Land Conservancy and Binning House decision means for charitable properties
• how to ensure compliance with the new anti-spam laws
• the regulation of charities engaged in political activities
• reforms to the Society Act
• best practices for key areas, such as governance, taxation, and employment issues
LSBC CPD HOURS: 6.5 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)CHAIRS
Michael P. Blatchford — Bull, Housser & Tupper LLP, VancouverMartha Rans — Barrister & Solicitor, VancouverPLANNING COMMITTEE
Kevin L. Boonstra — Kuhn LLP, Vancouver and AbbotsfordKevin G. Sawatsky — University Legal Counsel and Professor of Law, Trinity Western
University, Langley
EARLY BIRD Register by OCT. 30LIVE COURSE: Regular $555 | Student $310; LIVE WEBINAR: Regular $535
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by MAR . 3 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials and lunch.
THE STRATEGIC BUSINESS LAWYER SERIESWHO SHOULD ATTEND: Solicitors and in-house counsel.
LEARNING LEVEL: All levels
These are the third and fourth parts in the CLE-TV series for solicitors on how to help clients manage the risk of disputes in their business relationships and ensure business continuity when disputes do arise. In the series you will benefit from both a litigator’s and a solicitor’s perspectives, as Stephen Antle and Jennifer Archer of Borden Ladner Gervais LLP team up to give insights on drafting contracts to avoid disputes, preventing and managing disputes in international business transactions, making commercial arbitration really work, and preventing and managing all kinds of corporate governance disputes.
LSBC CPD HOURS: 1 hour per course. These courses will NOT involve aspects of professional responsibility and ethics, client care and relations, and/or practice management. NOTE: If you attend both the original live series of courses AND the rebroadcasts, you may claim credit for ONLY ONE of them.PRESENTERS FOR EACH COURSE IN THE SERIES
Stephen Antle — Borden Ladner Gervais LLP, VancouverJennifer A. Archer — Borden Ladner Gervais LLP, VancouverWEBINAR ARCHIVE: The series will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the reference materials.
III: Solicitor’s Guide to Commercial Arbitration
Tuesday, November 4, 2014 ; 12:00 pm – 1:00 pmREBROADCAST: Monday, December 8, 2014; 11:30 am – 12:30 pm
At this course you will learn how to help clients manage disputes by...
• drafting an effective arbitration agreement
• understanding the potential benefits of commercial arbitration compared to litigation
• thinking outside the litigation box to realize those benefits
• using arbitration’s flexibility to design an efficient process to resolve a particular dispute
• recognizing arbitration counsel and arbitrators who are capable of taking advantage of arbitration’s differences from litigation
EARLY BIRD Register by OCT. 28: $90
IV: Preventing & Managing Corporate Governance Problems Tuesday, December 2, 2014 ; 12:00 pm – 1:00 pmREBROADCAST: Monday, December 8, 2014; 12:45 pm – 1:45 pm
In this course you will learn to help clients prevent disputes by designing strong corporate governance structures, including strategies for...
• incorporation
• directors’ and officers’ functions and duties
• shareholders’ agreement, with exit mechanism
• business operations
• managing stakeholder expectations
You will learn to help clients ensure business continuity when disputes arise by...
• exploring the real basis for the dispute and the possibility of reconciliation
• using negotiation/mediation—never close the door
• using arbitration—“thinking outside the litigation box”
EARLY BIRD Register by NOV. 25: $90
Administrative Law Conference 2014 Our 15th annual must-attend conference!
Thursday, October 30, 2014; 9:00 am – 4:00 pmPan Pacific Hotel, 999 Canada Place, VancouverREBROADCAST: “Jump Start on CPD 2015”: Tuesday, March 24, 2015; 9:00 am – 4:00 pm
WHO SHOULD ATTEND: Those who appear before, advise, or sit as a member of an administrative tribunal and/or those who appear as counsel in court in applications for judicial review and appeals from administrative tribunals.
LEARNING LEVEL: Intermediate/Advanced
Administrative law continues to evolve—and it is difficult to stay on top of the changes. Find out about the latest court decisions, legislative updates, and current trends. Hear from a distinguished faculty of judges, academics, and leading lawyers who will arm you with the most up-to-date information, along with practice tips, strategies, and advice that will enable you to practice effectively.
This year, we are very proud to feature The Honourable Madam Justice Rosalie Silberman Abella of the Supreme Court of Canada, and well known author, lecturer, and practitioner David Phillip Jones, QC, Edmonton.
AFTER ATTENDING THIS COURSE YOU WILL BE ABLE TO.. .
• understand and apply the latest court decisions to your practice
• understand tribunal standing on judicial review
• be up to date on BC’s new Civil Resolution Tribunal
A PAST ATTENDEE SAYS IT BEST: “This course always provides immeasurable knowledge for the practitioners.”
LSBC CPD HOURS: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management).
CHAIRS
Frank A.V. Falzon, QC — Frank A.V. Falzon Law Corporation, VictoriaAngus M. Gunn, QC — Borden Ladner Gervais LLP, Vancouver
FEATURED SPEAKERS
The Honourable Madam Justice Rosalie Silberman Abella — Supreme Court of Canada, Ottawa
The Honourable John M. Evans — Toronto David Phillip Jones, QC — de Villars Jones, Edmonton
PRICING
LIVE COURSE: Regular $710 | Student $385; LIVE WEBINAR: $685
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by FEB. 24 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials and lunch.
For complete course information, including a detailed course agenda and faculty list, please visit us online: www.cle.bc.ca/courses
AGENDA
•Opening Address
• Year in Review: Recent Developments in Administrative Law
• Year in Review: British Columbia Case Law
• Tribunal Standing on Judicial Review
• BC’s Civil Resolution Tribunal
• View From the Bench
ADMINISTRATIVE LAW
annual subscriptions are available!
ONLINE ONLY
Last Kick at the Can
Series
No worries… kick back with “Last Kick”
and obtain CPD credits from your home or office!
See page 15 for course listings.
HAVEN’T EARNED YOUR CPD CREDITS YET?
Each year, CLEBC depends on over a thousand
volunteers who teach, write, and serve as board
members.
Did you know...
T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R 76 LIVE COURSE LIVE WEBINAR WEBINAR ARCHIVE CLE-TV
Advanced Negotiation Common mistakes, hurdles, strategies, and responses
Friday, November 14, 2014; 9:00 am – 4:00 pmPan Pacific Hotel, 999 Canada Place, Vancouver
WHO SHOULD ATTEND: Negotiators and mediators of all levels of experience; lawyers who attend mediations; busi-ness and government officials; and anyone else who has attended John Wade’s Foundations of Negotiation course or who has significant negotiation experience and is wishing to refine his/her negotiation skills and processes.
LEARNING LEVEL: Advanced
Most of the time, we learn how to negotiate by doing so—using the same tactics throughout our career, repeating the same mistakes and ineffective strategies. Break your bad habits! Take your negotiation skills to the next level! Learn how to recognize and respond to the hurdles such as duelling experts, psychological traps, and stonewalling. Improve your existing skills of summarizing, reframing, defining common goals, and creating a negotiation/mediation agenda. Led by internationally renowned lawyer, speaker, and author Professor John Wade, this course will provide you with the tools you need to navigate through a multi-step negotiation with increased effectiveness and confidence utilizing case studies, mini lectures, video demonstrations, and role plays.
AFTER TAKING THIS COURSE YOU WILL BE ABLE TO. . .
• prepare a one-page risk analysis for a client and yourself in any negotiation
• identify, in any negotiation, the common and expected hurdles, and know several preventive actions and responses to each
• perform each of the classic steps in a negotiation while under pressure
• prepare a “5 humble hypotheses” document
• describe to client and self the advantages and disadvantages of place and method of negotiation
LSBC CPD HOURS: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)INSTRUCTOR: Professor John Wade — Professor Emeritus, Bond University, Queensland, Australia; Visiting Law
Foundation Professor, College of Law, Saskatoon
EARLY BIRD Register by OCT. 17LIVE COURSE: Regular $675 | Student $340Registration includes a print copy of the workshop materials, as well as an electronic copy.
Family Law Mediation Level II Gain intensive practice to assist you in working with families in transition
Monday – Wednesday, December 8 – 10, 2014; 9:00 am – 5:00 pm ALL 3 DAYS
Vancouver location to be announced
LIMITED ENROLMENT. REGISTER EARLY TO AVOID DISAPPOINTMENT!
WHO SHOULD ATTEND: Lawyers, collaborative law professionals, child protection mediators, MCFD employees, accountants, and others wishing to continue advancing their family mediation skills.
LEARNING LEVEL: Fundamental/Intermediate
This course, which follows Family Law Mediation Level I, is the next step in obtaining the 80 hours required by the Law Society of BC to become a Family Law Mediator. It will also be valuable for civil mediators or people with introductory level family mediation training who wish to work with families in legal contexts such as separation and divorce, maintenance enforcement, or child protection.
Level II continues the work of Family Law Mediation Level I. This interactive course consists of lecture, facilitated discussion, small group work, and roleplay practice coached by working mediators.
PREREQUISITE: Family Law Mediation Level I or equivalent training in family mediation.
LSBC CPD HOURS: 24 hours (a minimum of 2 hours will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)INSTRUCTOR: Lisa C. Alexander — Vancouver
EARLY BIRD Register by NOV. 10LIVE COURSE: Regular $1,485Registration includes a print (+ electronic) copy of the workshop materials.
Fundamentals of Mediation Add to your lawyer skills
Monday & Tuesday, November 24 & 25, 2014; 9:00 am – 5:00 pm BOTH DAYS NOTE LATE END TIME!
UBC Robson Square, 800 Robson Street, Vancouver
LIMITED ENROLMENT. REGISTER EARLY TO AVOID DISAPPOINTMENT!
WHO SHOULD ATTEND: Anyone wishing to extend their practice to include alternative dispute resolution.
LEARNING LEVEL: Fundamental
Are you planning to become a mediator, or to add valuable skills to your existing litigation tool kit? Dispute resolution skills will enhance your value to your clients. This two-day course provides you with the entry level training for general civil mediation. You will become familiar with the basics of mediation in a coached, practical setting. The course is a permitted prerequisite for the CLEBC course Advanced Civil Mediation, and has been approved as mediation training requirements of Mediate BC.
AFTER TAKING THIS COURSE YOU WILL . . .
• have a negotiation model to apply to your mediation work as either counsel or as a mediator
• be able to use a step by step process framework for proceeding through the stages of mediation
• feel confident using macro and micro skills to act as effective counsel/mediator
• have the tools to manage the mediation process, including how and when to caucus, working through impasse, and helping the parties to reach resolution
LSBC CPD HOURS: 16 hours (a minimum of 2 hours will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management).
This course also counts towards the Family Law ADR Qualification Hours.INSTRUCTORS
Colleen J. Cattell, QC, CMed — Fitzpatrick & Company, West VancouverLori Williams — Harper Grey LLP, Vancouver
EARLY BIRD Register by OCT.27LIVE COURSE: Regular $1,100Registration includes a hard copy of the workshop materials. These materials will NOT be distributed electronically
HUMAN RIGHTS
Human Rights Conference 2014 Thursday & Friday, November 20 & 21, 2014; 9:00 am – 4:00 pm BOTH DAYS
Pan Pacific Hotel, 999 Canada Place, VancouverREBROADCAST: “Jump Start on CPD”: Wed. & Thurs, Mar. 25 & 26, 2015; 9:00 am – 4:00 pm
WHO SHOULD ATTEND: All those who have an interest in human rights issues, including human resource professionals and employment, labour, and human rights lawyers.
LEARNING LEVEL: Intermediate/Advanced
CLEBC is proud to be offering our annual two-day conference. With a program of wide variety of different topics over two days, this conference will provide you with a truly comprehensive human rights update! By taking this course, you will complete all of your continuing professional development requirements for the year.
LSBC CPD HOURS: 13 hours (a minimum of 2 hours will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)CHAIRS
Sandra F. Guarascio — Roper Greyell LLP, VancouverLyndsay M. Lyster — Moore Edgar Lyster, Vancouver
EARLY BIRD Register by OCT. 23LIVE COURSE: Regular $1,005 | Student $535; LIVE WEBINAR: Regular $895
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by FEB. 25 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials and lunch on BOTH days.
IMMIGRATION LAW
Immigration Issues in Depth 2014 Current issues that are key to your practice!
Friday, December 5, 2014; 9:00 am – 4:00 pmPan Pacific Hotel, 999 Canada Place, VancouverREBROADCAST: “Jump Start on CPD”: Friday, March 27, 2015; 9:00 am – 4:00 pm
WHO SHOULD ATTEND: Immediate and advanced lawyers practicing in the area of immigration law; the course may also be of interest to criminal lawyers and lawyers practicing in the area of administrative law.
LEARNING LEVEL: Intermediate/Advanced
Join us for in-depth discussions of the most significant developments in the area of immigration law over the past year, and look ahead to some of the critical issues that are emerging. Practical and relevant—you will gain new ideas and strategies so that you can represent your clients more effectively!
LSBC CPD HOURS: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)CHAIRS
Darryl W. Larson — Embarkation Law Group, VancouverSandra E. Weafer — Department of Justice Canada, Vancouver
EARLY BIRD Register by NOV. 7LIVE COURSE: Regular $555 | Student $310; LIVE WEBINAR: Regular $535
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by FEB. 27 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit .Registration includes an electronic copy of the course materials and lunch.
YOU MAY ALSO BE INTERESTED IN. . .
Med-Arb: Inaugural Training for the DR Professional December 4 & 5
Family Law Mediation LEVEL III January 14 – 16
Watch for more details!
Getting your CPD hours just got easier!
Visit us at www.cle.bc.ca for more information.
CLEBC provides bursaries to members of the legal
community who would not otherwise be able to attend a
course. For more details, visit our website.
Did you know...
DISPUTE RESOLUTION
Advanced Mediator Clinic An in-depth clinical practice and discussion course for mediators
Tuesday & Wednesday, November 4 & 5, 2014; 9:00 am – 5:00 pm BOTH DAYS
Vancouver location to be announced
LIMITED ENROLMENT. REGISTER EARLY TO AVOID DISAPPOINTMENT!
WHO SHOULD ATTEND: Mediators working in mediation programs in the courts or institutional settings; mediators in private practice interested in broadening the context of their mediation; administrators in mediation programs who have mediation training; or anyone wanting to work on skills and discuss difficult problems.
LEARNING LEVEL: Advanced
This two-day, practice oriented, advanced level session is of particular in-terest to lawyer-mediators engaged in either family or general mediation work. Participants must have had at least 40 hours of formal mediation training, although many will have had substantially more. The course will feature more advanced skills training, discussion of contemporary problems in the field, and clinical mediation experimentation. It will concentrate on continuous development of the mediator’s attitude, process, and skills at an advanced level. The session is tailored around the common experience base of those who attend, with particular emphasis on the sorts of problems participants bring to the course.
AFTER TAKING THIS COURSE YOU WILL BE ABLE TO. . .
• identify and address the assertive use of transactional power
• acknowledge and respond to cultural diversity in the mediation
• alter the mediation process to meet the parties’ needs and expectations
• recognize and address emotion during mediation
• practice authenticity by developing your personal mediator style
• deal with unexpected challenges from participants and counsel
This course also counts towards the Family Law ADR Qualification Hours.
*NOTE: Please bring your copy of The Practice of Mediation: Exploring Attitude Process and Skills (Gordon Sloan and Jamie Chicanot) to the course. If you do not have a copy, one will be provided for you.
LSBC CPD HOURS: 16 hours (a minimum of 3 hours will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)INSTRUCTOR: Gordon B. Sloan — ADR Education, Victoria
PRICINGLIVE COURSE: Regular $1,210Registration includes a print copy of the workshop materials. *See note above.
8 LIVE COURSE LIVE WEBINAR WEBINAR ARCHIVE CLE-TV T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R 9
LAW OFFICE/PRACTICE MANAGEMENT
Legal Practice Essentials Creating and retaining powerful practice habits
Tuesday, November 18, 2014; 12:00 pm – 1:00 pmREBROADCAST: “Last Kick at the Can”: Friday, December 19, 2014; 12:45 pm – 1:45 pm
WHO SHOULD ATTEND: Lawyers and paralegals at all levels of practice.
LEARNING LEVEL: All levels
When you carefully examine the legal practice of any successful lawyer you will find a number of positive habits, or routines, that have contributed to solid performance over the years. In this pres-entation you will learn how to establish and maintain powerful practice habits that will help you to work more efficiently and effectively and improve your ability to manage client relationships.
AT THIS COURSE YOU WILL LEARN. . .
• key insights about how habits are formed, from recent discoveries in the field of neuroscience
• how positive habits are essential to a successful legal practice and contribute to effective-ness, organization, client relationship management, and overall resilience
• a series of powerful positive practice habits you can implement immediately
This session includes a workshop segment where you will get started forming your own habit. Materials for the session include a detailed list of powerful practice habits, and a template to guide you through the habit creation process.
LSBC CPD HOURS: 1 hour which will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management.FACULTY: Allison Wolf — Lawyer, Coach, and Law Practice Advisor, Shift Works Strategic Inc.,
Vancouver
EARLY BIRD Register by NOV. 11: $115
“LAST KICK AT THE CAN” Rebroadcast: $100WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the reference materials.
Overcoming the Delegation Dilemma Tuesday, December 9, 2014; 12:00 pm – 1:00 pmREBROADCAST: “Last Kick at the Can”: Friday, December 19, 2014; 2:00 pm – 3:00 pm
WHO SHOULD ATTEND: Lawyers who delegate work to juniors and paralegals.
LEARNING LEVEL: All levels
This course provides tips and tactics for the reluctant delegator.
LSBC CPD HOURS: 1 hour which will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management.FACULTY: Allison Wolf — Lawyer, Coach, and Law Practice Advisor, Shift Works Strategic Inc.,
Vancouver
EARLY BIRD Register by DEC. 2 : $115
“LAST KICK AT THE CAN” Rebroadcast: $100WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the reference materials.
PAST ATTENDEES SAID IT BEST ABOUT ALLISON WOLF’S COURSES. . .
“Very articulate, uses examples which many of us easily identify with, happy absence of jargon”
“She had an accepting and relaxed style and gave good examples of her client’s situations and solutions that worked for them.”
“Some great resources and tips”
LITIGATION
The Great Examination for Discovery: Principles and Principal Techniques Tuesday, November 25, 2014; 9:00 am – 4:30 pm*Optional ethics session: a Self-Paced eLearning course, 1 – 2 hours completed on your own time over any 2 weeks before December 31, 2014Pan Pacific Hotel, 999 Canada Place, Vancouver
WHO SHOULD ATTEND: All litigators interested in learning proven techniques for examina-tions for discovery.
LEARNING LEVEL: All levels
If done right, the questioning of the opposing party in an examination for discovery is an intellectually rigorous discipline…requiring the diligent and skillful application of the logical rules that best exploit case theory opportunities and best attack case theory problems. All litigators should have studied the discipline’s dozens of rules while still in law school, and, later on, should have observed their law firms’ experienced litigators effectively employ those rules in every adverse examination for discovery. Yet, sadly, the vast majority of litigators practice for an entire career without ever truly understanding this crucial syllogism: Trial is argument. Examination for discovery is trial. Thus, examination for discovery is argument.
Through the use of highly-entertaining video clips of many high profile cross-examinations, the program analyzes and illustrates how to conduct great adverse examinations for discovery…every time out.
LSBC CPD HOURS: 6.5 hours. *If you complete a Self-Paced eLearning course before December 31, 2014, you will obtain 1 CPD hour which involves professional responsibility and ethics, client care and relations, and/or practice management. NOTE: As part of your registration, you will receive a non-transferrable complimentary registration to any eligible Self-Paced eLearning course.INSTRUCTOR: Robert Musante — Alamo, California
EARLY BIRD Register by OCT. 28LIVE COURSE: Regular $585 | Student: $290; LIVE WEBINAR: $565WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials.
Attacking the Expert’s Opinion at Trial Learn the one, right logical method a cross-examiner must understand
Wednesday, November 26, 2014; 9:00 am – 4:30 pm*Optional ethics session: a Self-Paced eLearning course, 1 – 2 hours completed on your own time over any 2 weeks before December 31, 2014Pan Pacific Hotel, 999 Canada Place, Vancouver
WHO SHOULD ATTEND: All litigators interested in learning proven techniques to deal with experts at trial.
LEARNING LEVEL: All levels
Experts are typically the most dangerous trial witnesses because, testifying cloaked with the mantle of the “truth-seeking, seen-it-all-before scientist,” their opinion can determine a major issue, maybe the entire case. Yet, they can also be the trial’s most vulnerable witnesses because, unlike fact witnesses who must principally defend only their first-hand observations, experts can be attacked on several fronts: science, integrity, qualifications, and thoroughness. The focus of this seminar is the one, right, logical method the trial cross-examiner must understand to most effectively attack the “scientific merits” of the expert’s opinion... no matter the field of expertise.
LSBC CPD HOURS: 6.5 hours. *If you complete a Self-Paced eLearning course before December 31, 2014, you will obtain 1 CPD hour which involves professional responsibility and ethics, client care and relations, and/or practice management. NOTE: As part of your registration, you will receive a non-transferrable complimentary registration to any eligible Self-Paced eLearning course.INSTRUCTOR: Robert Musante — Alamo, California
EARLY BIRD Register by OCT. 29LIVE COURSE: Regular $585 | Student: $290; LIVE WEBINAR: $565WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials.
Civil Litigation in BC Symposium Rules, culture, and change
Wednesday, November 19, 2014; 9:00 am – 4:00 pmPan Pacific Hotel, 999 Canada Place, VancouverREBROADCAST: “Jump Start on CPD”: Friday, March 27, 2015; 9:00 am – 4:00 pm
WHO SHOULD ATTEND: Civil litigators at all levels of practice experience.
LEARNING LEVEL: All levels
It has been more than three years since British Columbia adopted a new set of Supreme Court Rules to govern civil litigation—rules aimed to make civil justice more efficient and affordable. It would be fair to say that the 2010 Civil Rules have only partially realized the lofty goals that were set out for them.
This course will review the jurisprudence that has developed under the 2010 Rules to more deeply under-stand whether change for the better has been realized, and the factors that have shaped, and continue to shape, the evolution of the Rules in practice. We will examine the theoretical and practical challenges of improving civil justice and what this entails for the bench and bar going forward.
AT THIS COURSE YOU WILL LEARN ABOUT.. .
• the impact of the 2010 Rules on civil litigation practice
• litigation and its evolving status relative to other dispute resolution mechanisms
• the lessons of other jurisdictions that have sought improved civil justice
• the current front line practice issues and pointers that the 2010 Rules have given rise to
• the impact of technology on litigation practice and how to prepare for coming changes
LSBC CPD HOURS: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)
CHAIRS
Peter C.P. Behie, QC — Ramsay Lampman Rhodes, NanaimoBrook Greenberg — Fasken Martineau DuMoulin LLP, Vancouver
FEATURED SPEAKER: The Honourable Mr. Justice Thomas A. Cromwell — Supreme Court of Canada, Ottawa
FACULTY
The Honourable Chief Justice Christopher E. Hinkson — Supreme Court of BC, Vancouver
The Honourable Mr. Justice Robert A. Graesser — Court of Queen’s Bench, Edmonton
The Honourable Mr. Justice Nathan H. Smith — Supreme Court of BC, Vancouver
Master William McCallum — Supreme Court of BC, Victoria
Daniel R. Bennett, QC — Bull, Housser & Tupper LLP, Vancouver
Murray A. Clemens, QC — Nathanson, Schachter & Thompson LLP, Vancouver
Barbara Cornish — Singleton Urquhart LLP, Vancouver
D. Geoffrey Cowper, QC — Fasken Martineau DuMoulin LLP, Vancouver
Geoffrey B. Gomery, QC — Nathanson, Schachter & Thompson LLP, Vancouver
J. Kenneth McEwan, QC — Hunter Litigation Chambers, Vancouver
Alison L. Murray, QC — Murray Jamieson, VancouverDarin Thompson — Ministry of Justice - Justice
Services, Victoria
EARLY BIRD Register by OCT. 22
LIVE COURSE: Regular $555 | Student $310; LIVE WEBINAR: $535“JUMP START ON CPD” Rebroadcast
EARLY BIRD Register by FEB. 27 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials and lunch.
AGENDA
• Civil Litigation under the Current Rules
• Civil Litigation and Arbitration
• Civil Litigation and Other Jurisdictions
• LUNCH WITH FEATURED SPEAKER: “Why is Civil Justice so Hard to Fix?” The Honourable Mr. Justice Thomas A. Cromwell — Supreme Court of Canada, Ottawa
• Civil Litigation and Culture Change
• Symposium on the BC Rules and Civil Litigation—Discussion Groups and Plenary Session
•The Future of Civil Litigation in BC
LITIGATION
For complete course information, including a detailed course agenda, please visit us online: www.cle.bc.ca/courses
T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R 1110 LIVE COURSE LIVE WEBINAR WEBINAR ARCHIVE CLE-TV
NATURAL RESOURCES
Mining Law 2014 What is next in BC?
Wednesday, November 5, 2014; 9:00 am – 4:00 pmPan Pacific Hotel, 999 Canada Place, VancouverREBROADCAST: “Jump Start on CPD”: Tuesday, March 31, 2015; 9:00 am – 5:00 pm
WHO SHOULD ATTEND: Lawyers and mining executives.
LEARNING LEVEL: All levels
Mining continues to be of major importance both in British Columbia and on the international economic stage. This course will focus on the legal and pragmatic implications of current developments affecting practice in this area. Join us for a comprehensive update, both legal and practical.
LSBC CPD HOURS: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management).CHAIR: Graham H. Scott — Vector Corporate Finance Lawyers, Vancouver
PRICINGLIVE COURSE: Regular $550 | Student $275; LIVE WEBINAR: $525
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by MAR . 3 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials.
PERSONAL INJURY
Mild Traumatic Brain Injury 2014 MTBI cases can raise complex issues of injury assessment and proof—be prepared!
Friday, November 28, 2014; 9:00 am – 4:00 pmPan Pacific Hotel, 999 Canada Place, VancouverREBROADCAST: “Jump Start on CPD”: Friday, March 27, 2015; 9:00 am – 4:00 pm
WHO SHOULD ATTEND: Personal injury litigators, both plaintiff and defence counsel.
LEARNING LEVEL: Intermediate/Advanced
Mild Traumatic Brain Injury (MTBI) is a complex and sometimes poorly understood injury. There is a host of physical, sensory, and cognitive symptoms that can manifest themselves, from immediately after an accident to months later. MTBI is an injury that can profoundly affect an injured party, while at the same time create challenges for both medical profession-als and litigation counsel. Valuable for both plaintiff and defence lawyers, this comprehensive program will examine the medical and legal issues surrounding the collection, assessment, and tendering of evidence surrounding mild traumatic brain injury.
LSBC CPD HOURS: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)CHAIR: Robert C. Brun, QC — Harris & Brun, VancouverFEATURED SPEAKER: The Honourable Lance S.G. Finch — Associate Counsel, Guild Yule LLP,
Vancouver
EARLY BIRD Register by OCT. 31LIVE COURSE: Regular $555 | Student $310; LIVE WEBINAR: Regular $535
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by FEB. 27 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials and lunch.
Unable to attend without financial support?
To learn about our Bursary Program and our Easy Pay Plan (see page 23).
Residential Real Estate Conference 2014 Mark your calendar for your yearly update!
Thursday, December 4, 2014; 9:00 am – 4:00 pmPan Pacific Hotel, 999 Canada Place, VancouverREBROADCASTS
“Jump Start on CPD”: Wednesday, March 25, 2015; 9:00 am – 4:00 pm“Jump Start on CPD”: Wednesday, April 1, 2015; 9:00 am – 4:00 pm
WHO SHOULD ATTEND: All lawyers with a practice in real estate; the course may also be of interest to notaries public.
LEARNING LEVEL: All levels
CLEBC is pleased to bring you our seventh annual Residential Real Estate Conference. Every year lawyers practicing in this area meet to discuss the latest cases, trends, and challenges faced by residential real estate practitioners today. Come along for your annual update. Province-wide online participation is welcomed via live webinar.
CLEBC and CBABC would like to thank econveyance, Stewart Title Guaranty Company, and LawyerDoneDeal for their generous support in sponsoring this event.
LSBC CPD HOURS: 7 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)
CHAIRS
Paulina Kam — Lando & Company LLP, VancouverTimothy J. Lack — Lunny Atmore LLP, Vancouver
EARLY BIRD Register by NOV. 6
LIVE COURSE: Regular $555 | Student $310; LIVE WEBINAR: $535
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by the dates listed below: $405For the course on March 25, register by FEB. 25
For the course on April 1, register by MAR. 4
WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.
Registration includes an electronic version of the course materials and lunch.
AGENDA
• Recent Case Law on Foreclosures
•Avoiding the Collapsing Deal
•Oil Tanks and Residential Conveyancing
• Private Lenders/Mortgage Investment Corporations
•Update on and Impact of Recent Changes to the Strata Property Act Concerning Disclosure of Parking Stall and Storage Locker Allocation
• CRA Deemed Trust Claims
• Lunch With Featured Speaker (TBA)
• Prepayment Penalties
• Top Mistakes That Cause Claims
•Hot Topics for Real Estate Lawyers
• Current Mortgage Issues
• You Can Fight City Hall—Here’s How
•The Use (Misuse, and Abuse) of Powers of Attorney in Real Estate Transactions
REAL ESTATE
DO YOU HAVE THIS PRACTICAL REAL ESTATE LAW RESOURCE?
British Columbia Real Estate Practice ManualA practical day-to-day guide to real estate conveyancing
CURRENT TO: March 1, 2014 | 1,302 pp.
THIS BOOK IS ESSENTIAL FOR: junior to intermediate lawyers in real estate practice, and helpful for seasoned practitioners.
This practical, day-to-day guide leads you quickly and completely through the necessary steps of a conveyance. The manual includes:
• thorough discussion of residential property, including searches and investigations
• summary chapter on commercial property transactions • special considerations for strata lots • discussion of lawyers’ undertakings and professional
responsibility issues
• the latest decisions on duties of real estate licensees • full coverage of tax considerations for both residential and
commercial property • practical advice and remedies for a collapsing deal
PRICE: $375 | ONLINE ONLY: $275
annual subscriptions are available!
ONLINE ONLY
For complete course information, including a detailed course agenda and faculty list, please visit us online: www.cle.bc.ca/courses
CBABC Members receive an additional 10% OFF
Call Customer service to register and remember to have your CBABC membership number ready.
CBABC GROUP LIVE WEBINARS: Special rates will apply for CBABC members who participate in a group Live Webinar with five or more individuals at the same site. Call Customer Service for details.
PRESENTED BY CLEBC IN COLLABORATION WITH
Defamation and Media Law Protecting reputation in the Information Age for defamation practitioners and ALL lawyers
Friday, November 21, 2014; 9:00 am – 4:30 pmPan Pacific Hotel, 999 Canada Place, VancouverREBROADCAST: “Jump Start on CPD”: Thursday, March 26, 2015; 9:00 am – 4:00 pm
WHO SHOULD ATTEND: Civil litigators and media management personnel.
LEARNING LEVEL: Intermediate/Advanced
Media and defamation law continues to evolve in the face of rapid technological change, the growth of the Internet, and the boom in global communications. The fundamental issues remain the same but there are also many new twists engendered by new technology and its operation within larger social trends. This comprehensive one-day program will review a range of individual, corporate, and media issues in defamation and media law as well as explore practical practice matters facing counsel. The program will feature leading counsel on key issues in this important and expanding niche of practice.
YOU WILL LEARN ABOUT. . .
• practical practice pointers for representing clients as both plaintiffs and defendants
• the impact of the Internet and technology on defamation and media law
• handling publication bans
• fair comment in the context of scientific controversies
• the nuts and bolts of pleadings in defamation cases
CLEBC is using Twitter at this program. You can post a question or comment on Twitter using the hashtag: #clebc. Want to find out more? Go to our website and download: A Guide for Using Twitter at CLEBC Programs.
LSBC CPD HOURS: 7 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)CHAIRS
David A. Crerar — Borden Ladner Gervais LLP, VancouverMichael A. Skene — Borden Ladner Gervais LLP, Vancouver
EARLY BIRD Register by OCT. 24LIVE COURSE: Regular $555 | Student $310; LIVE WEBINAR: $535
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by FEB. 26 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials and lunch.
Social Media as Evidence ...what you can use and how to get it
Tuesday, November 25, 2014; 12:00 pm – 1:00 pmREBROADCAST: “Last Kick at the Can”: Monday, December 8, 2014; 3:15 pm – 4:15 pm
WHO SHOULD ATTEND: Litigators interested in how social media is and can be used as evidence.
LEARNING LEVEL: Fundamental/Intermediate
LSBC CPD HOURS: 1 hour. This course will NOT involve aspects of professional responsibility and ethics, client care and relations, and/or practice management.FACULTY: Daniel J. Reid — Harper Grey LLP, Vancouver
EARLY BIRD Register by NOV. 18 : $90
“LAST KICK AT THE CAN” Rebroadcast: $100WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the reference materials.
12 LIVE COURSE LIVE WEBINAR WEBINAR ARCHIVE CLE-TV T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R 13
ABOUT THE PRESENTER
KATRINA DUNN is an award-winning professional director, respected producer, and inspiring teacher who has brought her considerable skill set to creation of the principles and techniques of Touchstone Training. For over a decade she has been Artistic Director of Touchstone Theatre, one of Vancouver’s most cherished cultural organizations, and has worked with Vancouver lawyers for almost as long on Touchstone Training workshops in BC through the CLEBC, Trial Lawyers Association of BC, at numerous private firms, and at several conferences and retreats. She now tours Canada teaching the Powerful Performance course under the auspices of The Advocates’ Society and Seminar Partners.
SKILLS
The Powerful Performance: Effective Advocacy Skills for Lawyers Dramatically improve your performance as a lawyer using the skills and techniques of an actor
Thursday, November 6, 2014; 9:00 am – 4:00 pmVISIT US ONLINE TO SEE ADDITIONAL DATES.
CLEBC Boardroom, 500 – 1155 West Pender Street, Vancouver
LIMITED ENROLMENT. REGISTER EARLY TO AVOID DISAPPOINTMENT!
WHO SHOULD ATTEND: All lawyers who want to increase their effectiveness, from those newly called who want to improve their confidence and self-possession, to seasoned practitioners who want to enhance their skill set.
LEARNING LEVEL: All levels
This course is designed to teach lawyers how to be more natural, believable, and self-possessed, and to implement simple, concrete techniques that will maximize your performance at trial, in mediation, in arbitration, and in any legal argument. These skills will enable you to take your case beyond the traditional approach to trial advocacy, and give you the critical persuasive edge. You will learn by doing as each participant will be given the opportunity to make a presentation and receive one on one feedback and helpful techniques for improving. By the end of the session you will possess the skills to make you a better lawyer—a lawyer who will win more arguments by making a positive connection with clients, jurors, and judges!
AFTER TAKING THIS COURSE YOU WILL BE ABLE TO. . .
• use confidence to combat nerves and increase your presence in the room
• use your voice with more power and sophistication
• shape your presentations into commanding and engaging performances
• engage in authentic and persuasive contact with your audience in any work setting
LSBC CPD HOURS: 6 hours. If you attend the course plus the optional session, you will obtain a minimum of 1 hour of professional responsibility and ethics, client care and relations, and/or practice management and a total of 7 CPD hours.INSTRUCTOR: Katrina Dunn — Course Creator and Lead Instructor, Touchstone Training, and
Artistic Director, Touchstone Theatre, Vancouver
PRICINGLIVE COURSE: Regular $810 | Student $435Registration includes workshop materials and lunch.
Getting your CPD hours just got easier!
Visit us at www.cle.bc.ca for more information.
Last Kick at the Can 2014 Haven’t earned your CPD credits yet? No worries…kick back with “Last Kick” and obtain CPD credits from your home or office!Monday – Thursday, December 8 – 11, 2014 AND Monday – Friday, December 15 – 19, 2014
If you haven’t yet met your CPD requirements for 2014, here is an opportunity to do so. Over a two week period, we will be rebroadcasting webinar archives of 30 of our most popular programs in the past year. If you participate in any one of these programs, you will have the opportunity for live real-time interaction with your fellow registrants.
LSBC CPD HOURS:
TWO-DAY PROGRAMS: 12 hours of CPD, 2 hours of which involve professional responsibility and ethics, client care and relations, and/or practice management.
FULL-DAY PROGRAMS: 6 hours of CPD, 1 hour of which involves professional responsibility and ethics, client care and relations, and/or practice management.
All other CLE-TV programs running on our two ETHICS DAYS (Monday, December 8, 2014 and Friday, December 19, 2019): 1 hour of CPD, 1 hour of which involves professional responsibility and ethics, client care and relations, and/or practice management.
FULL-DAY PROGRAMS: $450 | TWO-DAY PROGRAMS: $900 | CLE-TV PROGRAMS: $100
For complete course information, including a detailed course agenda and faculty list, please visit us online: www.cle.bc.ca/courses
COURSES
Advanced Securities Law 2014Wednesday, December 10, 2014; 9:00 am – 4:00 pm
Anatomy of a Medical ExpertWednesday, December 17, 2014; 9:00 am – 4:00 pm
Civil Litigation Conference 2014Tues. & Wed., Dec. 9 & 10, 2014; 9:00 am – 4:00 pm
Computer Forensics in Civil and Criminal LitigationThursday, December 18, 2014; 9:00 am – 4:00 pm
Construction Law 2014Thursday, December 11, 2014; 9:00 am – 4:00 pm
Creditors’ Remedies 2014Monday, December 15, 2014; 9:00 am – 4:00 pm
Criminal Practice 2014Wednesday, December 17, 2014; 9:00 am – 4:00 pm
Digital Assets and DeathMonday, December 8, 2014; 2:00 pm – 3:00 pm
Employment Law Conference 2014Mon. & Tues., Dec. 15 & 16, 2014; 9:00 am – 4:00 pm
Estate Administration: Navigating the New RulesTuesday, December 9, 2014; 9:00 am – 4:00 pmWednesday, December 17, 2014; 9:00 am – 4:00 pm
Family Law BasicsMon. & Tues., Dec. 15 & 16, 2014; 9:00 am – 4:00 pm
FLA for Estates PractitionersWednesday, December 10, 2014; 9:00 am – 4:00 pmThursday, December 18, 2014; 9:00 am – 4:00 pm
FLA: Guardianship and Parenting— One Year LaterTuesday, December 9, 2014; 9:00 am – 4:00 pmWednesday, December 17, 2014; 9:00 am – 4:00 pm
The Fundamentals of Judicial ReviewThursday, December 18, 2014; 9:00 am – 4:00 pm
Layperson vs. Lawyer: Dealing with Unrepresented LitigantsFriday, December 19, 2014; 9:00 am – 10:00 amFriday, December 19, 2014; 11:30 am – 12:30 pm
Legal Practice EssentialsFriday, December 19, 2014; 12:45 pm – 1:45 pm
Limited Scope Retainers: Practical Advice and TipsFriday, December 19, 2014; 10:15 am – 11:15 am
Mergers & Acquisitions 2014Thursday, December 11, 2014; 9:00 am – 4:00 pm
Motions to Strike 2014Monday, December 15, 2014; 9:00 am – 4:00 pm
Multi-Party Litigation 2014Tuesday, December 16, 2014; 9:00 am – 4:00 pm
Overcoming the Delegation DilemmaFriday, December 19, 2014; 2:00 pm – 3:00 pm
ProcrastinationFriday, December 19, 2014; 3:15 pm – 4:15 pm
Personal Injury Conference 2014Thursday, December 11, 2014; 9:00 am – 4:00 pmThursday, December 18, 2014; 9:00 am – 4:00 pm
Property Under the FLA—Lessons from Alberta, Saskatchewan, and OntarioWednesday, December 10, 2014; 9:00 am – 4:00 pmThursday, December 18, 2014; 9:00 am – 4:00 pm
Real Estate Development Advanced TopicsThursday, December 11, 2014; 9:00 am – 4:00 pmMonday, December 15, 2014; 9:00 am – 4:00 pm
Real Estate Fundamentals 2014Tues. & Wed., Dec. 9 & 10, 2014; 9:00 am – 4:00 pm
Restitution 2014Tuesday, December 16, 2014; 9:00 am – 4:00 pm
Social Media as EvidenceMonday, December 8, 2014; 3:15 pm – 4:15 pm
Self-Governing Professions 2014Wednesday, December 17, 2014; 9:00 am – 4:00 pm
The Strategic Business Lawyer SeriesI: Contract TroubleshootingMonday, December 8, 2014; 9:00 am – 10:00 am
II: Managing Risk & Business ContinuityMonday, December 8, 2014; 10:15 am – 11:15 am
III: Solicitor’s Guide to Commercial ArbitrationMonday, December 8, 2014; 11:30 am – 12:30 pm
IV: Preventing & Managing Corporate Governance ProblemsMonday, December 8, 2014; 12:45 pm – 1:45 pm
Tax Issues for Commercial PractitionersTuesday, December 9, 2014; 9:00 am – 4:00 pm
WESA for Family LawyersThursday, December 11, 2014; 9:00 am – 4:00 pmTuesday, December 16, 2014; 9:00 am – 4:00 pm
SECURITIES LAW
Securities Fundamentals: Private Placements
The how. The why. The do’s and don’ts.
Tuesday, November 18, 2014; 9:00 am – 4:00 pmPan Pacific Hotel, 999 Canada Place, VancouverREBROADCAST: “Jump Start on CPD”: Wednesday, April 1, 2015; 9:00 am – 4:00 pm
WHO SHOULD ATTEND: Lawyers with 1 to 3 years of experience practicing in the area of securities and experienced lawyers who seek a refresher on private placements; the course may also be of interest to in-house counsel and business lawyers who get involved with private placements.
LEARNING LEVEL: Fundamental
The experts will provide you with a solid foundation for dealing with Private Placements, including best practices and how to navigate the pitfalls. In addition to learning the ins and outs from experienced counsel, you will also benefit from the additional perspectives of the transfer agent, TSX, TSX Venture Exchange, the BC Securities Commission, and the Law Society.
FROM THIS COURSE YOU WILL LEARN…
• strategies and practice points for working with private placements, including subscription agreements, agency or underwriting agreements, warrant indentures, and overall closing mechanics
• how to facilitate exchange review and acceptance
• the most common US exemptions
• best practices for funds coming in and out of trust in transactions
LSBC CPD HOURS: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)CHAIR: Geoffrey M. Sherrott — Edwards, Kenny & Bray LLP, VancouverPLANNING COMMITTEE
Dwight D. Dee — Miller Thomson LLP, VancouverZafar Khan — Policy Counsel, Listed Issuer Services, TSX Venture Exchange, VancouverCandice Peskett — Boughton Law Corporation, VancouverLucy Schilling — DuMoulin Black LLP, VancouverLarissa M. Streu — Senior Legal Counsel, Corporate Finance, British Columbia Securities
Commission, Vancouver Katherine H. Tang — Boughton Law Corporation, Vancouver
EARLY BIRD Register by OCT. 21LIVE COURSE: Regular $555 | Student $310; LIVE WEBINAR: Regular $535
“JUMP START ON CPD” RebroadcastEARLY BIRD Register by MAR . 4 : $405WEBINAR ARCHIVE: This course will be added to the Webinar Archive. To subscribe visit www.cle.bc.ca/onlinestore.Registration includes an electronic copy of the course materials and lunch.
T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R 1514 LIVE COURSE LIVE WEBINAR WEBINAR ARCHIVE CLE-TV
Annotated Estates Practice 2014 EDITIONThe new edition of CLEBC’s portable estates law library
THIS BOOK IS ESSENTIAL FOR: all wills and estates lawyers.
CURRENT TO: April 14, 2014
This is the 10th edition of our popular consolidation
of core wills and estates law materials. All the key
statutes have been annotated by prominent estates
lawyers who have prepared succinct summaries of the
most relevant decisions in everyday language. This edition
includes the full consolidated text of the Wills, Estates and
Succession Act, and of the new probate rules and forms
that came into force on March 31, 2014.
With this portable, up-to-date compilation of relevant statutes, rules, and regulations, you will
have quick access to answers you need to maintain a successful estates law practice.
THIS BOOK WILL:
• keepyouonestepaheadintheevolvingarenaofwillsandestateslaw
• beyourportableresourcewhetheryou’reatyouroffice,aclient’soffice,athome,orincourt
• allowyouquickaccesstocore,essentialmaterials
• saveyouvaluabletime—alltheinformationyouneedisatyourfingertips
HIGHLIGHTS OF THE 2014 EDITION
• allpartsofthepublicationcurrenttoApril14,2014
• consolidatedWESAincludesamendmentsunderBill14,2014(Justice Statutes Amendment Act, 2014)
• consolidationofthenewProbateRulesandProbateFormsincludesallofthelastminute(March2014)amendments
• relevantannotationsfromformerstatutesbroughtintotheapplicablesectionsoftheWESA,creatinganannotatedWESA
• formerannotatedActsandRulesappearinPart4ofthepublication
• pendingamendmentstotheAdult Guardianship Act,Family Law Act,andotherlegislationappearadjacenttothecurrentlegislation
• tableofconcordancelinkingformerstatutestotheWESA,andnewsubjectindex
30848 | ISSN 1910-3719 | 1,072 pp. | $165
10th ANNUAL EDITION
We appreciate our volunteer contributors. Here we share a glimpse of what they are doing and how they have devoted their valuable time and expertise to meet and plan, write, speak, and commit to the successful development of continuing legal education in our province. They give, we learn, and the benefits are immeasurable.
In the spotlight...
Mark DaviesMark Davies is a partner at BC’s oldest law firm, Richards Buell Sutton LLP. His areas of expertise are corporate, commercial and real estate law, with specialties in realization, secured transactions, and insolvency topics ranging from debtor re-organizations and workouts to bankruptcy and creditor remedies.
Mark has acted for numerous financial institutions, private lenders, and businesses in enforcing remedies, restructuring, and advising distressed businesses. He also advises in both the lending and realization areas of personal property security law with a particular emphasis on priority issues.
Mark is on the editorial board of CLEBC’s BC Personal Property Security Act Practice Manual and is chair of the upcoming CLEBC seminar on PPSA.
How and why did you get involved with CLEBC?My first CLEBC experience was in the previous geological era, sometime in the 80’s. That uncovered a latent urge to tell other people what to do. Teaching allows an opportunity to thump one’s chest without immediate contradiction, such as by smarty pants lawyers. A little later, the connection between teaching and learning (in order to teach) dawned on me, leading to more chest thumping.
What are you are currently working on (or have most recently worked on) with CLEBC? Paul Bradley, Don Bird and I have recently overseen the 2014 update of the BC PPSA Practice Manual. In early 2015 I will be involved with the first CLEBC seminar on PPSA in several years.
What has been your most memorable CLEBC experience?Probably surviving the first one relatively unscathed. CLEBC seminars weren’t videotaped then, but it was still a trial of nerves to assert to a large audience that I was worth listening to while refraining from yawning or snickering. I was relieved to then be able to resume my practice instead of having to seek a new career.
What’s the most valuable piece of advice you have received? The bit about the birds and the bees. After that, to concern myself with reputation (read Tom Wolfe’s Bonfire of the Vanities). Although you can fool many people much of the time, now we have the Internet, and cameras in elevators. And lawyers are incurable gossips. After all, who decided we need confidentiality agreements and privacy legislation!
What advice would you give newcomers who are interested in working in the legal profession? To check their motives. At the same time as everybody hates lawyers, they all want their children to become one. While most legal recruits are likely motivated by visions of paycheques, the forgotten benefit is to learn how to work effectively within the structures that govern our increasingly complex society. If you don’t learn it for yourself, you’ll probably have to hire lawyers to advise you. That’ll teach you.
What has been the most rewarding part of your career? Working with and getting to know so many intelligent, capable, and engaging (most of them anyway) people has been an un-anticipated and profound personal benefit of my legal career.
Other than law, what are you passionate about? I’m not passionate so much about law but about the things law enables, such as being able to play pool without having to duck bullets. I am passionate about many products of civilization: books, better food, wine, toilet paper ...
What are some of your favourite legal resources? (blogs, websites, etc.) Not keen on legal blogs and websites. CLEBC manuals are often the best place to start investigating a legal dilemma.
Anything you’d like to shamelessly promote? (favourite charity, social cause, etc.) Yes, not stuffing absolutely everything imaginable into the com-puter. I’ve had a lot of fun with reality and I find virtual reality a lot like fast food; it makes for a good photo op but lacks the real meal deal.
17T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R16
CLE ONLINE
Haghdust v. British Columbia Lottery Corp., 2014 BCSC 1327 [CLE # 56422]
Since the Jackpot Entitlement Rules of the defendant BC Lottery Corporation
[BCLC] were not properly and validly enacted by its Board in 2008, the BCLC
had no authority to withhold jackpot prizes from persons who had signed
voluntary self-exclusion forms prior to the amendment to s. 93(3) of the
Gaming Control Act in 2010.
Since the late 1990s, the defendant British Columbia Lottery Corporation [BCLC] had
a “VSE” program under which a patron could sign a voluntary self-exclusion form
[VSE Form]. The representative plaintiffs signed VSE Forms, L. in April 2007 and H.
in November 2007. On 30 October 2008 the BCLC Board of Directors purported to
approve the “Jackpot Entitlement Rules” in regard to persons who were voluntarily
self-excluded. Those rules, which provided, inter alia, that “No VSE Individual shall be
eligible to receive a Jackpot Prize”, were implemented on 1 April 2009. In September
2009 and June 2010 H. was denied two jackpot prizes totalling some $35,000; in January
2010 L. was denied a jackpot prize of $42,484. When the Rules were approved in 2008,
the Gaming Control Act [GCA] provided, in s. 92, that the BCLC had the right to refuse
entry to a gaming facility. In June 2010 the GCA was amended to, inter alia, add the
right to refuse entry to “a participant in a voluntary self-exclusion program”, and to
add s. 93(3), which disentitled from prizes persons to whom written notice had been
delivered in accordance with s. 92 (b). The plaintiff class, who were participants in the
VSE Program, sought recovery of jackpot prizes they won when they gambled at various
casinos operated on behalf of BCLC which were withheld. On a summary trial of the
class proceeding, the court held that, because the Jackpot Entitlement Rules were not
validly enacted in 2008 and could not be enforced against the plaintiff class, BCLC had
no authority to withhold jackpot prizes from the plaintiff class before the enactment
of s. 93(3) of the GCA in 2010. However, it was entitled to withhold jackpot prizes from
the plaintiff class thereafter. The reason the Jackpot Entitlement Rules were not validly
enacted in October 2008 was that the rules approved by the Board did not include any
reference to jackpot ineligibility. BCLC was liable for breach of contract in relation to the
jackpot prizes it was not entitled to withhold.
Self-Paced eLearning courses provide you with a new option
of earning CPD credit while watching a course by yourself.
These easily accessible short programs are interactive, with
questions interspersed between video clips of a previously
recorded CLE-TV program. There are reference materials available
to be viewed online or downloaded. You work online at your
own pace, completing the program in as many sessions as you
like. Completing the program gives you one hour of CPD credit. Most modules provide credit
for ethics and practice management
OUR CURRENT TITLES INCLUDE
Accidental Waiver of Privilege
Cashing in Your Chips—Selling (or Purchasing) a Practice
Email—Preventing a Mailstrom
Implied Undertakings
Procrastination
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The Bad Cheque Scam: Don’t Get Caught
Trust Accounting— Proper Practices & Pitfalls
Understanding and Overcoming Perfectionism
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CASE DIGEST CONNECTION SELF-PACED ELEARNING
The following legal case is
an extract from our Case Digest
Connection (CDC). The CDC
service provides samples of cases
relevant to BC law.
You can access all archived cases
since 1996 by subscribing to the
CDC. You will also receive weekly
(civil/criminal, civil, criminal, family,
personal injury) or monthly (wills
& estates) emails containing the
most recently digested cases.
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Contact Customer Service to order or for more information
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18 19T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R
20
For detailed book descriptions, including contents and authors, please visit us online: www.cle.bc.ca/publications
Recently updated publications!
Due Diligence DeskbookGet on target every time you investigate a company in a business acquisition
THIS PUBLICATION IS ESSENTIAL FOR: solicitors acting for a purchaser or lender
in a business acquisition.
CURRENT TO: June 1, 2014.
HIGHLIGHTS OF THE 2014 UPDATE
All content reviewed and updated for reliable
contact, search fee, and map information.
Examples of some of the content revisions include:
• CHAPTER 1 (General Advice): comments on the new Canadian Anti-spam legislation
• CHAPTER 3 (Bankruptcy): comments on searches under the CCAA under the Records List
• CHAPTER 4 (Corporate Registry): comments on enhancements to self-searches for BC OnLine account holders; provides example search results for a BC Community Contribution Company and a Society (Community Club)
• CHAPTER 8 (Out-of-Province Corporate Searches): information sheets reflect revised search fees
• CHAPTER 9 (Workers Compensation): comments on the limits to searches regarding prevention records
• CHAPTER 14 (Fisheries and Oceans): added content regarding the Riparian Area Regulation and updated contact information for Fisheries and Oceans Canada
• CHAPTER 15 (Transportation of Dangerous Goods): revised content regarding shipment by rail and air, plus limits to the search
• CHAPTER 16 (Land Title): revised content regarding the search and fees under the LTSA
• CHAPTER 23 (Forestry): comments on searches under the CCAA under the Records List
• CHAPTER 24 (Mining Titles): information sheets reflect revised district office and contact information
• CHAPTER 33 (Securities): revised description on how to conduct the search
• CHAPTER 34 (Aircraft): added content regarding Certificates of Registration and the International Registry of Mobile Equipment Search
30816 | ISBN 0-86504-760-x | 1,184 pp. PRINT + ONLINE: $375 ONLINE ONLY: $275
Employment Standards in British Columbia—Annotated Legislation and CommentaryThe definitive guide for human resources specialists and lawyers
THIS PUBLICATION IS ESSENTIAL FOR: labour and employment law practition-
ers and human resource specialists.
CURRENT TO: June 1, 2014
HIGHLIGHTS OF THE 2014 UPDATE
• Employment Standards Act and Regulations current to June 1, 2014
• annotations capture all significant new and reconsidered Tribunal decisions from June 1, 2013 to June 1, 2014; some examples of the issues raised in the decisions include:
- DEFINITIONS: employee vs. independent contractor, and employee vs. volunteer
- PART 1: s. 4 of the Act operates to give no effect to an agreement to include annual vacation pay in a commission structure
- PART 3: the employer’s obligation to provide a detailed statement of commissions and deduction of accommodation costs requires employee’s written authorization
- PART 7: an employer’s obligation to pay vacation pay that is in addition to regular wages and separate from the commission structure
- PART 8: an employer’s inability to assume that a part time, casual employee has voluntarily quit because the employee has been working for another business and how to calculate the notice period or compensation in lieu
- PART 10: the scope of the Director’s discretion to decide the process for dealing with a complaint; and the Director’s lack of jurisdiction to grant relief under the Human Rights Code
- PART 11: the meaning of “associated employers” under s. 95
- PART 12: what explanations for failing to file in a timely manner will be suc-cessful in extending the time period for requesting an appeal under s. 109
- PART 13: whether reliance on hearsay evidence is an error of law; whether not referring to evidence constitutes an error of law; when factual errors can constitute errors of law; when inadequate reasons may constitute a breach of natural justice; the right to raise new evidence if the evidence could have led the delegate to a different finding; and the factors that go into deciding whether to reconsider a decision
• updated subject index
• updated Rules
30865 | ISBN 1-55258-035-0 | 980 pp. PRINT + ONLINE: $255 ONLINE ONLY: $155
Family Law Act Transition GuideNavigate the Family Law Act with this essential guidebook!
THIS PUBLICATION IS ESSENTIAL FOR: all family lawyers.
CURRENT TO: July 1, 2014
HIGHLIGHTS OF THE 2014 UPDATE
• incorporation of amendments to the Family Law Act
• full text of the Family Law Act Regulation and the Division of Pensions Regulation
• identification of cases decided under the Family Law Act
• incorporation in chapter 2 of a list of questions to help clients assess process options
30809 | ISBN 978-1-55258-808-6 | 434 pp. PRINT + ONLINE: $195 ONLINE ONLY: $95
Updates coming soon for:
Conveyancing Deskbook
BC Personal Property Security Act Practice Manual
Land Title Electronic Forms Guidebook
Canadian Criminal Jury Instructions (CRIMJI)
Company Law Deskbook
Commercial Leasing
Civil Appeal Handbook
Land Title Practice Manual—Fall 2014 Update
annual subscriptions are available!
ONLINE ONLY annual subscriptions
are available!
ONLINE ONLY annual subscriptions
are available!
ONLINE ONLY
More than 40 CLEBC publications are available in both print and online editions. You can purchase the printed publication
which includes online access, or opt for an online only
subscription.
Did you know...
21T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R
Annotated Family Practice 2014 – 2015All of the essential British Columbia family law legislation at your fingertips.
THIS BOOK IS ESSENTIAL FOR: all family lawyers.
CURRENT TO: April 1, 2014
Annotated Family Practice is British Columbia’s
longstanding collection of the core family law
statutes, regulations, rules, guidelines, and practice
directions that family law lawyers regularly turn to in
practice. Succinct case summaries prepared by leading
family law practitioners highlight significant case law
under the Child Support Guidelines, Family Law Act, and
Child, Family and Community Service Act. Organized to
provide quick access to the right information and updated
annually, this is a must-have for family law practice.
WITH THIS RESOURCE, YOU WILL SAVE TIME:
• findingthecurrenttexttolegislation
• findingkeycaselawrelatingtotheChildSupportGuidelines,Family Law Act,andChild, Family and Community Service Act
• keepingcurrentonnewcasesandchangestofamilylawlegislation
NEW IN THIS 2014/2015 EDITION
• newcasesummariesundertheChildSupportGuidelinesandtheFamily Law Act
• thetextofpendingamendmentstotheFamily Law ActandtheFamily Maintenance Enforcement Act
• incorporationofamendmentstotheSupremeCourtFamilyRulesinforceonMay26,2014(B.C.Reg.90.2014)
30803 | ISSN 1495-9119 | 1,240 pp. | $165
17th ANNUAL EDITION
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Pay full price for the first registration and have additional viewers join you for $125 each (per person per day).
››› CLEBC Bursary Program
CLEBC’s Bursary Program allows us to offer outstanding support and access to our products and services. We offer bursaries to new and experienced members of the legal community.
IF
You are a member in good standing of the Law Society of BC (LSBC); or you are legal support staff employed by, or working under the direction of, a lawyer in good standing with the Law Society of BC;
AND
Without a bursary, you would not be able to attend the course;
THEN
You qualify for a CLEBC Bursary. The Bursary provides a 50%
DISCOUNT on registration fees for up to 3 courses per year with a maximum duration of 5 days. Some restrictions may apply and further assistance may be offered.
››› Easy Pay Plan
The Easy Pay Plan allows you to register for courses and purchase publications now and pay later.
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At the time of purchase, we’ll need a $50 down payment per item. The balance of your invoice will be split equally over the next 4 months, one payment each month.
HOW DO I PAY?
To make this convenient for you we’ll automatically process a payment on your VISA or MasterCard each month.
WHAT ELSE SHOULD I KNOW?
If you cancel your course registration, your initial payment will be used to pay our standard $50 administration fee. If you return the publication intact, your initial payment will be refunded. Your Easy Pay account is interest free. You can pay out your Easy Pay account balance without penalty at any time.
WHAT DO I DO NOW?
Contact Customer Service for an application form, complete it, and email it to custserv@cle.bc.ca or fax it to CLEBC at 604.669.9260. We will confirm by letter or email the status of your application as well as your schedule of payments.
For more details on any of these options please contact Customer Service.
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22
CLEBC offers over 90 courses per year—ranging
from Aboriginal Law to Wills, Estates and Trusts—most of
which are available via Live Webinar.
Did you know...
T H E CO N T I N U I N G L E G A L E D U C AT I O N S O C I E T Y O F B R I T I S H CO LU M B I A | the Spotlight – N OV E M B E R | D E C E M B E R 23
C O U R S E S U N D E R D E V E L O P M E N T
W I N T E R 2 0 1 5
Business Basics 2015
Business Basics Discussion Group 2015
J A N U A R Y 2 0 1 5
Appellate Practice 2015
The Basics of Wills and Estate Planning JAN. 29 & 30
Elder Law Mediation Skills
Family Law Mediation Level III
F E B R U A R Y 2 0 1 5
Advanced Civil Mediation
Annual Review Series CLE-TV
Creditors’ Remedies for Legal Support Staff 2015
Death Is Not the End: Estate Administration Workshop
Personal Injury for Paralegals and Legal Support Staff
The Powerful Performance: Effective Advocacy Skills for Lawyers FEB. 5
PPSA 2014 FEB. 26
Screening for Family Violence
Wills and Estates for Paralegals
M A R C H 2 0 1 5
Class Actions 2015
Family Law Drafting Basics
Jump Start on CPD Rebroadcasts MAR. 23 - APR. 2
Lawyers Use of Financial Statements
Medical Marihuana 2015
Shareholders’ Remedies 2015
Strata Property Update 2015
A P R I L 2 0 1 5
Civil Litigation Basics for Legal Support Staff
Shareholders’ Disputes 2015 APR. 22
WESA—One Year Later
M AY 2 0 1 5
Advanced Securities
Causation in Tort III
Commercial Leasing 2015
Dispute Resolution Conference 2015
Employment Law Conference 2015
Foreclosure Practice 2015
Legal Strategies in Private Mergers and Acquisitions 2015
Litigating ICBC and PI Cases in Provincial Court
Power to Persuade
The Powerful Performance: Effective Advocacy Skills for Lawyers MAY 17
Securities Litigation
For additional course information, please visit us online: www.cle.bc.ca/courses
Mark your calendars and watch for more details!
SEP14
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