McMillans Commercial Litigation Litigators from each of the fjrms - - PDF document

Litigators from each of the fjrm’s Canadian offjces have collaborated to assemble a collection of presentation topics, covering legal subjects of particular interest to in-house counsel. As a valued McMillan client, we are offering to attend your offjces to present

• n as many of the included

topics as you would like. We would be happy to schedule this presentation series at your convenience. The presentation series will begin in January 2015, on dates to be agreed upon. Each presentation is eligible for 1 hour of substantive CPD in Ontario, 1 hour of CPD in BC and 1 hour of CLE in Québec.

Contact info:

Brad Hanna

416.865.7276 brad.hanna@mcmillan.ca

Avoid ‘Courting’ Disaster – How to Best Manage Litigation Risk

This high level presentation provides concrete tips for managing risk in the context of litigation, including strategies for avoiding litigation altogether, positioning yourself for litigation when it is on the horizon and managing risk during the course of litigation. The presentation is designed to assist clients minimize the pain, and maximize the gain, when disputes arise.

McMillan’s Commercial Litigation Presentation Series

Benjamin Bathgate

Toronto

Katherine Reilly

Vancouver

Brad Hanna

Toronto

Brett Harrison

Toronto

Scott Maidment

Toronto

Vancouver l Calgary l Toronto l Ottawa l Montréal l Hong Kong l mcmillan.ca

Lindsay Lorimer

Toronto

Making Settlements Stick: A Practical Guide to Settling Business Disputes Across Canada

Most business disputes are resolved prior to trial and often before litigation has even commenced. This presentation will offer practical tips and review common pitfalls to help in-house counsel achieve final and lasting settlements

• f common business disputes. Clients will also be offered a complimentary copy
• f McMillan’s recently published book: “The Essential Guide to Settlement in

Canada”, a valuable practice manual designed for in-house counsel, with detailed advice and forms/precedents to help them draft binding settlement documents.

McMillan’s Litigation Group proudly presents its Commercial Litigation Presentation Series

McMillan’s Commercial Litigation Presentation Series

McMillan’s Litigation Group proudly presents its Commercial Litigation Presentation Series

Managing Class Action Risk in Canada

A summary of recent developments in Canadian class action law. This presentation will review solutions to help companies understand, manage and mitigate class action litigation risk. It will also review practical steps companies can take now to minimize the likelihood of being named in a class action.

Calie Adamson

Toronto

Jason Annibale

Toronto

Damon Chisholm

Vancouver

Peter Wells

Toronto

Karen Carteri

Vancouver

Andrew Stead

Calgary

Lisa Parliament

Toronto

Éric Vallières

Montréal

Joan Young

Vancouver

Summary Judgment: Fast Track or Slow Lane?

Most lawyers are all familiar with the new summary judgment test but what every litigant really wants to know is one thing: “what are my chances?” McMillan has completed the only statistical analysis of summary judgment motions, comparing outcomes from before and after the Rule change. This presentation will distill the new summary judgment case law, identify the key factors you should consider before bringing a summary judgment motion and, most importantly, will help you to determine whether you should bring a summary judgment motion or opt for a traditional or hybrid trial.

Renovation and Construction: What are you getting into? De-Mystifying the Construction Process and Managing Risk

This topic will cover issues such as: What construction project delivery method is right for you?; Procurement and Tendering – what kind of flexibility do I have in obtaining the best price?; Liens, Trusts, Holdbacks, and Money; Insurance, Bonds, and Other Risk Mitigation Measures; and Avoiding and Resolving Disputes Efficiently.

McMillan’s Commercial Litigation Presentation Series

McMillan’s Litigation Group proudly presents its Commercial Litigation Presentation Series

What You Need to Know About E-Discovery: Obligations, Costs and Best Practices

Large-scale electronic discovery has become common practice in Canadian

• litigation. This presentation will canvass when it is appropriate to engage in

e-discovery, how to effectively control its scope and cost and when to manage the e-discovery process internally, through external counsel or through a third party vendor. We will also address specific e-discovery issues that may arise in specific cases, including products cases, and class actions.

Geoff Moysa

Toronto

Andrei Pascu

Montréal

Katherine Reilly

Vancouver

Lease Remedies 101: Navigating Your Options

As lease disputes reach a climax, in-house lawyers need to consider all available remedies to properly assess their options. An early recognition of the pros and cons of each remedy, and when they are and are not appropriate, is often essential to ensure that any steps taken will be upheld by the courts. This presentation will provide a comprehensive overview of each lease remedy, including: damages (and the duty to mitigate); injunctive relief; self-help remedies; distress; set-off; bailment; and relief from forfeiture, among

• thers. Detailed comparisons as to which remedy is best suited for which set
• f circumstances, and helpful step-by-step checklists, will provide in-house

lawyers with the tools they need to navigate leasing disputes and avoid conduct that may ultimately bring about adverse judicial consequences.

Jason Annibale

Toronto

Stephanie Hamelin

Montréal

Benjamin Bathgate

Toronto

Your place or mine?: The Changing Law of Jurisdiction

The Supreme Court of Canada has recently reformulated the “real and substantial connection test,” which determines when a court will take jurisdiction over an

• ut-of-province defendant. This presentation will provide an update on this area
• f law and will provide guidance on what factors a court considers in deciding

whether to assume jurisdiction over a particular incident.

Rachel April Giguère

Montréal

Andrew Stead

Calgary

Patrick Thompson

Ottawa

McMillan’s Commercial Litigation Presentation Series

McMillan’s Litigation Group proudly presents its Commercial Litigation Presentation Series

Should it Stay or Should it Go: Litigation Holds and Document Destruction Policies

A summary of your document preservation obligations. Topics covered include: what triggers the duty to preserve, what documents must be preserved, what is a “document”, how to implement a litigation hold policy (best practices), the principle of proportionality, an overview of the law of spoliation, and when it is safe to destroy records. Practical tips, including a step-by-step review of a McMillan-recommended litigation hold memorandum, will be provided to help each client customize its own memorandum.

Sidney Elbaz

Montréal

Benjamin Bathgate

Toronto

Richard Jones

Calgary

Managing Privacy Risk in Canada

A summary of recent developments in Canadian privacy law. This presentation will discuss the recent privacy law trends in Canada and will discuss potential solutions and tools to help companies understand, manage and mitigate privacy

• risk. It will also review practical steps companies can take now to minimize the

likelihood of a security breach taking place and guidance on how to properly manage these breaches.

Ryan Black

Vancouver

Lyndsay Wasser

Toronto

Bruce McWilliam

Toronto

Emerging Issues in Product Liability

Product Liability incidents raise regulatory issues and give rise to potential claims in civil court. This presentation will provide an overview of product liability claims in common law provinces and Québec (who bears the burden and defences available), give guidance on reporting issues and provide strategies to ensure that your brand is protected.

Sidney Elbaz

Montréal

Lindsay Lorimer

Toronto

Andrew Stead

Calgary

McMillan’s Commercial Litigation Presentation Series

McMillan’s Litigation Group proudly presents its Commercial Litigation Presentation Series

Recent Developments in Franchising and Distribution Law

A summary of the recent case law that has dramatically changed certain features of franchise law, including: the franchisor’s duty of good faith and its intersection with the pricing of goods; the validity of franchisee releases that seek to limit or preclude claims against franchisors; and the duty of franchisors to promote and enhance their brands. This presentation will also include an update on the law on “inadvertent franchisors” to help clarify under what circumstances dealerships, distributorships and licensing relationships can be subject to the onerous obligations under the Arthur Wishart Act.

Mike Reid

Vancouver

Brad Hanna

Toronto

Geoff Moysa

Toronto

Slips, Trips and Falls: Avoid the Blame Game

Given the potential for injury, the statutory liability imposed on retailers, and the comparatively low cost of implementing a loss prevention program, having a well-managed slip-and-fall prevention program makes good business sense. This presentation will provide an overview of factors considered by the courts in Occupiers’ Liability Claims, review recent damage awards and provide practical tips to minimize exposure.

Lindsay Lorimer

Toronto

Joan Young

Vancouver

Canada’s New Anti-Spam Law – What it Really Means, How it Affects You, and Why Every Business in Canada Should Care

As many Canadian businesses have now learned, Canada’ s “anti-spam law”,

• r CASL, greatly exceeds its unofficial “anti-spam” title with a very broad reach

regulating most electronic interactions. This presentation explores many important topics, including how CASL applies to businesses in Canada; CASL’ s main prohibitions; how CASL is enforced; how businesses can limit their liability; and best compliance practices for businesses.

Elisa Henry

Montréal

Ryan Black

Vancouver

Sharon Groom

Toronto

McMillan’s Commercial Litigation Presentation Series

McMillan’s Litigation Group proudly presents its Commercial Litigation Presentation Series

Benjamin Bathgate

Toronto

The Bank’s Duty of Care In Customer Fraud: When Does a Duty of Care to a Non-Customer Trump Obligations to an Offending Customer?

Emerging case law indicates that a bank may owe a duty of care to non- customers who have been defrauded by one of the bank’s own customers. It is important for a bank to navigate its competing obligations to avoid the next “Earl Jones” scenario. This presentation reviews the source of this evolving form of liability by exploring various important questions in customer fraud, including: a bank’s obligation to detect red flags in customer activities; the point at which the court will likely find a bank to have developed constructive knowledge of fraudulent activity; and what steps a bank must take after it discovers the fraud to remedy the problem.

David Debenham

Ottawa

Richard Jones

Calgary

Confl icts Issues for In House Counsel

The conflicts rules that govern lawyers are drafted primarily for the private firm context, but apply just as much to in house counsel. This presentation outlines issues and strategies for in house counsel to consider when dealing with conflicts issues, both internally, and in their relationships with outside counsel.

Karen Carteri

Vancouver

Dan MacDonald

Toronto

Reining Them In - How to Address Restrictive Covenants for Departing and Incoming Employees

A summary of the principles involved in drafting effective restrictive covenant agreements and protecting the business when it hires employees who are subject to restrictive covenants. The presentation focuses on practical steps businesses can take, legal and business pitfalls that commonly arise and litigation strategy when a dispute arises.

Martin Thompson

Ottawa

George Waggott

Toronto

David McInnes

Vancouver

McMillan’s Commercial Litigation Presentation Series

Litigators from each of the fjrm’s Canadian offjces have collaborated to assemble a collection of presentation topics, covering legal subjects of particular interest to in-house counsel. As a valued McMillan client, we are offering to attend your offjces to present

• n as many of the included

topics as you would like. We would be happy to schedule this presentation series at your convenience. The presentation series will begin in January 2015, on dates to be agreed upon. Each presentation is eligible for 1 hour of substantive CPD in Ontario, 1 hour of CPD in BC and 1 hour of CLE in Québec.

Contact info:

Brad Hanna

416.865.7276 brad.hanna@mcmillan.ca

McMillan’s Litigation Group proudly presents its Commercial Litigation Presentation Series

McMillan is a modern and ambitious business law fjrm serving clients across key industries in Canada, the United States and internationally. We offer solutions-oriented legal advice through

• ur offjces in Vancouver, Calgary, Toronto, Ottawa, Montréal and Hong Kong.

For more information, please visit our website at www.mcmillan.ca.

Leaves & Accommodation: Best Practices for Managing Absent Employees

Employee requests for accommodation are increasing as human rights tribunals become more receptive to expanding the duty to accommodate for employers. Coupled with an aging workforce, managing the accommodation process for both disability leaves and other situations is taking up a substantial amount of employers’ time. This presentation focuses on what strategies and tools employers have at their disposal to manage leaves of absence and how to address accommodation issues.

Dave McKechnie

Toronto

Adam Kaukas

Calgary