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Message of Appreciation

LESA extends its gratitude to Jennifer Flynn and Dan Garcia (Principia Assessments Ltd.) for all the support provided during the Leadership transition.

Jennifer and Dan’s professionalism and dedication to advancement of LESA’s vision, mission, and values made their contribution over the past 6 months invaluable. LESA looks forward to future opportunities to work with Principia Assessments and wishes Jennifer and Dan all the best in their new endeavours.

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Program Feature: Business Issues in Family Law Matters

Business Issues in Family Law Matters

Business considerations arise in all areas of family law, and understanding how to advise clients in this sensitive and complex area is of utmost importance. Join co-chairs Marla S. Miller QC and Ken Proudman, as well as a distinguished panel of practitioners, on January 17 (Calgary) or January 24 (Edmonton) for Business Issues in Family Law Matters.


ABOUT THE PROGRAM

Review matrimonial property issues relating to businesses, including necessary adjustments to the matrimonial property statement. Discover several different approaches to distributing or compensating for business interests and assets. Review practice issues such as:

  • Director liability and resignations,
  • Deficient minute books, and
  • Other aspects of corporate law with a direct effect on family law files.

We recently spoke with co-chair Ken Proudman to learn a bit more about this program, here’s what he had to say.

We plan to cover the fundamental issues throughout the life of each family law file, starting with basic business law concepts and issues to watch out for, as presented by our business lawyer Nikki van Mulligen. Then our chartered business valuators Brenda Pisko CA, CBV and Dean Das CPA, CA, CBV, CFF will introduce the different types of valuations and discuss the inputs that can affect a valuation. Family law lawyers Roxanna Petts and Rachel Woynorowski will then discuss matrimonial property issues relating to businesses, including various adjustments that may need to be made to matrimonial property statements. Then, as we look at how to use this information to reach a settlement, family lawyer Judy Boyes QC will discuss various ways of compensating for or apportioning business interests, and our tax lawyer Michael Dolson will delve into an overview of relevant corporate reorganizations.  Finally, I will review how guideline incomes are calculated when a spouse has a business interest.”

Ken also let us know about some of the key program takeaways attendees will receive.

When it comes to allocating business interests, there are so many more options than making an equalization payment. You’ll gain new tools to help settle files. We hope that you’ll be able to answer more questions that your clients might have about business issues and valuation, while learning when it’s appropriate to engage a corporate law, tax, or accounting professional. Of interest will be the factors that can affect business valuations and guideline income calculations. It’s essential that family law lawyers know what information experts need, to be able to recognize when a report isn’t addressing a significant factor, and to know how subsequent changes might affect a report.”

MEET THE FACULTY

Co-Chairs

Faculty

REGISTER ONLINE

Discover several different approaches to distributing or compensating for business interests and assets. Expand your ability to interpret and analyze accounting valuations and reports by learning about the different types, their methodology, and the inputs that might affect them. Gain valuable knowledge about different types of tax reorganizations.

Register online to attend Business Issues in Family Law Matters on January 17 (Calgary) or January 24 (Edmonton). Register on or before December 12, 2017, and attend for just $355 + GST. For more information, view the program brochure.

 

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November Upcoming Legal Events

November Upcoming Legal Events

Check out this month’s list of upcoming legal events.


LESA

Effective Legal Support: Wills and Estates

Effective legal support is required in wills and estates matters. Explore strategies to increase legal support efficiency and effectiveness for wills and estates files. Register today to reserve your spot in this program November 15 (Edmonton) and November 22 (Calgary).

Interest Based Negotiations

Learn about principled negotiation and how it differs from adversarial negotiation in this 4-day course. This course is recognized by collaborative law associations in Alberta. This seminar is now full. Register to put your name on the waitlist November 16–19 (Edmonton).

Mediation of Family & Divorce Conflicts

Mediation is increasingly important in the practice of family law. This in-depth program provides over 40 hours of intensive, hands-on skills training and is recognized by collaborative law associations in Alberta. This program is now full. Register here to join the waitlist, or register to attend May 14–18 (Calgary).

Getting the Most Out of Microsoft® Word

Microsoft® Word is an everyday staple in most law settings. Improve efficiency, increase productivity, and streamline your practice. Register today to reserve your spot in this program November 28 (Edmonton) and November 29 (Calgary).

Estate Planning for the Average Wealth Client

A proper estate plan is important for all clients. Explore key elements in estate planning and balance cost-effective measures to meet clients’ needs and expectations. Register today to reserve your spot in this program November 29 (Edmonton) or December 6 (Calgary).

Labour and Employment Law Update

Explore recent developments in labour and employment law. Examine key statutes, influential cases, and common issues. Register today to reserve your spot in this program November 30 (Edmonton) or December 5 (Calgary).


CPLED

The face-to-face session Negotiations & Practice Fundamentals is in Edmonton (October 30–November 2) and Calgary (November 6–9). View the calendar or visit our website for more details.


If you want LESA’s help to raise awareness about an upcoming event for the Alberta legal community, contact Andrea Maltais, Communications Coordinator.

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Paper Summary: The Legacy of Regina v. Vu, 2013 SCC 60


Search Warrants (2015/2016)

There are few personal objects that attract more inherent privacy rights than personal computers. In today’s blog, learn more about The Legacy of Regina v. Vu, 2013 SCC 60: An Assessment of the Supreme Court of Canada’s Foray into the Area of Privacy Rights Inherent in Personal Computer Devices by Neil Cobb.

Happy reading!


Personal computers have an increasing capacity to store immense amounts of intensively private information, which regularly penetrates the biographical core of a user. Computers are also fastidious record keepers, generating and retaining information relating to our browsing histories, often even after user-directed deletion is attempted.

Perhaps most impactful on one’s privacy interests is the fact that a computer serves as a gateway to a repository for an almost unlimited amount of information, information that is not even physically located on the hard drive of the computer but rather in the cloud.

As technology has evolved so too has the ability for personal computer devices to capture, retain, and generate voluminous amounts of highly sensitive personal information. Accordingly, Canadian courts have recognized in their jurisprudence that computers occupy a unique place within an individual’s protected privacy sphere.

The purpose of this paper by Neil Cobb is three-fold. First, it aims to provide an outline of the more salient privacy-related aspects of the Supreme Court of Canada’s recent computer-privacy jurisprudence up to, and including, the seminal decision of R v Vu, 2013 SCC 60, [2013] 3 SCR 657 [Vu].

Topics covered include:

  • the parameters of computer searches and the manner in which they must be carried out, including the emerging duty for contemporaneous note-taking;
  • what qualifies as a computer;
  • when warrants are required and what specific type; and
  • the relevance of a personal electronic device having internet accessibility.

Second, this paper identifies and discusses some post-Vu judgments in the realm of computer privacy that counsel in Alberta should be cognizant of. Areas addressed include the common law power of search incidental to arrest of computers and recent jurisprudence surrounding new quasi-computer devices, such as Sensing Diagnostic Modules found in modern motor vehicles, and whether or not they attract a reasonable expectation of privacy.

Finally, this paper concludes by highlighting, from a more practical perspective, some of the challenges faced by counsel when dealing with these evolving technological issues and the relevant considerations they mandate.

Want to learn more? Click here to view some sample pages from this paper.


LESA Library

Interested in purchasing this paper? Or, are you looking to find out what other materials are available from Search Warrants (2015/2016)?

With an annual subscription to the LESA Library, you can access this paper and hundreds of other materials from our past programs anytime; anywhere. This cost-effective resource ensures you’ll always be up-to-date with the latest information.

Click here to learn more about the LESA Library. Alternatively, you can click here to purchase this paper individually.

 

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LESA Employment Opportunity: Education Assistant

Education Assistant

The Legal Education Society of Alberta (LESA) was founded in 1975 to serve the Alberta legal community. As the primary provider of continuing legal education in the province, we serve the spectrum of educational and professional development needs by delivering high-quality educational programs and resources. We strive to lead the way in corporate culture by valuing our greatest asset—our employees. Combining in-depth knowledge with cutting-edge technology, we aim to provide engaging experiences that meet the diverse needs of legal professionals throughout Alberta. We continue to offer high-quality programs and resources by building and sustaining forward thinking staff and will continue to set standards of excellence as one of Alberta’s Top 70 Employers (2017 & 2016).

We are seeking a qualified individual to fill the role of Education Assistant, based in Edmonton. This position reports to the Director of Education and provides general administrative support to the Education Team. This is a temporary full-time position.

THE ROLE

Education Assistants are expected to:

  • Provide general administrative support for the Education Team;
  • Organize, compile, and distribute materials for instruction and evaluation;
  • Fulfill customer service duties, including participating in a phone rotation;
  • Enter data into, and retrieve data from, a customer relationship management system;
  • Prepare and send correspondence (to/from internal and external stakeholders);
  • Handle incoming and outgoing mail, faxes, record-keeping, and filing;
  • Prepare and administer surveys, and collate data;
  • Administer online registrations and subscriptions and fill publication orders;
  • Format materials for publication;
  • Convert content to various formats (e.g. docx, pdf, xlsx, epub, html, mp3, mp4);
  • Upload content to online platforms (e.g. LMS, wiki, ftp, website, video sharing platform, etc.);
  • Deal with technical login or access issues from customers;
  • Support other Education Assistants, Integration Assistants, and Legal Assistants; and
  • Perform other administrative activities, as required.

Click here to read the full job description and to find out how to apply.

CLOSING DATE: This posting closes at 4:00 PM on November 8, 2017.

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Program Feature: Estate Planning for the Average Wealth Client

Estate Planning for the Average Wealth Client

Join program chair Robert Mendenhall and a distinguished faculty of estate planning professionals for Estate Planning for the Average Wealth Client in Edmonton (November 29) or Calgary (December 6).


ABOUT THE PROGRAM

Review estate planning strategies and their applications in specific, complex situations, such as those involving minor heirs, adult dependent family members, persons with disabilities, and blended families. Gain valuable tips for managing client expectations when complex situations arise. Build your practice as you review substantive content.

Additional topics include:

  • basic tax issues as they relate to estate planning;
  • recent changes in wills and estates legislation as they relate to estate planning;
  • evolving roles and responsibilities of executors and trustees;
  • gifting to charities; and
  • discretionary and other trusts, including drafting considerations.

MEET THE FACULTY

Chair

Robert Mendenhall | Richardson GMP Limited | Edmonton

As part of the Tax & Estate Planning Team, Robert works closely with clients and their investment advisor to identify solutions that address clients’ overall wealth planning needs. Once clients have a clear understanding of their planning needs, he focuses on helping clients and their professional advisors implement the selected solutions.

Robert is a lawyer with several years of experience. Before coming to Richardson GMP, Robert worked at other financial institutions advising clients on trust, estate, and tax planning. Prior to that, he was a partner in a law firm. Robert obtained his Juris Doctor from the College of Law, University of Saskatchewan. Later, he obtained a Masters of Law degree from J. Reuben Clark Law School, Brigham Young University. Read more.

Faculty

Sylvia A. Carruthers | Barrister and Solicitor | Calgary

Sylvia Carruthers is a lawyer experienced in providing advice and solutions to lawyers who are seeking to improve the management of their law practice to achieve compliance with law society regulations and add efficiency to their management of a successful legal practice. Sylvia held the position of Counsel, Practice Review for the Law Society of Upper Canada, and upon moving to Alberta has carried on a private practice, as well as acting as Counsel, Practice Management for the Law Society of Alberta for 8 months. Through this experience, she has acquired a solid knowledge of Law Society requirements. Read more.
Mandy England | Dentons Canada LLP | Edmonton

Mandy England is a member of the Trusts, Estates and Wealth Preservation group, with a practice focused on estate planning, estate litigation, and trusts. She is experienced in handling litigation related to estates, trusts, and guardianships, including contested wills, breach of trust claims, guardianship disputes, and variation of trusts. Mandy also works with clients in developing personalized estates plans; planning, varying, and amending trusts; and in dealing with probate and administrative matters. She drafts Enduring Power of Attorney and Personal Directives to deal with incapacity or illness prior to death and acts for clients who need to make an application for an appointment of guardians and trustees. Read more.
Michael Klaray | Duncan Craig LLP | Edmonton

Michael Klaray practices exclusively in the firm’s Estate Solutions practice group and is co-chair of the group. Michael’s estate experience includes:

  • Estate planning through the preparation of Wills, Personal directives, Powers of Attorneys, and Trusts.
  • Estate administration and the representation and advising of executors, administrators, and beneficiaries.
  • Estate litigation which includes challenges to Wills and Powers of Attorney, variation of trusts, family relief applications, as well as representing and advising individuals with claims against an estate.
  • Adult incapacity, including matters related to powers of attorney, personal directives, guardianship, and trusteeship.

Read more.
Jason Stephan | CA Tax Law | Red Deer

Jason is both a tax lawyer and a chartered accountant (now chartered professional accountant). Jason’s main area of expertise is providing legal tax structuring for private businesses and their owners. Prior to returning home to Central Alberta, Jason advised on a wide spectrum of tax matters at both a national law firm and a tax boutique law firm in Calgary. More recently, prior to starting CA Tax Law, Jason was the tax partner of a respected business law firm in Red Deer. Read more.
Shelley E. Waite TEP | McLeod Law LLP | Calgary

Shelley practices wills, estates and succession planning with a focus on U.S. / cross-border planning, elder law, represented adult law and estate litigation. Shelley advises clients on a range of wills and estate matters and works closely with her clients to protect their interests and manage their risks. She is well versed and experienced with the new Wills and Succession Act and the Adult Guardianship & Trusteeship Act. Read more.

 

REGISTER ONLINE

Join us for Estate Planning for the Average Wealth Client in Edmonton (November 29) or Calgary (December 6). For more information, read the program brochure.

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Program Feature: Labour and Employment Law Update

 

Labour and Employment Law Update

Join us for Labour and Employment Law Update in Edmonton (November 30) or Calgary (December 5), and addresses significant legislative changes in both employment and labour law.


ABOUT THE PROGRAM

Recent changes to the Alberta Labour Relations Code and the Employment Standards Code have already affected the practice of labour and employment law in Alberta. Understanding the new statutory framework is key to providing practical, useful advice to clients.

Discover how to effectively, competently advise clients on complex and sensitive issues that arise in this area of law. Learn useful strategies, tips, and practice guidelines from a seasoned panel of lawyers representing various perspectives, including those of management, unions, employers, and employees.

To learn more about this program, view the brochure.

MEET THE FACULTY

Co-Chairs

Roger Hofer QC | Neuman Thompson | Edmonton

Raylene Y. Palichuk | Neuman Thompson | Edmonton

 

Faculty

Alison Adam | McLennan Ross LLP | Calgary

Clayton Cook | McGown Cook | Calgary

Maurice Dransfeld | McLennan Ross LLP | Edmonton

Tami Friesen | Nugent Law Office | Edmonton

Laura Inglis | Bennett Jones LLP | Edmonton

Karen Scott | Seveny Scott | Edmonton

Ryan Smith | Neuman Thompson | Edmonton

REGISTER ONLINE

Register online to attend Labour and Employment Law Update in Edmonton (November 30) or Calgary (December 5).

Register on or before October 24 to take advantage of our early bird pricing.

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Program Feature: Getting the Most Out of Microsoft® Word

Getting the Most Out of Microsoft® Word

We’re looking forward to an enriching day of learning at our upcoming program Getting the Most Out of Microsoft® Word. Join us in Edmonton (November 28) or Calgary (November 29) to enhance your proficiency in Microsoft® Word.


Meet the Instructor

Barron K. Henley Esq. is one of the founding partners of Affinity Consulting Group, a national legal technology consulting firm that handles all aspects of law practice automation, including document assembly, case management, document management, legal accounting software, trial presentation/litigation support, paper reduction/scanning, hardware, networks/servers, and security. He is an attorney and has been helping other lawyers with technology since 1990.

Barron received his BS in economics and BA in marketing, as well as his JD from The Ohio State University. He is a member of the American, Ohio State, and Columbus Bar associations as well as the Worthington Estate Planning Council. Barron is also a member of the ABA Law Practice Management Section and is the former chair of the Ohio State Bar Association Law Office Automation and Technology Committee.

Barron heads Affinity’s document assembly/automation and software training departments; he is a renowned expert on Microsoft® Word, Adobe Acrobat, and HotDocs document assembly software. He has authored legal-specific manuals on HotDocs, Adobe Acrobat, and Microsoft® Word, Excel, and Outlook. Barron teaches CLE classes throughout the United States and Canada, covering a wide variety of topics related to law practice management, technology, and ethics.

For additional information, click here.

About the Program

Cover various topics, including

  • Fixing Word’s Default Settings, Customizing the Interface, and Basic Editing
  • Proofing, Font, and Paragraph Formatting Fundamentals
  • Automatic Paragraph Numbers, Complex Page Numbering, and Introduction to Styles
  • Advanced Styles with Automatic Paragraph Numbering
  • Tables of Contents and Authorities, Paragraph Cross-References and Document Automation
  • Protecting Work Product

Learn about a wide spectrum of automation tools demonstrated from the amazing things your word processor is already capable of, from simple Word functionality to creating tables of authorities. Discover easier, quicker document creation, and explore more complex formatting techniques.

Register Online

Register online to attend Getting the Most Out of Microsoft® Word in Edmonton (November 28) or in Calgary (November 29). Read the program brochure for more details.

Register on or before October 24 to take advantage of our early bird pricing.

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Program Feature: Effective Legal Support: Wills and Estates

Effective Legal Support: Wills and Estates

Join us for Effective Legal Support: Wills and Estates in Edmonton (November 15) or Calgary (November 22), and discover strategies to increase legal support staff efficiency and effectiveness.


ABOUT THE PROGRAM

Improve your ability to manage complex files with the most up-to-date information available in estate administration. Explore applications for probate and estate administration in both standard and more complex matters. Review a basic application for a grant of administration and grant of probate, including common errors made in these applications and how to make an expedited application.

Hear from the Office of the Public Guardian and Trustee about its role in a variety of estate administration scenarios. Receive clarification on the Public Trustee’s role regarding minor beneficiaries, find out when the Public Trustee receives notice on behalf of a represented adult and what to do if the Public Trustee is not the trustee of a beneficiary who may lack capacity. Get tips on issues such as bonds, missing beneficiaries, priorities, and appointing a trustee for minor’s property.

MEET THE FACULTY

Chair

Sherrilynn J. Kelly | Parlee McLaws LLP | Calgary

Sherrilynn has worked in law firms and law-related businesses her entire adult life. After working as a litigation paralegal for several years, she decided to pursue a legal education. After articling for the Court of Queen’s Bench of Alberta and the Court of Appeal, Sherrilynn had a diverse practice at a prominent Calgary law firm for nearly ten years. As well as assisting clients with general corporate and commercial matters, acquisitions and divestitures, and corporate reorganizations, she has been involved in litigation at all levels of court in Alberta. During the last six years of practice, she focused on estate planning and administration and related litigious matters. Sherrilynn recently returned from Switzerland, where she worked for the United Nations Compensation Commission, to practice in her preferred area of estate planning, administration, and litigation. Read more.

Faculty

  • Timothy Bayly | KMSC Law LLP | Grande Prairie
  • Mel Greene | KMSC Law LLP | Grande Prairie
  • Stacy Hennings | Justice Services Division – Office of the Public Guardian and Trustee | Edmonton
  • Marianne Rivard | Court of Queen’s Bench of Alberta | Edmonton

REGISTER ONLINE

Register online to attend Effective Legal Support: Wills and Estates in Edmonton (November 15) or Calgary (November 22). Register on or before October 10 to take advantage of our early bird pricing.

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Program Feature: Canada 150 – Constitutional Law Symposium

Join us for Canada 150 – Constitutional Law Symposium on October 27 (Edmonton). Analyze recent Supreme Court of Canada constitutional law decisions and trends emerging from the Court, and discuss their implications for practitioners.

This program is offered in collaboration with the Centre for Constitutional Studies.


TOPICS

Explore topics including:

DIVISION OF POWERS & BRITISH NORTH AMERICA ACT, 1867

  • R v Comeau and Section 121 of the Constitution Act, 1867: Freeing the Beer and Fortifying the Economic Union
  • (Not So) Cooperative Federalism: The fate of provincial environmental liabilities in federal insolvency proceedings
  • Reconsidering Federal Environmental Jurisdiction

FUNDAMENTAL FREEDOMS AND HUMAN RIGHTS

  • What the Religious Freedom Jurisprudence Tells Us – and Doesn’t – About the TWU Appeals
  • The Legal and Practical Ramifications of Theodore
  • “Living High”: The haze of Stewart v Elk Valley Coal and what it means for future labour relations

EMERGING ISSUES – PART I

  • Indigenous Peoples and the Division of Powers
  • A Constitutionalized Right to a Healthy Environment: Problems and prospects
  • Regulating Expression in the Digital Sphere

EMERGING ISSUES – PART II

  • Would a law requiring you to unlock your device for police violate the Charter?
  • The Alberta Government’s Response to Jordan

KEYNOTE ADDRESS

Hon. Justice WIC Binnie CC, QC | Lenczner Slaght | Toronto

The Honourable Justice William Ian Cornell Binnie CC, QC served as a Justice of the Supreme Court of Canada for almost 14 years. When he retired in 2011, the Globe and Mail described him as “arguably the country’s premier judge” and Montreal’s La Presse described him as “peut-être le juge le plus influent au Canada pendant la dernière décennie”. He was elected a Commissioner of the International Commission of Jurists (Geneva) in April 2003.

In his role as Counsel with Lenczner Slaght, Mr. Binnie shares strategic and practical advice, as well as his dispute resolution expertise, with his colleagues and the firm’s clients. In doing so, he draws not only on his judicial insights but also his wealth of courtroom experience as one of Canada’s top litigators.

MEET THE FACULTY

CHAIR

Patricia Paradis | Centre for Constitutional Studies – University of Alberta | Edmonton

FACULTY

  • Eric Tolppanen QC | Assistant Deputy Minister – Alberta Crown Prosecution Service | Edmonton
  • K. Donlevy | Werklund School of Education – University of Calgary | Calgary
  • Dylan Gibbs | JD Student, Faculty of Law, University of Alberta | Edmonton
  • Cameron Jefferies | Faculty of Law – University of Alberta | Edmonton
  • Howard Kislowicz | Faculty of Law – University of Calgary | Calgary
  • Malcolm Lavoie | Faculty of Law – University of Alberta | Edmonton
  • Kelli L. Lemon | Seveny Scott Lawyers | Edmonton
  • Anna J. Lund | Faculty of Law – University of Alberta | Edmonton
  • Bruce McIvor | First Peoples Law | Vancouver
  • Avnish Nanda | Nanda & Company | Edmonton
  • Martin Olszynski | Faculty of Law – University of Calgary | Calgary
  • Steven Penney | Faculty of Law – University of Alberta | Edmonton

REGISTER ONLINE

Register online to join us for Canada 150 – Constitutional Law Symposium in Edmonton (October 27).