AGENDA Thursday July 2, 2009 5:30 p.m - 7:00 p.m. Council Meeting CBA-NL Branch Office Suite 304, 215 Water Street Friday July 3, 2009 8:30 a.m - 1:30 p.m. Professional Development Program The Studio, 272 Water Street (above Auntie Crae’s), St. John’s 1:30 p.m. - 3:00 p.m. Distinguished Public Service Award Luncheon The Studio, 272 Water Street (above Auntie Crae’s), St. John’s 6:30 p.m. - 7:30 p.m. Brewery Tour and Cash Bar Quidi Vidi Brewery, 35 Barrows Road, Quidi Vidi 7:30 p.m. - 10:00 p.m. Gourmet BBQ and Entertainment Quidi Vidi Brewery, 35 Barrows Road, Quidi Vidi Fabulous Door Prizes to be won! Sponsored by Canadian Bar Insurace Association & Canadian Bar Association Financial Services Saturday July 4, 2009 9:30 a.m. - 1 p.m. FAMILY FRIENDLY EVENT East Coast Trail Hike Cape Spear
Focus:Re-visiting
the Automobile Insurance Act amendments
of 2004 with a view to the future; the pros and cons of bifurcation; and the
benefits of using an inter vivos
trust.
Agenda
8:30 a.m. - 8:45 a.m.Registration
8:45 a.m. - 9:00 a.m.Welcome
9:00 a.m. – 12:00 p.m.Claims, Strains and Automobiles
Panel:Hon. Justice Lois Hoegg Supreme Court of Newfoundland & Labrador,
Trial Division
Lois J. Skanes, Q.C., Roebothan McKay
Marshall, St. John’s, NL
R. Wayne Bruce, Stewart McKelvey, St. John’s, NL
Ralph B. Best, FCIP, Claims Manager, Munn Insurance Limited, St. John’s, NL
Winston Morris, Superintendent of Insurance,
Newfoundland and Labrador, St. John’s, NL
Moderator - Peter D. Shea,Cox & Palmer, St. John’s, NL
The Canadian Bar Association invites you on a journey from
the Automobile Insurance Act
amendments of 2004 through to the future. Our panel will provide a 360 degree
perspective on issues raised by the amendments, including topics such as:
Øinterim payments
Ølegislated seatbelt defence.
Øthe general damages deductible
Ønet earnings loss
The Canadian Bar Association invites you on a journey from
the Automobile Insurance Act
amendments of 2004 through to the future. Our panel will provide a 360 degree
perspective on issues raised by the amendments, including topics such as:
Øinterim payments
Ølegislated seatbelt defence.
Øthe general damages deductible
Ønet earnings loss
11:00 a.m. - 11:30 a.m.Health Break
11:30 a.m. – 12:00 p.m.Litigate, Capitulate or Bifurcate?
You are handling an action where both liability and damages
are at issue, or an insurance coverage claim where bad faith is alleged.Our panel will discuss the pros and cons of
bifurcation.
12:00 p.m.
- 12:30 p.m.Trusts
– A Personal Injury Settlement Alternative
The practical benefits of using and inter vivos trust managed by a processional/corporate trustee will
be highlighted as a consideration for settlement of personal injury of medical
malpractice claims. Its use in certain situation will be compared to that of a
structures settlement on the basis of flexibility, protection, security as well
as costs. Further, discussion on how a professional trustee may act as guardian
or an agent for the guardian in this and/or other related matters
Speakers:Craig Bishop, B. Comm., CFP Financial Consultant
Scotia Private
Client Group
Paul M. McDonald, Cox & Palmer, St. John’s, NL
Hot Topics in Family
Law
Friday, June 19, 2009 – 8:30 a.m. – 1:30 p.m.
The Studio (above Auntie Crae’s) – 272 Water
Street, St. John’s
Focus:
Cutting-edge issues, caselaw and new developments in family law practice- from parental
alienation, to domestic contracts, to dealing with the self-represented
Highlights will include:
The Child’s Voice in Family Law
Proceedings
Case Law Update
Parental Alienation
The Difficult Client (and Other
Topics in Practice Management)
Domestic Contracts
Dealing with Self-Represented
and Unrepresented Litigants
Agenda
8:30 a.m. - 8:45 a.m.Registration
8:45 a.m. - 9:00 a.m.Welcome
9:00 a.m. - 9:30 a.m.The Child’s Voice in Family Law Proceedings
Exploration of when and how children should be heard in
family law proceedings
Brian Furey, Q.C.Department of Justice, St. John’s, NL
9:30 a.m. - 10:00 a.m.Case Law Update
Update of recent notable family law cases from across Canada
Patricia Hebert Family Law Office (Legal Aid), Edmonton, AB
10:00 a.m. - 10:40 a.m.Parental Alienation
Examination of what parental alienation is; its effects on
children and families; and how family law practitioners can identify and deal
with this problem in family law matters
Kelly JordanJordan Battista LLP, Toronto, ON
10:40 a.m. - 10:55 a.m.Health Break
10:55 a.m. - 11:25 a.m.The Difficult Client (and Other Topics in
Practice Management)
Panel discussion on how to handle difficult clients and
other challenging aspects of a family law practice, while keep your sanity at
the same time
Grant Gold McGague Peacock Burlack McInnis &
Lloyd LLP,
Toronto, ON
Karen Kear Jodoin Robinson Sheppard Shapiro, LLP,
Montreal, Q.C.
Elaine Keenan Bengts Keenan Bengts Law Office,
Yellowknife, NT
11:25 a.m. - 12:15 p.m.Domestic Contracts
Review of the lawyer’s obligations in domestic contract
matters, including a discussion the recent Supreme Court of Canada decision in Rick v. Brandsema
Anu OsborneSmith Osborne, LLP, Winnipeg, MB
Thomas DartBurgar Rowe Professional Corporation,
Barrie, ON
12:15
p.m. - 1:00 p.m.Dealing with Self-Represented and Unrepresented Litigants
Panel discussion featuring members of the bar and bench on
overcoming the challenges associated with having a self-represented or
unrepresented litigant on the opposing side of a family law matter
The Honourable Justice
Deborah FryUnified Family Court, St. John’s, NL
Lori SavoryNewfoundland
and Labrador Legal Aid Commission, St. John’s, NL
Section Meetings and Lunch & Learn Sessions
The CBA-NL Intellectual Property Section presents: Speaker: Erin Best, Cox & Palmer, CBA-NL IP Section Chair Topic: Google Book Settlement Date: June 29, 2009 at 12:00pm Location: CBA-NL Board Room, Suite 304, Atlantic Place, St. John's
The Google Book Settlement is in regards to a class action lawsuit that involves the Google Library Project. In 2004, Google announced that it had entered into agreements with several libraries to digitize books, including books protected by U.S. copyright law, in those libraries’ collections. Several authors and publishers brought this lawsuit against Google, claiming that its digitization without permission infringed their copyrights. In response to the authors’ and publishers’ claims of copyright infringement, Google argued that its digitization of the books and display of snippets, or a few lines, of the books is permitted under the U.S. copyright law’s doctrine of "fair use." Instead of resolving the legal dispute over whether Google’s digitization and display of the books is permissible under U.S. law as a "fair use," the parties negotiated a settlement. This settlement applies to authors in Canada and abroad. See www.googlebooksettlement.com for more information.
The CBA-NLCivil Litigation Section present: Revising the Scale of Costs
Speaker: James C. Oakley Date: June 26th, 2009 at 12:30 p.m. Location: Suite 607 Atlantic Place, 215 Water St., St. John's
On April 28th, 2009 a recent report from the Scale of Costs Subcommittee to the Rules Committees of the Supreme Court of Newfoundland and Labrador (Trial Division and Court of Appeal) was circulated via email to members of the Newfoundland and Labrador Bar for comment. The report sets out the background and rationale for a new proposed Scale of Costs.
We invite members of the branch to attend a consultation meeting with James C. Oakley, the Chairperson of the Scale of Costs Subcommittee on June 26th, 2009 for a roundtable discussion regarding the amendments to the Scale of Costs being proposed. The branch will be preparing a submission to the Rules Committee following the consultation meeting.
There is no cost to register for Section events, but space is limited.
Please contact the CBA-NL Branch office ASAP to reserve your space via e-mail or phone 579-5783.
Newfoundland & Labrador Practice Notes Now Online Practice Notes dating back to the 1980s, from both the Newfoundland & Labrador Court of Appeal and Supreme Court of Newfoundland & Labrador, are now available online in PDF format! The page will be updated with new Practice Notes as they are made available.
National Pro Bono Mentorship Program The National Pro Bono Committee of the CBA is looking for mentors for its new Pro Bono Mentorship Program. Mentors will provide their mentees with insights and ideas to support their pro bono work.
National News
Around the CBA
Register for the CBA Canadian Legal Conference, Aug. 16 - 18, 2009.
