MIDWINTER 2021 - KEEP CALM CARRY ON the midwinter is still on ! - NB CBA
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Follow us on Twitter: @cbanb_abcnb Jump into the conversation #NBMW /cbanbabcnb KEEP CALM AND CARRY ON the midwinter is still on ! MIDWINTER 2021 February 3-5, 2021 Virtual Conference (Zoom)
2021 MIDWINTER COMMITTEE Isabel Lavoie-Daigle Ferne M. Ashford Katherine Toner Chairperson of the Organizing Committee Maya A. Hamou Michelle Brun-Coughlan Rachelle Standing In appreciation of the participation of PD speakers and chairs, the CBA NB will make a donation to the Law for the Future Fund. BUSINESS MEETINGS TUESDAY February 2, 2021 1:00 pm – 2:00 pm CBA NB Branch Council Meeting Zoom TUESDAY February 2, 2021 2:00 pm – 3:00 pm CBA NB - AGM Zoom FRIDAY February 5 , 2021 Law Society of NB Council Meeting 12:30 pm – 4:00 pm Zoom
PROGRAM AT A GLANCE WEDNESDAY February 3, 2021 12:00 pm KICKOFF & KEYNOTE ADDRESS by The Rt. Hon. Richard Wagner, P.C., Chief Justice of Canada 1:00 pm Professional Development (EN with SI)* Guidance on Bankruptcy and Insolvency Matters (FR with SI)* Personal Injury in a Pandemic: The Effects of COVID-19 on Personal Injury Litigation 2:30 pm BREAK 3:00 pm Professional Development (EN with SI) Standard of Review in 2021 – Simplified in Vavilov? What Does it Look Like Today? (FR with SI) Back to Basics – Wills and Estates, Real Estate Transactions and Family Law THURSDAY February 4, 2021 8:30 am Professional Development (EN with SI) Technology in the Courts & in Your Office (FR with SI) Amendments to the Divorce Act 10:00 am BREAK 10:30 am Professional Development (EN with SI) Systemic Racism in the Justice System (FR with SI) Land Registry: Operational Update and PLANET Browser Demonstration 12:00 pm LUNCH BREAK 1:00 pm Professional Development (EN with SI) Civil Liberties During a Pandemic: How Far Can Governments Go? (FR with SI) Is COVID-19 in the Workplace a Thing of the Past, Present or Future? 2:30 pm BREAK 3:00 pm Professional Development (EN with SI) Jury Trials (FR with SI) Working from Home: Unrealistic or the New Normal? 6:00 pm SOCIAL EVENT - Removing the Mask , Lucien’s North Shore Explained FRIDAY February 5, 2021 8:30 am Professional Development (EN with SI) Accounting & Tax for Non-Tax Lawyers (FR with SI) Health Care Directives 10:00 am BREAK 10:30 am Professional Development (EN with SI) Construction Remedies Act (FR with SI) Tips & Tricks Before the New Brunswick Courts
Join us on Wednesday February 3 at 12 p.m. for the KICKOFF & KEYNOTE ADDRESS by The Rt. Hon. Richard Wagner, P.C. The Rt. Hon. Richard Wagner is the eighteenth Chief Justice of Canada. He was appointed as a judge of the Supreme Court of Canada in 2012 and became Chief Justice in 2017. As Chief Justice of Canada, he also presides over the Canadian Judicial Council, National Judicial Institute, and the Advisory Council for the Order of Canada. Chief Justice Wagner currently serves as president of the Associa tion des Cours Constitution- nelles Francophones, an international judicial organization. He sat on the Québec Court of Appeal from 2011 to 2012 and on the Superior Court of Québec from 2004 to 2011. He has a Bachelor of Social Science and Licentiate in Laws from the University of Ottawa. Chief Justice Wagner practiced law in Montréal from 1980 to 2004. He specialized in professional liability (of lawyers, accountants, architects, and engineers), commercial litigation (especially in real estate), oppression remedies, and class action lawsuits. He argued cases before all levels of court in Québec and all quasi-judicial tribunals, as well as before the Federal Court and the Supreme Court of Canada. Throughout his career, as a lawyer and a judge, Chief Justice Wagner has always been passionate about access to justice. He was one of the founders of the Centre d’accès à l’information juridique (CAIJ), which provides legal information to lawyers, judges, and law students, for which he received the Barreau du Québec’s Award of Merit. As Chief Justice of Canada, he took the Court to Winnipeg, Manitoba to hear cases outside of Ottawa for the first time in history. He launched the annual Year in Review, an informative and visually-engaging overview of the Court’s work. He directed that the Court’s plain-language judgment summaries, or Cases in Brief, were written in truly plain and accessible language. He has also been a strong proponent of judicial indepen- dence as a critical part of our democratic balance, and of civility and collegiality as a key to better decision-making on the bench. Chief Justice Wagner was born on April 2, 1957 in Montréal. WEDNESDAY February 3, 2021 PROFESSIONAL DEVELOPMENT (1.5 credits ea.) 1:00 pm (ENGLISH with SI) COVID-19 continues to have an impact on many individuals and businesses, small or large. Practical advice is needed for the Guidance on Bankruptcy and practitioner when confronted with a client in financial distress as a consequence of reduction in income or unexpected business Insolvency Matters failure. In this session, speakers will also de-mystify the insolvency process and discuss issues arising in small and medium business bankruptcy and insolvency matters. The speakers will also touch upon how individual bankruptcy and insolvency can impact on family disputes Chair: Robert M. Creamer, Q.C., Lawson Creamer Speakers: Justice Darrell J. Stephenson, Court of Queen’s Bench of NB, Robert M. Creamer, Q.C., Lawson Creamer & Robert Powell, Powell Associates Ltd. (FRENCH with SI) This session will cover how CERB will affect loss of income claims, the impact of a delayed return to work as a result of Personal Injury in a Pandemic: COVID-19, interruptions in treatment and the responsibility to mitigate, valuable services in a pandemic, and other topics The Effects of COVID-19 on touching on evidence, limitation periods and delays as a result of COVID-19. Personal Injury Litigation Chair: Katherine Toner, Stewart McKelvey Speaker: William J. Collette, Q.C., Murphy Collette Murphy BREAK 2:30 pm PROFESSIONAL DEVELOPMENT (1.5 credits ea.) 3:00 pm (ENGLISH with SI) On December 19, 2019 the Supreme Court of Canada released the Vavilov decision setting out a revised approach of the Standard of Review in 2021 – standard of review previously set out in Dunsmuir. A year later, what does this new framework look like and has the standard Simplified in Vavilov? What Does of review really been simplified? Join these speakers to get up to speed on the developments and what the standard of review it Look Like Today? looks like today. Chair: Crystal Critch, Court of Appeal of NB Speakers: Keith Mullin, Office of the Attorney General & Michael D. Marin, University of New Brunswick (FRENCH with SI) The objective of the session is to survey three areas of law, namely real estate transactions, family law, and wills and estate law. Back to Basics – Wills and The target audience for this session is lawyers seeking a refresher in basic legal principles & young lawyers. Estates, Real Estate Chair: Danielle Kershaw, Law Society of NB Transactions and Family Law Speakers: Lyne Raymond, Q.C., Humphrey Raymond, J. Nathalie Thibault, Whelly & Company & Marilyne St-Laurent, Hum- phrey Raymond
THURSDAY February 4, 2021 PROFESSIONAL DEVELOPMENT (1.5 credits ea.) 8:30 am (ENGLISH with SI) Embracing technology in your practice is no longer a “nice option”, or something you think is good to know or have; it has become Technology in the Courts & in a reality given the current Covid-19 pandemic. In this session, speakers will discuss how technology has influenced our work, Your Office whether it be in court, in our offices, or in our home offices, and how we can all adjust to this new reality. Chair: Maya A. Hamou, Court of Queen’s Bench of NB Speakers: Barbara Kincaid, General Counsel of SCC Court Operations, Ottawa & Tara Vasdani, Remote Law Canada (FRENCH with SI) The federal government has adopted a bill to amend the Divorce Act. The changes seek to address shortcomings with respect Amendments to the Divorce Act to the best interests of the child, spousal and family violence, poverty, and access to justice. In this webinar, we will examine the changes that will come into effect on March 1, 2021, and their presumed effect on New Brunswick families. Chair: Émilie Goiziou, Tandem Law Speaker: Marie-Hélène Haché, Tandem Law BREAK 10:00 am PROFESSIONAL DEVELOPMENT (1.5 credits ea.) 10:30 am (ENGLISH with SI) The Supreme Court has called upon our criminal justice system and all participants within it to take reasonable steps to address Systemic Racism in the Justice systemic biases, prejudices and stereotypes against Indigenous peoples and other racialized Canadians. This session will System present a thoughtful conversation on systemic racism in our justice system from New Brunswick’s perspective. Chair: Charles E. Murray, Office of the Ombud Speakers: The Hon. Judith Keating, Senator, Senate of Canada, The Hon. Graydon Nicholas, CM, ONB & Naiomi Metallic, Burchells LLP (FRENCH with SI) In this session we will provide an update of both recent and upcoming changes in the Lang Registry unit, as well as an overview Land Registry : Operational of the PLANET Browser. Come and learn some helpful tips to fully benefit from its functionality. Update and PLANET Browser Chair: Serge Gauvin, Service New Brunswick Demonstration Speaker: Eric Nadeau, Service New Brunswick LUNCH BREAK 12:00 pm PROFESSIONAL DEVELOPMENT (1.5 credits ea.) 1:00 pm (ENGLISH with SI) In this session, we will explore the interplay between the necessity to maintain strong public health measures while entrenching Civil Liberties During a as little as possible on civil rights. You can expect a discussion around Charter rights, such as mobility, the right to demonstrate Pandemic: How Far Can and protest, discrimination, language rights, and more. Governments Go? Chair: Kelly Lamrock, Q.C., Lamrock’s Law Speakers: Kerri Froc, University of New Brunswick and Michael Bryant, Canadian Civil Liberties Association (FRENCH with SI) The spread of COVID-19 across the world has had many impacts on issues related to the workplace. Recognizing the many Is COVID-19 in the Workplace differences between provinces, and even regional differences in our own province, what remains constant is that many employers a Thing of the Past, Present or and employees have been impacted by the pandemic in all kinds of ways. This panel will review some of these issues, both from Future? an employer’s perspective as well as from an employee and union point of view. Chair: Michelle S. Brun-Coughlan, Office of the Attorney General Speakers: J. Danie Roy, Danie Roy Avocats Lawyers, Justin Wies, Office of the Attorney General & Joël Michaud, Pink Larkin BREAK 2:30 pm PROFESSIONAL DEVELOPMENT (1.5 credits ea.) 3:00 pm (ENGLISH with SI) The speakers in this session will discuss recent developments in jury trials. They will touch on the revamped jury selection Jury Trials process and the conduct of jury trials in the context of the Covid-19 pandemic. Chair: Deloras O’Neill, Q.C., Court of Queen’s Bench of NB Speakers: Brian D. Munro & Jill Knee, Office of the Attorney General (FRENCH with SI) The COVID 19 pandemic has forced many of us to adjust our practices to the reality of teleworking, often in circumstances that Working From Home: Unrealistic are less than ideal. Some have managed to maintain both productivity and a healthy work life balance through this transition, or the New Normal? while others are finding it more challenging. This session will offer various perspectives as well as practical tips on best—and worst—practices. Chair: Mélanie C. Tompkins, City of Saint John Speakers: Chantal A. Thibodeau, Q.C., Stewart McKelvey, Enrico Scichilone, Actus Law Droit & Maria Panezi, University of New Brunswick
REMOVING THE MASK LUCIEN’S NORTH SHORE EXPLAINED THURSDAY February 4, 2021 6 pm - 7 pm New Brunswick humorist Marshall Button will present a lively, bilingual, and entertaining resumé of his hometown of Dalhousie, focussing on the mid-1960s to present day. Dalhousie has experienced both boom and bust, and often serves as metaphor for New Brunswick Canada, and factory towns through out the industrialized world. The keynote will feature both Marshall as narrator, and his character Lucien. They will present in both official languages, although at times, both at once. Marshall will share experiences travelling across Canada and overseas over the past 36 years, deliv- ering a portrait of his province to both ex-pat east coasters, and new audiences throughout his 2,000+ performances. FRIDAY February 5, 2021 PROFESSIONAL DEVELOPMENT (1.5 credits ea.) 8:30 am (ENGLISH with SI) This session will cover tax issues for lawyers who are not trained in tax but whose practice may be impacted by tax considerations Accounting & Tax for Non-Tax – such as family law lawyers and litigators. It will cover tax issues to consider when settling family and other disputes. It will also Lawyers cover issues such as the anatomy of a tax dispute with CRA and how and when to involve a tax professional. Chair: Brent McCumber, Stewart McKelvey Speakers: Karen D. Stilwell, Connors Stilwell & Matt E. Mahoney, Connors Stilwell (FRENCH with SI) This session will address the latest developments regarding health care directives, including a discussion of the legal and medical Health Care Directives test for mental capacity. Chair: Julie LeBlanc Hultberg, Stewart McKelvey Speaker: Monica L. Barley, Actus Law Droit BREAK 10:00 am PROFESSIONAL DEVELOPMENT (1.5 credits ea.) 10:30 am (ENGLISH with SI) A discussion around the changing legal landscape in the construction industry addressing the repeal of the Mechanics Lien Act Construction Remedies Act and its replacement with the Construction Remedies Act. Chair: Dale T. Briggs, Cox & Palmer Speakers: Connor R. O’Neil, Stewart McKelvey & Dale T. Briggs, Cox & Palmer (FRENCH with SI) The Chief Justice of the Court of Appeal of New Brunswick, the Chief Justice of the Court of Queen’s Bench and the acting Chief Tips & Tricks Before the New Judge of the Provincial Court will offer various tips as well as certain practices to avoid in cases before the Courts. Brunswick Courts Chair: Katherine Toner, Stewart McKelvey Speakers: Chief Justice J. C. Marc Richard, Court of Appeal of NB, Chief Justice Tracey K. DeWare, Court of Queen’s Bench of NB & Acting Chief Judge Mary Jane Richards, Provincial Court of NB
REGISTRATION FORM CBA-NB MidWinter Meeting February 3-5, 2021 Virtual Conference (zoom) DELEGATE INFORMATION CBA Member No:_____________________Name : _______________________________________________________ Firm: ____________________________________________________________________________________________ Full Address: ______________________________________________________________________________________ Telephone: __________________________________________Fax: _________________________________________ E-Mail: __________________________________________________________________________________________ PLEASE SELECT YOUR PD SESSIONS WEDNESDAY February 3, 2021 1:00 PM - 2:30 PM (1.5 credits ea.) ___ (EN with SI) Guidance on Bankruptcy and Insolvency Matters ___ (FR with SI) Personal Injury in a Pandemic: The Effects of COVID-19 on Personal Injury Litigation 3:00 PM - 4:30 PM (1.5 credits ea.) ___ (EN with SI) Standard of Review in 2021 – Simplified in Vavilov? What Does it Look Like Today? ___ (FR with SI) Back to Basics – Wills and Estates, Real Estate Transactions and Family Law THURSDAY February 4, 2021 8:30 AM - 10:00 AM (1.5 credits ea.) ___ (EN with SI) Technology in the Courts & in Your Office ___ (FR with SI) Amendments to the Divorce Act 10:30 AM - 12:00 PM (1.5 credits ea.) ___ (EN with SI) Systemic Racism in the Justice System ___ (FR with SI) Land Registry: Operational Update and PLANET Browser Demonstration 1:00 PM - 2:30 PM (1.5 credits ea.) ___ (EN with SI) Civil Liberties During a Pandemic: How Far Can Governments Go? ___ (FR with SI) Is COVID-19 in the Workplace a Thing of the Past, Present or Future? 3:00 PM - 4:30 PM (1.5 credits ea.) ___ (EN with SI) Jury Trials ___ (FR with SI) Working from Home: Unrealistic or the New Normal? FRIDAY February 5, 2021 8:30 AM - 10:00 AM (1.5 credits ea.) ___ (EN with SI) Accounting & Tax for Non-Tax Lawyers ___ (FR with SI) Health Care Directives 10:30 AM - 12:00 PM (1.5 credits ea.) ___ (EN with SI) Construction Remedies Act ___ (FR with SI) Tips & Tricks Before the New Brunswick Courts LET US KNOW IF YOU PLAN TO ATTEND: ___ AGM (Tuesday at 2 pm) ___ KICKOFF & KEYNOTE ADDRESS by The Rt. Hon. Richard Wagner, P.C., Chief Justice of Canada (Wednesday at noon) ___ SOCIAL EVENT - Removing the Mask, Lucien’s North Shore Explained (Thursday at 6 pm)
REGISTRATION FEES REGULAR PRICE Register on or after January 8, 2021 FULL PROGRAM CBA Member: $315.00 + 15%HST = $362.25 CBA Young Lawyer: (>5 yrs) $195.00 + 15%HST = $224.25 CBA Student Member: $120.00 + 15%HST = $138.00 Non CBA Member: $472.50 + 15%HST = $543.38 PARTIAL PROGRAM ONE HALF-DAY (2 sessions of your choice) CBA Member: $120.00 + 15%HST = $138.00 Non CBA Member: $240.00 + 15%HST = $276.00 TWO HALF-DAYS (4 sessions of your choice) CBA Member: $200.00 + 15%HST = $230.00 Non CBA Member: $398.00 + 15%HST = $457.70 THANK YOU TO OUR SPONSORS Law Society of New Brunswick Libraries (FR with SI)* - French Session with Simultaneous Interpretation Services Available (EN with SI)* - English Session with Simultaneous Interpretation Services Available Please submit this registration form to: CBA-NB • 422 York St. • Fredericton, NB E3B 3P7 • Fax: 506.459.7959 Contact us: admin@cbanb.com • 506.452.7818 Registration Fee Refund Policy: 20% administration charge on all cancellations received on or before Jan. 27, 2021. All cancellations must be in writing. No refunds after Jan. 27, 2021. PERSONAL INFORMATION CONSENT The CBA’s programs are supported by preferred suppliers, sponsors and exhibitors. Subject to the following paragraph, I understand that the provision of contact information on this form constitutes my consent to such information being disclosed to the preferred suppli- ers, sponsors and exhibitors of this program. For further information about the CBA’s treatment of personal information, see the Mem- bers’ Privacy Policy at www.cba.org. By checking this box I do not wish my contact information disclosed to the preferred suppliers, sponsors and exhibitors of this program. I understand my name will not appear on the delegates list. METHOD OF PAYMENT (due with registration) For Office Use Only: Cheque Visa Mastercard American Express Imis:___________________ Card No. ________________________________________________________ Cheque #:______________ Expiry date___________________Security Code (3#)____________________ Receipt #:______________ Authorized Signature ______________________________________________ Invoice #:_______________
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