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DDDDThe 36th Annual OBA Institute February 3–4, 2011The Fairmont Royal York Hotel

February 5, 2011Conference Centre at the OBA

www.oba.org/Institute2011

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2 OBA Institute 2011

What is cpd?

By now, if you are a practising lawyer or paralegal, you should have heard that mandatory continuing legal education–now called continuing professional development (CPD)– is coming for all Ontario lawyers and paralegals as of January 1, 2011. What you might not know is what exactly the new rules require of you. If this is the case for you, read on.

CPD is defi ned by the Law Society of Upper Canada (LSUC) as the maintenance and enhancement of a lawyer or paralegal’s professional knowledge, skills, attitudes and ethics through-out the individual’s career. As of January 1, 2011, every lawyer (and paralegal) licensed to practise in Ontario must complete 12 hours of CPD each year, three hours of which must be on topics of ethics, professionalism and/or practice management.

The three hours of ethics, professionalism and/or practice management may take the form of stand-alone programs or modules (LSUC has stated that it will be providing free pro-grams on these topics so that all lawyers can be sure of obtain-ing the necessary ethics, professionalism and/or practice man-agement CPD hours) or they may be part of regular, accredited CPD programs, or other CPD activities (discussed below). The OBA will strive to have as many programs as possible accred-

ited by LSUC to include CPD ethics, professionalism and/or practice management components, in addition to continuing to provide quality programs that will count towards a lawyer’s general CPD hours.

New lawyers must complete 12 hours of accredited CPD per year, for the fi rst two years of practice. All programs for new lawyers must be accredited by LSUC to qualify for their CPD hours. New lawyers can begin to accumulate CPD hours as soon as they are called to the bar, even though their CPD re-quirement does not commence until January 1st of the year after they are called.

Eligible CPD activities are: attending live or “real-time” pro-grams (webcast or telephone conference programs are ac-ceptable as long as participants can ask questions and the speakers/chair can answer them), listening to a program replay with another lawyer/paralegal and discussing the program with them, university/college course participation including distance learning, teaching (qualifi es to a maximum of 6 hours/year), acting as an articling principle or mentoring or being mentored or supervising a paralegal fi eld placement (quali-fi es to a maximum of six hours/year), writing or editing books or articles (qualifi es to a maximum of six hours/year), study group participation, and the educational components of any

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to provide quality programs that will count towards a lawyer’s to provide quality programs that will count towards a lawyer’s

New lawyers must complete 12 hours of accredited CPD per New lawyers must complete 12 hours of accredited CPD per year, for the fi rst two years of practice. All programs for new year, for the fi rst two years of practice. All programs for new lawyers must be accredited by LSUC to qualify for their CPD lawyers must be accredited by LSUC to qualify for their CPD hours. New lawyers can begin to accumulate CPD hours as hours. New lawyers can begin to accumulate CPD hours as soon as they are called to the bar, even though their CPD re-soon as they are called to the bar, even though their CPD re-quirement does not commence until January 1st of the year quirement does not commence until January 1st of the year


real-timereal-timegrams (webcast or telephone conference programs are ac-grams (webcast or telephone conference programs are ac-ceptable as long as participants can ask questions and the ceptable as long as participants can ask questions and the speakers/chair can answer them), listening to a program replay speakers/chair can answer them), listening to a program replay with another lawyer/paralegal and discussing the program with another lawyer/paralegal and discussing the program with them, university/college course participation including with them, university/college course participation including distance learning, teaching (qualifi es to a maximum of 6 hours/distance learning, teaching (qualifi es to a maximum of 6 hours/

real-timereal-time pro- pro-grams (webcast or telephone conference programs are ac-grams (webcast or telephone conference programs are ac-ceptable as long as participants can ask questions and the ceptable as long as participants can ask questions and the speakers/chair can answer them), listening to a program replay speakers/chair can answer them), listening to a program replay with another lawyer/paralegal and discussing the program with another lawyer/paralegal and discussing the program with them, university/college course participation including with them, university/college course participation including distance learning, teaching (qualifi es to a maximum of 6 hours/distance learning, teaching (qualifi es to a maximum of 6 hours/year), acting as an articling principle or mentoring or being year), acting as an articling principle or mentoring or being

grams (webcast or telephone conference programs are ac-grams (webcast or telephone conference programs are ac-ceptable as long as participants can ask questions and the ceptable as long as participants can ask questions and the speakers/chair can answer them), listening to a program replay speakers/chair can answer them), listening to a program replay with another lawyer/paralegal and discussing the program with another lawyer/paralegal and discussing the program with them, university/college course participation including with them, university/college course participation including distance learning, teaching (qualifi es to a maximum of 6 hours/distance learning, teaching (qualifi es to a maximum of 6 hours/

3www.oba.org/Institute2011

bar/law association meetings. All of these activities must be on topics which relate to the individual’s practice, which can include the law in other jurisdictions or non-law topics as long as these topics are related to the individual’s practice.

Teaching (which includes speaking at CPD programs) is ac-credited on a 1–3 basis–three hours of CPD are credited for every hour of teaching to refl ect the teacher’s preparation time. The preparation time itself is considered self-study and does not qualify for CPD hours.

It is important to note that to qualify for CPD ethics, profes-sionalism and/or practice management hours, teaching, writ-ing or study group activities must be accredited in advance. Also, writing and editing activities must be law-related, per-formed solely by the person claiming the CPD hours, and not undertaken for the purpose of self-use (i.e. the materi-als produced must be for publication) or for the individual’s professional or personal marketing or business development to qualify for general CPD hours. Teaching or writing activi-ties which are part of the individual’s regular employment or which the individual does full time will not qualify for general CPD hours.

Self-study activities such as reading program materials or listening to a program replay alone do not qualify for CPD hours (although self-study hours must be reported on the in-dividual’s yearly LSUC report).

Lawyers in the 50% or 25% fee-paying category are exempt from the new CPD requirements. In addition, individuals may obtain partial or full exemptions from CPD requirements in circumstances coming within the Human Rights Code or oth-er circumstances as the LSUC deems appropriate.

Reporting of CPD is to be done via the LSUC online member portal. Online reporting can be done at any time, or ongoing as each CPD hour/program is completed, but must be done by December 31st each year. As a member benefi t, OBA members can track their CPD hours online using the CBA professional development website. This is made easy with the tracking tool.

Failure to complete CPD hours or reporting will result in an administrative suspension which will continue until the neces-sary CPD hours are completed and reported. Random CPD audits will be done each year on a certain number of lawyers and paralegals by the LSUC, in the form of a written request for proof of CPD activities.

Susannah B.Roth, O’Sullivan Estate Lawyers

For more information, go to http://rc.lsuc.on.ca/jsp/cpd

This symbol shows you the number of CPD Hours for your OBA program.


Thursday, February 3 | 8:30 am to 9:30 amkeynoTe address

steve paikin

Current affairs icon, accomplished author and award-winning fi lmmaker, Steve Paikin will deliver Institute 2011’s keynote address. Born in Hamilton, Ontario, Steve was educated in both Canada and the U.S., receiving a Bachelor of Arts from the University of Toronto and a Masters of Broad-cast Journalism from Boston University. He began his career as a reporter in private radio, television and print media, and spent several years with CBC Television as a political correspondent and news anchor. Paikin later joined the world’s largest education television network, TV Ontario, host-ing Studio 2 and Diplomatic Immunity; programs specializing in national and international affairs.

In addition to his on-air success, Mr. Paikin has moderated both provincial and federal public electoral debates, penned several books on Canadi-an politics, and produced numerous documentary fi lms. Today, as one of Canada’s most trusted journalists, he is the anchor and senior editor of The Agenda with Steve Paikin, TVO’s fl agship current affairs program.


5:00 pm to 7:00 pm | Thursday, February 3Welcome recepTion and enTerTainmenT

Welcome reception and entertainment – Featuring The second cityThursday, February 3, 5:00 – 7:00 pm Second fl oor main foyer Exhibition area

Appetizers & Bar

This year Institute 2011 is offering something a little different to cap the fi rst day of courses with entertainment from acclaimed comedy troupe The Second City.

You are encouraged to relax, unwind, meet and mingle with your colleagues, speakers and sponsors of Institute 2011.

Participate and enjoy in a one of a kind evening of comedy and laughter where you get an opportunity to take centre stage …

Or simply suggest a subject and let the laughter fl ow from there.

Watch this talented troupe of performers create funny characters, scenes, and songs right on the spot at your request.

You set the agenda then stand back and enjoy the fun. With 25 Practice Sections to choose from there will be no shortage of material for these talented performers. End your day with laughter, a drink and good cheer among friends and colleagues.


insTiTuTe 2011 commiTTee

Janet L. Bomza Bomza Law Group – Immigration Lawyers

Martin Masse Lang Michener LLP – Ottawa

Andrew M. Pinto (Co-Chair)Pinto Wray James LLP

Janice H. Vauthier (Co-Chair)Health Professions Appeal and Review Board

OBA Professional Development

www.oba.org/pd

Preview: 2011 SPring CPd ProgramSYour First Civil Trial (YLd) February 25 (am)

Your First Small Claims Court Trial (YLd) February 25 (pm)

Current issues in Tribunal adjudication March 8

Public Private Partnerships (P3): a Primer Part ii March 28

Commercial agreements (YLd)March 30 (am)

Tax Litigation essentials (YLd) March 30 (pm)

The intersection between Family Law and government March 31

Your First Judicial review (YLd) April 6

mental Health Law in ontario April 12

Corporate governance UpdateApril 27

10th annual employment Law issues April 28

Family Law Fundamentals: Child Support (YLd) May 3

Strategic Legal writing May 6 (am)

Summary Judgment motions May 6 (pm)

will and estate Planning essentials May 10 (am)

Beyond will and estate Planning essentials May 10 (pm)

environmental Law issues May 12

renewable energy Projects for real estate Lawyers May 16

9th annual Pension and Benefits Hot Spots May 17

workplace Safety and insurance Law May 25

mBa Concepts for Lawyers June 1

Human rights Update June 10

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General inFormaTion

course location

All complimentary sessions, programs and reception (except for the Criminal Justice program) will be held on Thursday, February 3 and Friday, February 4, 2011 at The Fairmont Royal York, 100 Front Street West, Toronto. The conference facility is accessible by wheelchair. When you arrive at The Fairmont Royal York, please go directly to the OBA registration desk, which will be located on the Convention Level.

The Criminal Justice program will be held Saturday, February 5 at the OBA Conference Centre, 20 Toronto Street, 2nd Floor, Toronto. The registration desk will be open at 8:15 am.

registration

The registration desk will be open at 7:45 am on February 3 and 7:15 am on February 4 to accommodate those who are at-tending the keynote address and breakfast events. Coffee and muffi ns will be available by 7:45 am. Due to the large number of registrants and programs, please allow at least 20 minutes for registration before the start of your program.

The Fairmont royal york–hotel accommodation

Registrants at the OBA’s Institute may stay at The Fairmont Royal York, 100 Front Street West, Toronto. Our Institute rate is $199 per night, single or double occupancy plus applicable taxes. Please visit https://resweb.passkey.com/go/obainstitute to book your room online now. register early to save $100/night off hotel accommodation.

registration Fee

The registration fee includes keynote address, special events, continental breakfast, lunch, refreshments, and access to the electronic materials for ALL programs.

lunch

February 3 from 1:00 pm to 2:00 pm;February 4 from 12:00 pm to 1:00 pm;February 5 from 12:20 pm–1:20 pmA networking opportunity with sponsors and exhibitors.


General inFormaTion

institute 2011 materials portal

Each CPD program registrant will have access to the mate-rials portal a week prior to Institute. please download the materials for the program you registered for and bring them with you. New materials will be posted on a regular basis and we recommend that you check the portal on a con-tinuous basis prior to your program.

To purchase the hard copy materials for the program(s) you have registered for, there is an additional charge of $50 per binder.

oba registration and refund policy

Registrations must be prepaid and will be processed only with payment. A credit card number must accompany all faxed registrations. Please make cheques payable to “Ontario Bar Association”. Walk-in registrations will be accommodated if space permits and if accompanied by a credit card or cheque. Seating and meal preference, if applicable, will be given to pre-paid registrants. Please note any special dietary require-ments when registering. Special meal requirements received after Monday, January 24, 2011 cannot be guaranteed. Reg-istrations are accepted on a fi rst-come, fi rst-served basis.

Registrations can be cancelled and course fees refunded if the OBA receives notice in writing by monday, January 24, 2011. An administrative fee of $50 plus $6.50 HST will be charged. No refunds will be made if notifi cation is received after the cancellation date. If you are unable to attend on the day of the program, you may send a delegate in your place. If the delegate is not in the same membership category, a surcharge will apply. The OBA reserves the right to cancel or reschedule courses, refuse admission, or change speakers, location or content at any time and without prior notice.

oba bursary program

The OBA Bursary Program provides registration at reduced prices to OBA members in good standing. Members who qualify and wish to participate in the program are required to submit a fully completed application to OBA Professional De-velopment staff. Applicants should indicate their year of call and that their pre-tax income is less than $35,000. For more information, contact Cindy Ng at [email protected].

register online for institute 2011

please visit: www.oba.org/institute2011

Thursday, February 3, 2011 The FairmonT royal york lunch 1:00 pm To 2:00 pm

Full day morning afternoon special events

10 am–1pm 2 pm–5 pm

Alternative Dispute Resolution Environmental Law Opening Keynote Address: Steve Paikin

8:30 am–9:30 am

Business Law Franchise Law Welcome Reception: (The Second City Comedy Event)

5 pm–7 pm

Charity and Not-for-Profit Law Information, Technology and E-Commerce

Construction Law Insolvency Law

Pensions and Benefits Privacy Law

Public Sector Lawyers Trusts and Estates

Real Property

Friday, February 4, 2011 The FairmonT royal york lunch 12:00 pm To 1:00 pm

9 am–12 pm 1 pm–4 pm

Family Law 9 am–5 pm

Aboriginal Law Déjeuner-causerie/ Bilingual Breakfast

7:45 am–8:45 am

Civil Litigation Insurance Law Sole, Small Firm and General Practice Breakfast

7:45 am–8:45 am

Corporate Counsel/Labour and Employment Law

Citizenship and Immigration/ Labour and Employment Law

Young Lawyers’ Division Lunch 12 pm–1 pm

Entertainment, Media and Communications

Municipal Law 9 am–4 pm

Municipal Law (Part 1) Municipal Law (Part 2)

saTurday, February 5, 2011 conFerence cenTre aT The oba lunch 12:20 pm To 1:20 pm

Criminal Justice 9 am–4:45 pm Registration opens at 8:15 am

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Friday, February 4 | 9:00 am to 12:00 pmaboriGinal laW

partnering with First nations: emerging opportunitiesProgram Chairs: Annie M. Thuan, Rueter Scargall Bennett LLP

Jane L. Mulkewich, Barrister and Solicitor - Hamilton

The traditional economies of Aboriginal people (hunting, trapping, fi shing, gathering, growing) have been disrupted, displaced, limited, regulated and litigated since colonial times in Ontario. First Nations communities are increasingly seeking viable forms of economic develop-ment, although some communities may be divided as to what that may be. At the same time, resource developers, businesses and industries are also increasingly seeking partnerships with First Nations communities on projects and joint ventures. With these partnerships, the tool-box and legal framework for supporting such new relationships must also evolve and expand accordingly. Join our speakers in this half-day program and explore emerging opportunities to partner with First Nations; whether it involves on-reserve development, the development of renewable energy projects or the negotiation of agreements relating to resource extraction.

9:00 am Opening Remarks

9:10 am On-Reserve DevelopmentBill Henderson, Barrister and SolicitorRichard J. King, Ogilvy Renault LLP

9:45 am Renewable Energy Projects and Green Energy Act Bernd Christmas, Bernd Christmas Law GroupBrian Iler, Iler Campbell LLPPeter Landmann, Counsel, Legal Services Branch - Ministry of Energy and Infrastructure

10:45 am Break

11:00 am Negotiating Impact Benefi t Agreements with First Nations Sandra A. Gogal, Miller Thomson LLPN. Kate Kempton, Olthius Kleer Townshend LLPJesse C. McCormick, Olthius Kleer Townshend LLP

11:45 am Questions

12:00 pm Program Concludes

Included in the program materials is an Aboriginal Law Update paper, with a particular emphasis on First Nations economic development, by Mark Crow, Ministry of Attorney General.

3 Total CPD Hours0 Professionalism Hours0 New Member Hours


10:00 am to 1:00 pm | Thursday, February 3alTernaTiVe dispuTe resoluTion

re-engineering and building your adr practiceProgram Chairs: Deborah C. Anschell, ADR Chambers

James A.S. Dunbar, Global ResolutionsKathleen J. Kelly, Arbitrator, Mediator, Lawyer

Using the past to meet the future is an important, timely, and under-utilized preoccupation of both new and established ADR neutrals wish-ing to take their practice to a higher level or different direction. At this interactive session, hear a group of successful ADR practitioners speak on how to break into the fi eld, grow your practice and thrive in the fi eld, and use your ADR background, reputation, and skills to take your ADR practice in a completely new direction.


10:10 am Niche DirectionEva E. Marszewski, Founder and Executive Director, Peacebuilders International (Canada)Barry B. Fisher, Barry B. Fisher, Barrister, Arbitrator & MediatorAlfred A. Mamo, McKenzie, Lake, Lawyers LLP - LondonDelee Fromm, Fromm & Goodhand, Faculty, Osgoode Professional Development - Oakville

11:00 am Break

11:20 am Judicial DirectionAs a Judge - The Honourable Mr. Justice David Price, Superior Court of Justice - BramptonAs a Master - Master Linda S. Abrams, Superior Court of Justice-Offi ce of the MastersAs a Deputy Judge - Deborah C. Anschell, Toronto Small Claims Court

12:10 pm Quasi-Judicial DirectionDr. Lilian Ma, Chair, Landlord and Tenant Board, Ontario Kathleen J. Kelly, Vice-Chair, (part-time), Workplace Safety and Insurance Tribunal (WSIAT)Stuart Mutch, Immigration and Refugee Board, Member, Refugee Protection DivisionBernard S. Morrow, Adjudicator, Information and Privacy Commissioner/Ontario




Thursday, February 3 | 10:00 am to 1:00 pmbusiness laW

current hot Topics in corporate lawProgram Chairs: Lydia Salvi, Baker & McKenzie LLP

Frank Spizzirri, Baker & McKenzie LLP

In today’s fl uid environment, it is important for corporate/commercial practitioners in Ontario and across Canada to keep apprised of changes. This business law update is critical to staying on top of current trends and changes and will include a review of developments in securities, intellectual property, pension, insolvency and leasing law.


10:05 am The State of Securities Regulatory Intervention in Rights Plan and the Just Say No DefenceRobert O. Hansen, McCarthy Tétrault LLP

10:40 am The Credit Crunch Aftermath–How the Leasing Industry Has ChangedJonathan E. Fleisher, Cassels Brock & Blackwell LLP

11:10 am Essential Updates on Key Pension Legislation and Other Developments in Pension LawKim Ozubko, McCarthy Tétrault LLP

11:45 am Break

11:55 am Copyright ReformRavi Shukla, Lang Michener LLP

12:25 pm Distressed Mergers and Acquisitions–Strategic OpportunitiesLydia Salvi, Baker & McKenzie LLP Frank Spizzirri, Baker & McKenzie LLP




10:00 am to 1:00 pm | Thursday, February 3chariTy and noT-For-proFiT laW

corporate changes and avoiding charity compliance problemsProgram Chairs: Mark Blumberg, Blumberg Segal LLP

Barbro Stalbecker-Pountney, Barrister & Solicitor

This program will focus on two important developments affecting non-profi ts and charities. First, on the federal level and in Ontario there have been dramatic changes to corporate non-profi t law with the introduction of two new corporate acts. This will affect all non-profi ts and charities incorporated federally and in Ontario. Second, legal issues involving charity tax shelters have resulted in three class action lawsuits against law fi rms, approximately 160,000 Canadians have been audited and many charities have been revoked. Legal advisors interested in charities or advising clients on planned giving should understand major Canada Revenue Agency compliance issues, such as what is a “gift” and appropriate receipting practices. Lawyers and those responsible for risk management in law fi rms should also understand the scope, impact and potential liability of providing legal opinions about tax shelter investments involving charities.


10:05 am Ontario’s New Not-for-Profi t Corporations Act: Bringing Ontario’s Legislation into theTwenty-fi rst CenturyAllen Doppelt, Senior Counsel, Legal Services Branch, Ministry of Consumer Services

10:45 am Canada Not-for-Profi t Corporations Act:How Do I Get There From Here?Coleen Kirby, Corporations Canada Industry Canada - Ottawa

11:25 am Break

11:35 am Canada Revenue Agency: Major Non-Compliance IssuesDanie Huppé-Cranford, Director, Compliance Division, Charities Directorate, Canada Revenue Agency–Ottawa

12:05 pm Receipting 101: Top Receipting Concerns for Canadian Registered Charities Mark Blumberg, Blumberg Segal LLP

12:30 pm Dangerous Opinions: Legal and Ethical Issues With Legal Opinions on Charity Law and the Income Tax Act David Thompson, Scarfone Hawkins LLP - Hamilton


3 Total CPD Hours0.5 Professionalism Hours0 New Member Hours

This program has been accredited by the Law Society for 0.5 hour(s) toward the annual Professionalism Requirement.This program has been accredited by the Law Society for 0 hour(s) toward the annual New Member Requirement..


Friday, February 4 | 1:00 pm to 4:00 pmciTiZenship and immiGraTion/labour & employmenT laW

“Global employees” Where immigration and employment law collideProgram Chairs: Jacqueline R. Bart, Baker & McKenzie LLP

Nancy M. Shapiro, Koskie Minsky LLP

As businesses globalize, immigration issues become increasingly relevant to employment law. International transfers (into or out of Canada) are conditional on immigration compliance and the security and protection of the domestic labour market. Immigration legislation punishes employers for violating immigration laws and additional punitive measures are being introduced by the government. The burden of proving compliance and administration is being shifted from the government to companies. Enforcement is growing and extending to site inspec-tions, preventing the entry of employees at border crossings, tightening work permit requirements and the advent of employer monitoring programs. This program is essential and not to be missed!

1:00 pm Opening Remarks

1:05 pm Inbound Compliance Obligations–International Transfers To CanadaNaseem Malik, McCarthy Tétrault LLPGabriela Ramo, Greenberg Turner

2:00 pm Break

2:40 pm Structuring Employment Agreements in International RelocationsNatalie C. MacDonald, Grosman, Grosman & Gale LLPYusra Siddiquee, Ogilvy Renault LLP

3:00 pm Break

3:10 pm Outbound Transfers: Employment and Immigration IssuesJonathan E. Leebosh, Egan LLP Jeffrey E. Goodman, Heenan Blaikie LLPLaura J. Danielson, Fredrikson & Byron, P.A. - Minneapolis, MNLaura Devine, Laura Devine Solicitors - London (UK)




9:00 am to 12:00 pm | Friday, February 4ciVil liTiGaTion

The new rules: one year onProgram Chairs: Christopher J. Jaglowitz, Gardiner Miller Arnold LLP

Colin Stevenson, Stevensons LLP

What has been the effect of the signifi cant amendments to the Ontario Rules of Civil Procedure which were implemented January 1, 2010? Learn about the impact of these rule changes in practice. Consider new strategies and tactics which can assist you to present your clients in their best light. Attend this program and receive tips, strategies and precedents to help you serve your clients and expand your own practice.


9:05 am Small Claims at $25,000–Simplifi ed Procedureat $100,000Tiffany Soucy, Fraser Miller Casgrain LLP

9:45 am Discovery Plans and the New Standard of RelevanceJames J. Mays, Siskinds LLP

10:15 am Break

10:30 am The New Summary Judgment: How Is It Working? How To Make It Work For YouRobert J. van Kessel, Lawrence, Lawrence, Stevenson LLP - Brampton

11:15 am Judicial Views on the Signifi cant Rule Changes, Including Summary Judgment, Discovery Plans and Experts Moderator:Colin Stevenson, Stevensons LLPPanel: The Honourable Madam Justice Carolyn J. Horkins, Superior Court of JusticeMaster Benjamin T. Glustein, Superior Court of Justice-Offi ce of the Masters




Thursday, February 3 | 10:00 am to 1:00 pmconsTrucTion laW

Current Events in Construction Law Program Chairs: Brendan D. Bowles, Glaholt LLP

Janice L. Quigg, Eccleston LLP

This half-day program is designed for lawyers who represent construction industry clients at any stage of a project or in litigation. Five lead-ing practitioners and a Toronto Master will guide you through current events that will impact your practice. Topics will include: litigating the lien and trust remedies; how to avoid common mistakes in the practice of construction law and what to do when the unfortunate occurs; lessons for a Post-Tercon world; proposed legislative amendments to the Construction Lien Act and the legal challenges presented by the technological innovation of Building Information Modelling (“BIM”).

Don’t miss this chance to stay current so that you can represent your construction industry clients effectively.


10:05 am Litigating a Lien Action–A View from the BenchMaster Carol A. Albert, Superior Court of Justice-Offi ce of the Masters

10:30 am Litigating a Trust Action–What You Need to KnowJanice L. Quigg, Eccleston LLP

10:55 am Common Errors in Construction Litigation–Best Practices to Avoid Them and What to Do When They OccurAndrew J. Heal, Blaney McMurtry LLP

11:20 am Break

11:35 am Technology UpdateMarcia J. Oliver, Purser Dooley Cockburn Smith LLP – Huntsville

12:00 pm Legislative Update–Proposed Amendments to the Construction Lien ActGlenn W. Ackerley, WeirFoulds LLP

12:25 pm Bidding and Tendering Update–Lessons for a Post-Tercon WorldGeza R. Banfai, Heenan Blaikie LLP

12:55 pm Concluding Remarks




9:00 am to 12:00 pm | Friday, February 4corporaTe counsel/labour and employmenT laW

effectively managing employment law issues: how corporate and external counsel can Work Together for best resultsProgram Chairs: Larry Swartz, Morneau Sobeco

Stephen Rotstein, Financial Planning Standards CouncilStuart Rudner, Miller Thomson LLP

This program will help corporate counsel effectively manage the employment law issues they face daily as well as help employment lawyers better understand their clients’ challenges. Learn how counsel can avoid common employment law pitfalls, better manage disputes and litigation, and address workplace safety concerns in the context of recent and substantial changes to the Occupational Health and Safety Act. Employment law practitioners will hear directly from in-house counsel on how to become indispensable to their clients, in turn, in-house counsel will learn how to maximize value and minimize costs when retaining external employment law counsel.


9:05 am Managing Day-to-Day Employment Law IssuesAntoinette Bozac, Vice President, Human Resources & Legal Affairs and General Counsel, Canada Lands Company Madeleine L.S. Loewenberg, Ogilvy Renault LLP

9:45 am Ethics and Conduct in the WorkplaceGregory H. Sayer, Agricorp - GuelphDaniel J. McKeown, Miller Thomson LLP - Waterloo

10:20 am Break

10:35 am Managing Workplace ViolenceRobert J. Cooper, Senior Counsel, CIBC LegalJohn P. McGowan, Cassels Brock & Blackwell LLP

11:10 am Managing Employment Disputes and Litigation Sean E. Kearney, Blumberg Segal LLPPeter K. Hrastovec, Barrister and Solicitor - WindsorJules B. Bloch, Jules B. Bloch Mediation/Arbitration Inc.





Saturday, February 5 | 9:00 am to 4:45 pm Conference Centre at the OBAcriminal JusTice

7, 8, 9: Stop, Search and Silence Program Chairs: Suhail A.Q. Akhtar, Assistant Crown Attorney, Ministry of the Attorney General for Ontario

Scott Bergman, Cooper & Sandler LLPLesley E. Pasquino, Assistant Crown Attorney, Ministry of the Attorney General for Ontario - Scarborough

Police powers and the role of the State in obtaining evidence may well have undergone a sea change in the last 18 months with the release of several signifi cant Supreme Court of Canada decisions. How does the landscape look on the powers of arrest, the scope of searches and the methods of questioning an accused? What are the best ways to attack or defend a search warrant? What really constitutes “arbitrary arrest and detention”? How far can the police go in questioning an accused? What evidentiary record should be created in a section 7/8/9 Charter motion? Have the decisions in Suberu, Grant, Harrison and Singh actually changed anything? And if so, how? Join us and an array of experienced judges and lawyers in a practical program comprised of a mixture of panels, demonstrations and written materials.


9:05 am Confi dential Informants and Judicial Authorizations to Intercept CommunicationsRobert Hubbard, Crown Law Offi ce (Criminal), Ministry of the Attorney General for OntarioJoseph DiLuca, Copeland, Davies LLP

9:50 am Right to Silence and Right to CounselThe Honourable Mr. Justice Michael R. Dambrot, Superior Court of JusticeAnn Morgan, Crown Law Offi ce (Criminal), Ministry of the Attorney General for OntarioDavid M. Humphrey, Greenspan, Humphrey Lavine

10:35 am Break

10:50 am Arrest and Search Incident ArrestThe Honourable Mr. Justice Ian MacDonnell, Superior Court of JusticeJennifer Woollcombe, Crown Law Offi ce (Criminal), Ministry of the Attorney General for OntarioDavid Rose, Neuberger Rose LLP

11:35 am Reasonable and Probable Grounds, Proof of PossessionThe Honourable Justice Timothy Lipson,Ontario Court of JusticeBrian P. McGuire, Assistant Crown Attorney, Peel Crown Attorney’s Offi ceJohn S. Struthers, Struthers and Associates

6.5 Total CPD Hours0 Professionalism Hours0 New Member Hours


Criminal Justice continued...

12:20 pm Lunch

1:20 pm Stop, Search and Seizure: What Now?The Honourable Michael J. Moldaver, Court of Appeal for OntarioThe Honourable David H. Doherty, Court of Appeal for OntarioMichal Fairburn, Crown Law Offi ce (Criminal), Ministry of the Attorney General for OntarioScott C. Hutchison, Stockwoods LLP

2:20 pm Trial Tactics and StrategyThe Honourable Mr. Justice John B. McMahon,Superior Court of JusticeDonna M. Armstrong, Crown Attorney’s Offi ce, North YorkFrank Addario, Sack Goldblatt Mitchell LLP

3:05 pm Break

3:15 pm Demonstration: How to Cross-Examine an Accused in a Section 7, 8, 9 MotionLaura Bird, Crown Attorney’s Offi ce Etobicoke

4:00 pm Demonstration: How to Cross-Examine a Police Offi cer in a Section 7, 8, 9 MotionLiam O’Connor, Rusonik, O’Connor, Ross, Gorham & Angelini LLP



Friday, February 4 | 9:00 am to 12:00 pmenTerTainmenT, media and communicaTions

Entertainment and Media Law: Keeping Current, Moving Forward Program Chairs: Jeanette Lee, Stohn Hay Cafazzo Dembroski Richmond LLP

Brian Wynn, Gardiner Roberts LLP

Entertainment and media law practices shift with new tensions and capabilities in traditional and interactive markets, and evolving views on intellectual property rights, freedom of expression and user behaviour.

This half-day program will provide you with substantive updates on recent case law as well as practical guidance on professionalism and risk management issues. This program will be of interest to private practitioners, in-house counsel and business affairs professionals in the industry, as well as practitioners from other areas who wish to stay current on entertainment and media law issues.

9:00 am Media Law: From Defamation 101 to Defamation 2.0, The Online FrontierIain A. C. MacKinnon, Chitiz Pathak LLPAndrew Bernstein,Torys LLP

10:05 am Break

10:20 am Canadian and US Case Updates for Entertainment Law: The Year in ReviewBrian Wynn, Gardiner Roberts LLPJuliet D. W. Smith, Fraser Milner Casgrain LLP - Vancouver

11:10 am Chasing Paper: Professional Responsibility Issues for Entertainment and Media PracticesDan Pinnington, Director, practicePRO, LawPROEugene Cipparone, Goodmans LLP



This program has been accredited by the Law Society for 1 hour(s) toward the annual Professionalism Requirement.This program has been accredited by the Law Society for 3 hour(s) toward the annual New Member Requirement..


2:00 pm to 5:00 pm | Thurday, February 3enVironmenTal laW

air, soil and Waste issues–a year of many changes put into contextProgram Chair: Janet Bobechko, Blaney McMurtry LLP

In the past 18 months, Canadian regulators have unveiled more environmental regulation than in the previous 18 years. Ontario is fac-ing a plethora of new federal, provincial and municipal environmental law initiatives, including those addressing greenhouse gases, toxic substances, air emissions, renewable energy, contaminated land, species at risk, and approvals and enforcement reform. This half-day pro-gram will alert you to the most signifi cant recent changes in environmental law. Our speakers will share their practical insights regarding these changes. This program is essential for public and private sector lawyers including those who practice environmental law occasionally or full-time.


2:05 pm LandTamara Farber, Miller Thomson LLP

2:45 pm AirTracy Hodges, Golder Associates Ltd.Laura Zizzo, Zizzo Allan Climate Law LLP

3:00 pm WasteJoseph Castrilli, Canadian Environmental Law AssociationJohn R. Tidball, Miller Thomson LLP - Markham

3:30 pm Break

3:45 pm Species at Risk Kristine Bittermann, Legal Services Branch, Ontario Ministry of Natural Resources

4:05 pm Developments Regarding ApprovalsMaureen Carter - Whitney, Canadian Institute for Environmental Law and PolicyRosalind H. Cooper, Fasken Martineau DuMoulin LLP

4:35 pm Federal EnforcementssLinda Tingley, Department of Justice - Environment Canada Legal Services – Gatineau, QC

4:55 pm Closing Remarks




Friday, February 4 | 9:00 am to 5:00 pmFamily laW

Family Law Boot Camp: Kicking It Up A NotchProgram Chairs: Kelly D. Jordan, Jordan Battista LLP

Jacqueline Mills, Barrister & Solicitor

The 2011 Annual OBA Institute in family law will focus on strengthening our collective muscles, pumping up our biceps, stretching our ham-strings and delving deeply into current family law issues. In the morning, we will have the infamous “Year in Review” followed by Dr. Garber, a well known psychologist from New Hampshire who has spoken at a number of international conferences including the Canadian National Justice Institute and who has published extensively on children’s issues in family law. Dr. Garber will set the stage for the panel discussion on “The Voice of the Child”. This is an issue that is changing rapidly in many jurisdictions due to new social science literature and judicial attitudes.

The afternoon program will focus on select issues in property, spousal support and child support, followed by the “Top Ten Mistakes” being made in family law and will conclude with a panel on dealing with challenging counsel and judges.


9:05 am Year in ReviewPhilip M. Epstein, QC, LSM, Epstein Cole LLP

9:40 am The Voice of the ChildDr. Benjamin Garber, Ph.D. - New Hampshire, USA

10:10 am The Voice of the ChildPanel Discussion:Martha McCarthy, Martha McCarthy and Co.The Honourable Mr. Justice George Czutrin,Ontario Superior Court of Justice Dr. Benjamin Garber, Ph.D. - New Hampshire, USA

Dr. Rachel Birnbaum,Associate Professor, University of Western Ontario - LondonAlfred A. Mamo, Mackenzie Lake Lawyers LLP - LondonDouglas J. Manning, Burgar Rowe Professional Corporation - Barrie

10:30 am Break

10:45 am The Voice of the Child (continued)

11:30 am Family Law–Torts and Mental HealthGeorgina L. Carson, MacDonald & Partners LLPMarilynne P. Glick, Offi ce of the Public Guardian and Trustee

12:00 pm Lunch



Family Law continued...

1:00 pm Family Law–Estates and Trusts, Immigration Debra L. Stephens, Jan Goddard and Associates Michael Battista, Jordan Battista LLP

1:30 pm Property IssuesRobert M. Halpern, Torkin Manes LLP

2:00 pm Spousal Support IssuesNicole Tellier, Nicole Tellier, Barristers & SolicitorsMelanie Sager, Barrister & Solicitor

2:45 pm Break

3:00 pm Child Support IssuesAaron M. Franks, Epstein Cole LLP

3:45 pm Top 10 Mistakes in Family Law Daniel S. Melamed, Torkin Manes LLP

4:15 pm Dealing with Challenging Counsel and JudgesThe Honourable Justice Carole Curtis, Ontario Court of JusticeCheryl Goldhart, Goldhart & Associates




Thursday, February 3 | 2:00 pm to 5:00 pmFranchise laW

Franchise Law Primer: A Practical RoadmapProgram Chairs: Joseph Adler, Hoffer Adler LLP

Peter Viitre, Blake, Cassels & Graydon LLP

As the use and regulation of franchising as a business model continues to expand, it is becoming increasingly important for the general practitioner to be able to recognize what is (or what might be) a franchise and to understand its fundamental principles and regulatory re-quirements. This session is intended to give lawyers who do not regularly practise in the area the necessary framework to identify, analyze and resolve basic franchise issues in order to advise both franchisor and franchisee clients.


2:05 pm What is Franchising and Why Should You Care?Andraya Frith, Osler, Hoskin & Harcourt LLPSteven Goldman, Goldman Hine LLP

2:45 pm Getting to Know the Wishart ActDarrell Jarvis, Fasken Martineau DuMoulin LLPLawrence Weinberg, Cassels Brock & Blackwell LLP

3:30 pm Break

3:40 pm Advising the FranchiseeAllan Dick, Sotos LLPDaniel So, McKenzie Lake LLP - London

4:10 pm Leading Franchise Case Law and Current Trends Susan Friedman, Davis LLPJeffrey Hoffman, Gowling Lafl eur Henderson LLP





2:00 pm to 5:00 pm | Thursday, February 3inFormaTion, TechnoloGy and e-commerce laW

What every lawyer should know about Technology contractsProgram Chair: Eric Boehm, Torys LLP

Every company relies on technology. From time to time, every commercial lawyer will be called upon by their clients or employers to re-view and negotiate contracts for hardware, software and technology services and to respond to general questions about the impact of the Internet and e-commerce on their business. Often, counsel are provided standard-form agreements from vendors and are not sure where to begin spotting issues and making changes. This half-day program will provide an overview for generalist and in-house lawyers with the resources and basic knowledge to review, negotiate and draft technology-related contracts.


2:05 pm Reviewing the Basic Software or Services AgreementElisabeth Symons, Miller Thomson LLPRobert L. Percival, Ogilvy Renault LLP

3:15 pm Break

3:30 pm Advanced Issues in Technology ContractsDuncan C. Card, Bennett Jones LLP

4:00 pm Reviewing More SophisticatedTechnology Agreements Eric Boehm, Torys LLP

4:30 pm Technology Law Legislative Framework and New DevelopmentsDonald B. Johnston, Aird & Berlis LLP




Thursday, February 3 | 2:00 pm to 5:00 pminsolVency laW

Developments in Insolvency and Restructuring Law and PracticeOver the Past Year and Emerging TrendsProgram Chairs: Tushara Weerasooriya, McMillan LLP

Massimo (Max) Starnino, Paliare Roland Rosenberg Rothstein LLP

The 2009 amendments to the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act (“CCAA”) were the most comprehensive amendments to the BIA and the CCAA in almost twenty years. Just over one year after the amendments came into force, as we emerge from the “Great Recession”, we are beginning to see their impact, together with other notable developments in insol-vency law. Join us at this year’s Insolvency Section’s Institute program to hear experienced counsel review the key developments in insol-vency law and practice over the past year, and to discuss emerging trends.


2:05 pm Case Law UpdateStuart Brotman, Fasken Martineau DuMoulin LLP

2:40 pm Lessons Learned: Practical Strategies for Dealing with Employee Claims in Restructuring ProceedingsLily I. Harmer, Paliare Roland Rosenberg Rothstein LLPAllan Nackan, Partner, Corporate Insolvency & Restructuring, Farber Financial Group

3:10 pm Break

3:20 pm Revival of the Consumer ProposalPhilip H. Gennis, Grant Thornton LimitedSanjeev Mitra, Aird & Berlis LLP

3:50 pm The Use of Releases in Insolvency Proceedings: Have We Cast the Net Too Wide?Adam C. Maerov, McMillan LLP

4:25 pm Developments in Asset Sales and Sales Processes: Interpreting the AmendmentsMilly Chow, Blake, Cassels & Graydon LLP




1:00 pm to 4:00 pm | Friday, February 4insurance laW

property claims: a primerProgram Chairs: Aleksandra Zivanovic, McCague Borlack LLP

Robert C. McGlashan, Genest Murray LLP

Property claims are complex when retained on a fi rst party claim or when launching subrogated action. This half-day program will provide practical guidance to both counsel and decision-makers on how to meet the challenges of responding to fi rst party claims as well as key considerations when commencing a subrogated action. Receive expert advice on the key issues surrounding fi rst party claims as well as key concerns in the area of subrogation such as limitation periods; responding to environmental losses; preservation of evidence; and how to advance an insurer’s case. Our panel will discuss issues in adjusting large claims; retaining and delivering expert evidence and using expert testimony in a property damage trial; resources and basic knowledge to review, negotiate and draft technology-related contracts.


1:05 pm Interpretation Rules and Policy TriggerJohn L.B. Lloyd, Lloyd Burns LLP

1:30 pm Limits of Liability and Excluded Perils Robert J. Clayton, Genest Murray LLP

1:50 pm Environmental Losses Gabrielle K. Kramer, Bordner Ladner Gervais LLP

2:15 pm Break

2:30 pm Assessing Damages: A PrimerJerome R. Morse, Adair Morse LLP

2:55 pm Business Interruption LossJamie K. Trimble, Hughes Amys LLP - Hamilton

3:20 pm Adjusting Large Claims and Preservation/Spoliation of EvidenceModerator:Aleksandra Zivanovic, McCague Borlack LLPPanel Discussion:James Phin, Wawanesa Mutual Insurance CompanyRon Koerth, Giffi n Koerth

3:50 pm Question Period




Friday, February 4 | 9:00 am to 4:00 pmmunicipal laW

Hot Topics in Municipal and Planning Law: What Have You Been Missing?Program Chairs: Jason Park, Fraser Milner Casgrain LLP

Colin Grant, City Solicitor, City of BramptonBarnet H. Kussner, WeirFoulds LLP

Whether you act as counsel for landowners, developers or municipalities, you must keep up to date in the ever evolving area of municipal and planning law. This program will not only examine the current state of the law in these areas but will also discuss new regulatory chal-lenges your clients will face down the road.

Municipal Progam

9:00 am Introductory Remarks

9:05 am Update on the City of Toronto Act, 2006 andthe Municipal ActAnna Kinastowski, City Solicitor, City of TorontoMary Ellen Bench, City Solicitor, City of Mississauga

9:40 am Sign By-lawsChristopher J. Williams, Aird & Berlis LLP

10:00 am Alternative Construction Delivery Modelsfor MunicipalitiesGlenn W. Ackerley, WeirFoulds LLP

10:25 am Break

10:40 am The Effectiveness of Municipal Administrative Penalty Systems as an Enforcement Alternative David J. Potts, City Solicitor, City of Oshawa

11:05 am Municipalities and Solicitor Client PrivilegeDenise Baker, Town of Oakville

11:30 am Municipal Case Law UpdateJohn Mascarin, Aird & Berlis LLP

12:00 pm Lunch

Planning Progam

1:00 pm Introductory Remarks

1:05 pm Growth Plan ConformityBarnet H. Kussner, WeirFoulds LLPScott Snider, Turkstra Mazza Associates - Hamilton

3 Total CPD Hours (for each half day)0 Professionalism Hours0 New Member Hours


Municipal Law continued...

1:35 pm Harmonization of Zoning By-lawsDavid Bronskill, Goodmans LLPPaul Demelo, Kagan Shastri LLP

2:00 pm New Endangered Species ActCatherine Lyons, Goodmans LLPChris Maher, Nature Conservancy

2:20 pm Break

2:35 pm Energy Projects and Land Use PlanningGerald S. Swinkin, Blake, Cassels & Graydon LLP

3:05 pm Funding Municipal InfrastructureKimberley L. Beckman, Davies Howe PartnersDebra Arnold, Regional Solicitor & Director of Legal Services, The Regional Municipality of Waterloo

3:30 pm Planning Case Law UpdateChris M. Barnett, Davis LLP



Thursday, February 3 | 10:00 am to 1:00 pmpensions and beneFiTs

Pensions and Benefi ts: Navigating Through a Sea of ChangeProgram Chairs: Tejash (T.J.) Modi, Morneau Sobeco

Danelle Parkinson, Ontario Pension Board

The past year has seen the approval of four major pieces of pension reform legislation. This has signifi cantly impacted not only the practice of pension law, but labour and employment, insolvency, and family law. This half-day program will provide practical guidance on how to navigate through the reforms and direct your clients through the implications. This program includes an exploration of competing interests within the context of the key challenges posed by pension plans on insolvency and restructuring, and a discussion of hot topics in benefi ts.


10:05 am Ontario and Federal Pension Reform– A Year in ReviewAndrea Boctor, Stikeman Elliott LLPScott A. Bomhof, Torys LLP Susan Philpott, Koskie Minsky LLP

10:45 am Hot Topics in Benefi tsAnthony Devir, Osler, Hoskin & Harcourt LLP

11:05 am Break

11:20 am Insolvencies, Restructurings and Pensions Plans – A Discussion of Competing InterestsLarry Swartz, Morneau Sobeco D.J. Miller, Thornton Grout Finnigan LLP Alex L. MacFarlane, Fraser Milner Casgrain LLP Amanda Darrach, Cavalluzzo Hayes Shilton McIntyre & Cornish LLP

12:20 pm The Family Law Amendment Act and Plan Administration Challenges Lisa J. Mills, Hicks Morley Hamilton Stewart Storie LLP - OttawaAnne Slivinskas, Ontario Teachers’ Pension Plan Board

12:50 pm Concluding Remarks




2:00 pm to 5:00 pm | Thursday, February 3priVacy laW

not in my house! Fulfi lling your privacy mandateProgram Chairs: Sara Azargive, Cancer Care Ontario

K. Paige Backman, Aird & Berlis LLPHoward Simkevitz, Bell Canada

Managing privacy presents administrative and legal challenges which may have a signifi cant impact on day-to-day operations. This session will provide practical advice for practitioners about how to achieve business objectives while fostering a culture of privacy in multi-stake-holder environments.


2:05 pm Privacy Legislative UpdateAndy Kaplan-Myrth, Policy Advisor, Electronic Commerce Branch, Industry Canada

2:40 pm Regulator Decisions and Guidance UpdateAdam Kardash, Heenan Blaikie LLP

3:20 pm Break

3:30 pm Incident Response K. Paige Backman, Aird & Berlis LLPRobin Gould-Soil, Offi ce of the Privacy Commissionerof CanadaPamela C. Spencer, Cancer Care Ontario

4:25 pm Privacy in the WorkplaceDaniel J. Michaluk, Hicks Morley Hamilton Stewart Storie LLP





Thursday, February 3 | 10:00 am to 1:00 pmpublic secTor laWyers

Public Private Partnerships (P3) What You Need to Know - A PrimerProgram Chairs: Mary Ellen Bench, City Solicitor, City of Mississauga

Lou Milrad, Miller Thomson LLP

More and more governmental organizations and associated agencies are looking to the private sector to support and fi nance infrastructure, transportation, technology, and growth initiatives. Undoubtedly, this leads to complexities in structuring the legal and business frame-work. This course, available in two parts, is designed to provide a comprehensive introduction – attendees will gain critical insights into the decision-making process; what to expect in structuring the deal and associated fi nancings; unravelling the complexities involved; and the multi-disciplinary approach to a successful P3.


10:10 am Introduction: P3 as a Creative Mechanism for Meeting Infrastructure NeedsCynthia Robertson, Executive Director, The Canadian Council for Public Private Partnerships (CCPPP)

11:10 am Case Study: PPP Elements of Union Station RevitalisationModerator: Anna Kinastowski, City Solicitor, City of TorontoPanel:Chuck Donohue, Executive Director, Facilities Management, City of TorontoD. Robert Beaumont, Osler, Hoskin & Harcourt LLP

11:50 am Break

12:05 pm Expert Panel: PPP, Legal Characteristics and IssuesModerator: David J. McFadden, QC, Gowling Lafl eur Henderson LLPPanel:Mark W. S. Bain, Torys LLPCarol D. Pennycook, Davies Ward Phillips & Vineberg LLPMichael Ledgett, Heenan Blaikie LLP



Note: This Institute program is Part I of a two part program on Public Private Partnerships. Part II will be offered on March 28, 2011.



10:00 am to 1:00 pm | Thursday, February 3real properTy

negotiating the offerProgram Chairs: Lori Swartz, LawPRO

Jeffrey J. Schwartz, Schwartz & Schwartz

It is imperative for counsel representing purchasers, sellers, and fi nancial institutions in real estate transactions to be updated each year of recent developments in this fi eld of practice, and to keep abreast of new trends and best practices. This year’s Real Property‘s Institute pro-gram will focus on the intricacies of negotiating on the offer from a review of key provisions in a number of standard agreements to claims that can arise from defective agreements of purchase and sale and what you can do to avoid them.


10:05 am Overview of Ontario Real Estate Association (OREA) Forms and Possible ChangesLouis Radomsky, Barrister & Solicitor

10:35 am Standard Resale Agreement Tom Baulke, Baulke Augaitis Stahr LLP–Collingwood

11:05 am Standard Condo Agreement Deborah A. Bellinger, Nelligan O’Brien Payne–Ottawa

11:30 am Break

11:40 am Standard Recreational Property Agreement Bradley N. McLellan, WeirFoulds LLP

12:00 pm HSTSteven I. Pearlstein, Minden Gross LLP

12:15 pm Claims Arising From Problems with the Agreement of Purchase and SaleLawPRO Representative

12:30 pm Seller Property Information StatementBob Aaron, Aaron & Aaron



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Thursday, February 3 | 2:00 pm to 5:00 pmTrusTs & esTaTes laW

Brave New World: Building a Thriving Trusts and Estates Practice in the 21st CenturyProgram Chairs: Susan J. Stamm, Offi ce of The Children’s Lawyer

Melanie A. Yach, Aird & Berlis LLP

There are many changes facing today’s trusts and estates lawyers. From new legislation and case law affecting estate planning, to social media and new marketing opportunities and challenges, to new approaches to damages and costs in estate litigation, to new ways of solv-ing disputes, our practice is changing. This program provides a wide range of topics for the modern estate practitioner to stay current in the face of changes to estates and trusts practice in the 21st Century.


2:05 pm Planning for Disabled Benefi ciaries: How Recent Legislative Amendments have Changed Estate PlanningNimali D. Gamage, Jan Goddard & Associates

2:25 pm The Role of Social Media in Marketing an Estates and Trusts PracticeSuzana Popovic-Montag, Hull & Hull LLPTerry Fallis, Thornley Fallis Communications

2:45 pm The Impact of Divorce, Remarriage and Common Law Relationships on Estate PlanningDaniel S. Melamed, Torkin Manes LLP

3:05 pm Break

3:20 pm The Legacy of Hare versus Hare: Limitation Periods and Promissory NotesEd Esposto, Blaney McMurtry LLP

3:40 pm Damages for Mismanaging Trust InvestmentsSean Lawler, Shibley Righton LLP

4:00 pm The Role of Collaborative Law in Resolving Estate DisputesClare E. Burns, WeirFoulds LLP

4:20 pm Recent Cost Decisions in Estate LitigationPanel:Justin de Vries, de Vries Litigation Kimberly A. Whaley, Whaley Estate LitigationJane E. Martin, Eisen Graham





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special eVenTs

Governing yourself accordingly: protecting your Workplace from conduct unbecoming

Program Chair: Joe McCallum, Heelis Williams, Little & Almas LLP

Speakers: Corina A. Bachman, Bachmann Personal Injury Law Professional CorporationAaron Grinhaus, Danson | Schwarz | Recht LLP

We are all aware that the amount of time and effort required to manage and maintain an effi cient and professional offi ce and create a respectful workplace environment is continually on the rise. Please join the Sole, Small Firm and General Practice Section for a breakfast presentation to discuss some practical considerations involved in running your offi ce. Our speakers will offer suggestions about best practices for hiring and training employees, guarding against and reacting to allegations of sexual harassment or discrimination, and the importance of employment agreements for staff and associates alike.

sole, small Firm and General pracTice breakFasT Friday, February 4 | 7:45 am to 8:45 am

dÉJeuner-causerie/bilinGual breakFasT Friday, February 4 | 7:45 am to 8:45 am

Champion de la promotion des langues offi cielles du Canada, l’honorable Michel Bastarache, ancien juge de la Cour suprême du Canada, partagera ses réfl exions avec les participants au déjeuner-causerie de l’Institut annuel.

A champion in the advancement and promotion of Canada’s offi cial languages, the Honorable Michel Bastarache, former Justice of the Su-preme Court of Canada, will share his thoughts with participants at Institute’s Bilingual Breakfast.




special eVenTs

build your brand, build your practiceProgram Chairs: John Lea, Reisler Franklin LLP

Sandra MacKenzie, Moodie Mair Walker LLP

Speaker: Hugh MacPhie, MacPhie & Company

From products to people, everything has a brand. Increasingly, the science of brand management is being applied in unconventional con-texts – like the legal profession. As a lawyer, you have an opportunity to build your own brand and defi ne how you live in the minds of your colleagues, clients, and prospective clients. At this special one-hour session, marketing strategist and author Hugh MacPhie will share his insights into how brands work. Using tools from the popular Ontario Bar Association course, “Build Your Brand, Build Your Practice”, Hugh will help you start defi ning and building your personal brand which will in turn enhance your reputation and that of the profession. Afterall, lawyers with strong ethical reputations build ethical and reputable practices.

This program is open only to members of the Young Lawyers’ Division.

younG laWyers’ diVision lunch Friday, February 4 | 12:00 pm to 1:00 pm

Welcome recepTion and enTerTainmenT Thursday, February 3 | 5:00 pm to 7:00 pm


Featuring The second city Second fl oor main foyer Exhibition area. Appetizers & Bar.

This year Institute 2011 is offering something a little different to cap the fi rst day of courses with entertainment from acclaimed comedy troupe The Second City. With 25 Practice Sections to choose from there will be no shortage of material for these talented performers. End your day with laughter, a drink and good cheer among friends and colleagues.


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Documents

real esTaTe laW 2011 P Continuing rofessional February 3 ...softconference.com/oba/OBA_2011_Brochure.pdf · 8 OBA Institute 2011 General inFormaTion course location All complimentary