Wednesday

OBA'S Institute 2019 Wednesday, February 6, 2019

Personalize your experience at OBA’s Institute by selecting from over 30 CPD programs and special events created by leading experts and specialists. Current, practical and dynamic programming is available to you.

Questions about registration? registrations@oba.org

8:30 am to 10:30 am

CHILD & YOUTH LAW

NAVIGATING THE CHALLENGES OF CANNABIS AND YOUTH

With recreational use of cannabis coming in October 2018, and medicinal use already available, join us to explore the legal issues and challenges that arise in the application of these laws as they apply to youth. Our expert faculty will share the latest updates and practical insights to ensure you have the knowledge you need to best represent your clients, whether they are young people or others interacting with them.

CLASS ACTIONS

COSTS AND LITIGATION FUNDING IN CLASS ACTIONS LAW IN CANADA

When it comes to class actions, costs regimes vary across Canada. Ontario follows the traditional two-way costs regime while other jurisdictions like British Columbia have adopted a no cost regime. BC recently reaffirmed this rule in amendments to its Class Proceedings Act, at a time when Ontario is about to consider its own amendments.

The issue of costs has become one of the most contentious aspects of Ontario’s class proceedings. Recent multi-million dollar costs awards have alarmed some while reassuring others. Ontario’s solution, the Class Proceedings Fund, has provided protection at an added cost to class members in a number of cases. The ripple effects of significant costs awards, and the absence and impracticality of financial support from the Class Proceedings Fund in all cases have led to the advent of private third party funding.

Join our panel of experts as they discuss third party funding, engage in a comparative analysis of the costs regimes, and debate where Ontario is, and should be, headed.

PENSIONS & BENEFITS LAW

Current Issues in Pensions and Benefits Law: Benefits, Plan Members and the New Regulator

Join us as we delve into new and exciting areas of pensions and benefits law. Our experienced faculty will cover distinct and discrete topics that will bring you up to speed in areas that are important to your practice. This year at Institute, we will examine current issues in employee and retiree benefits, pension plan member issues and take a peak into the Financial Services Regulatory Authority (FSRA), the new Ontario pensions regulator.  

Register now to ensure you are up to date and providing timely advice to your clients. 

YOUNG LAWYERS DIVISION

TAKE CONTROL OF YOUR CAREER: HARD WORK IS NOT ENOUGH

Advancement in your career requires more than just hard work. As a lawyer, you must develop a diverse range of skills to help set you apart from your colleagues, and to carve out your own unique path.

Join our inspirational panel of legal professionals who will share their insights on business development, priority management, and reputation building. Gain key strategies to help propel you out of your comfort zone, become more client-centered, a problem solver and a champion of self-care.

11:00 AM TO 1:00 PM

EDUCATION LAW

CURRENT TRENDS AND EMERGING ISSUES IN STUDENT DISCIPLINE

It has been a decade since substantial changes to Part XIII of the Education Act on behaviour, discipline and safety came into force. How has the disciplinary landscape evolved? What current issues and challenges are school boards and students experiencing? Join our expert faculty to get up to speed on the latest trends and current initiatives, and ensure you have the expertise you need to navigate this important area of education law.

ELDER LAW

PERSONAL INJURY AND ELDER LAW: PRACTICE, POLICY AND PROCEDURE

Canada’s population is aging with baby boomers enjoying longer life expectancies. As this demographic grows, the legal issues surrounding elders and personal injury are evolving and expanding. Join our learned faculty as they address personal injury claims involving elders and elder care institutions. Stay ahead of the curve in this specialized field by understanding the role of the coroner, the Wettlaufer Inquiry, litigation trends, and key cases from experienced counsel. Round out your knowledge by using the debriefing period to get answers to your critical questions.

INTERNATIONAL LAW / TAXATION LAW

INTERNATIONAL TAXATION – ISSUES AND CHALLENGES IN A FLUID GLOBAL LANDSCAPE

Over the past year, there have been significant shifts in global trade winds. Anti-dumping duties, tariffs, and extensive U.S. tax reform have led to complicated supply chains for any business that relies on international supply chains. Our experts in both trade and tax strategy will help you understand how to navigate these shifting tides and how to best position your clients to not get swept away into the embrace of the CRA or the CBSA. Learn from their insight on conflicting considerations and CBSA practical guidance and implications in the context of transfer pricing.

Explore the recent 2018 U.S. tax reforms, including tax impacts and planning issues, in the context of investment protection rights and treaty shopping and review the potential exposure on changes to NAFTA. You will also hear about ongoing negotiations amongst Canadian and U.S. officials and impending developments as a result of same. Join us to secure a grasp of the current landscape so you can prepare for what comes next.

PUBLIC SECTOR LAWYERS

Mastering Regulatory Inspections and Investigations

Many regulators, whether responsible for the regulation of professions, trades or consumer protection, have the authority to conduct both routine examinations and inspections, as well as investigations of alleged misconduct. How do these processes differ from one another? What should counsel be aware of when an inspection transitions into an investigation?  

Whether you represent investigating bodies or subjects of investigations, join us to explore the intricacies of this unique legal area, and gather valuable best practices to enhance your expertise.

2:30pm to 4:30pm

ALTERNATIVE DISPUTE RESOLUTION

LITIGATION RISK ASSESSMENT: USING QUANTITATIVE PROBABILITY ANALYSIS TO ASSESS SETTLEMENT OFFERS

How can you more accurately predict the value of your client's claim, and critically assess the reasonableness of BATNAs and settlement offers? Whether you are a litigator or a mediator, join us to gather the essential knowledge and skills you need to move away from vague and unhelpful qualitative assessments (e.g., “a good chance of success”) towards a more thorough quantitative probability analysis.

Our expert faculty will share valuable insights and critical guidance on how to calculate and communicate litigation risk in the context of mediation. This will assist you and your clients in better understanding the comparative value of settlement offers vis-à-vis expected court outcomes.

CANNABIS BUSINESS

CANNABIS IN A BUSINESS

There is a great deal of misconception and confusion in the industry over the new Cannabis Act. What is legally “cannabis” under the Act? What does regulation of cannabis actually look like? How should advertising of cannabis differ in Quebec? Make sure you have a complete and clear understanding of this new legislation so you can advise your clients on what they need to know, to ensure they are compliant when starting their new business ventures.

  • What is legally “cannabis” under the Act?
  • Licensing, permits and other legal considerations for getting the business started
  • Taking a cannabis company public: key considerations 
  • Legal issues on the retail side:  how do these vary from jurisdiction to jurisdiction?
  • Advertising, branding and promotion:  
    • What is acceptable promotion of cannabis in this highly regulated environment?
    • What you need to know when advertising in Quebec

CONSTITUTIONAL, CIVIL LIBERTIES & HUMAN RIGHTS LAW

BENEFITS AND AGE 65: LIFE AFTER TALOS

In May 2018, the Ontario Human Rights Tribunal broke new ground in its decision Talos v. Grand Erie District School Board. The Tribunal found that due to the interplay of s. 25(2.1) of the Human Rights Code and a regulation under the Employment Standards Act, 2000, an employer violates section 15 of the Canadian Charter of Rights and Freedoms when they cut an employees’ health, dental, and life insurance benefit packages at age sixty-five.

Critical jurisprudence raises many unanswered questions, and this case is no exception. How will this case impact not only employers and employees, but also insurers and governments in Ontario? Join our expert panel to assess this important decision, break down the issues, and have your questions answered.

SOLE, SMALL FIRM & GENERAL PRACTICE

GETTING THE CLIENTS YOU WANT KNOCKING ON YOUR DOOR

Come find out how best to optimize your client recruitment efforts to attract the types of clients you want. From traditional tried and true strategies to outside the box new ideas, find out what is working for your peers and what you can do to get your name out there so that clients will come looking for you. Stay on top of the most up-to-date marketing, advertising, and promotional trends as your peers reveal their tips and strategies that can help you optimize your client recruitment efforts to attract the clients you want and keep you firm busy and profitable. Take advantage of insight from your peers regarding key promotion strategies, including: 

  • Top tips for creating a marketing plan that fits your practice.
  • Creative promotional strategies verses traditional advertising and marketing tools: Which ones really work to help grow your small firm or solo practice?
  • Assessing your marketing needs by balancing the costs with potential profit gains: What are reasonable marketing expenses and how much business can you realistically expect to generate?
  • Generating social media buzz to get your name out there.
  • Effectively growing and utilizing your social network.
  • Packaging legal services into a saleable and scalable product.
  • Helping prospective clients understand your value: The art of the consultation

5:15 PM TO 7:15 PM

LAW PRACTICE MANAGEMENT

OPEN FOR BUSINESS: KEYS TO STARTING A LAW FIRM

Are you thinking about starting your own firm? Take the first step with us! Our expert panel will guide you through a practical approach to essential components of starting your own practice. Come away with a better understanding of what you need to know to set the right foundation for a successful law practice. Avoid common start-up pitfalls, gain a better understanding of various practice models, and obtain insights into what resources are available to help you reach your milestones. Walk away with tools for:

  • Bookkeeping best practices, preparing for an audit
  • Identifying and avoiding conflicts of interest
  • Starting your own practice – top 10 mistakes and how to avoid them
  • Client file organization
  • Retention of lawyers
  • Intergenerational issues within law firms
  • Equality, diversity and inclusion best practices for law firms

OBA-BC Joint Program

Incorporating the Calls to Action in Your Organization’s Business Plan

Discover how you can introduce initiatives in your law firm or organization to contribute meaningfully to reconciliation between Indigenous and non-Indigenous peoples. Our speakers will help you develop an action plan to build cultural awareness, create employment for Indigenous peoples, support the development of Indigenous-owned businesses and advocate for reconciliation efforts.

Join us to gain a better understanding of Indigenous histories, cultures, laws, legal orders which are an essential part of representing and working with all members of our communities.

WOMEN LAWYERS FORUM

The Journey Continues: Pathways to Power for Women in Law

Join us for the "best of the best" of the Women Lawyers Forum's successful Pathways to Power series. These popular programs provide advice and insights on ways to advance and support women lawyers.  

Our experts will revisit hot topics covered so far in the series (women in politics, women on the bench, women on board, general and in-house counsel, female founders in law, and women in international law) and provide helpful tips and tricks on how women can reach their professional goals. Even if you came to our original programs, you will leave this session with new insights and advice to take with you to put into practice.