Ontario Legal Conference Family, Trusts & Estates Law

Date: Wednesday, February 8, 2023 9:00 AM to 4:00 PM - Thursday, February 9, 2023 9:00 am - 12:00 PM
Location: 200-20 Toronto Street, Toronto ON 

From estate and business planning to marriage and separation, planning for life’s changes brings a myriad of legal issues impacting families. As our clients’ professional and personal lives become more complicated, the legal ramifications for their business and family interests also become increasingly intertwined.

Join us for this unique event as we bring together lawyers practising in estates, family, corporate and other legal areas, to unravel the complexities, examine recent developments and better understand the impacts of other legal areas on your practice, including:

  • Unique issues for blended families with business interests
  • Intersecting and practical considerations when using family trusts
  • Using mediation in intergenerational disputes: professionalism and ethical considerations for counsel
  • Estates and family law considerations for surrogacy arrangements and multi-parent families
  • Bankruptcy and family law
  • Business succession planning: best practices for estates planning and corporate assets and corporate wind-ups upon death
  • Practical considerations for wills and trusts for business owners

Don’t miss this comprehensive event that will pack your legal toolkit with the key information you need to provide your clients with relevant and timely advice.

ALL STREAMS

Wednesday, February 8, 2023

Join our expert panel of estates, family, and corporate lawyers as they share valuable insights on how critical issues in their own practice impact or are impacted by the other legal areas. In discussing what each lawyer wished other lawyers knew about their areas of practice, this useful plenary will serve as an informative backdrop to issues that will be discussed throughout the other sessions of this program.

Speakers and Moderator

Aaron Franks, Epstein Cole LLP
Emma Katz, Kelly D. Jordan Family Law Firm (Moderator)
Michael D. Segal, Michael Segal Professional Corporation
Tanisha Tulloch, Torkin Manes LLP

Find out about the year’s most important and relevant SCC and Court of Appeal decisions impacting family law

Speaker

Maryellen Symons, Symons Law

  • Setting up your corporation for succession planning from the beginning
    • Minute books
    • Contemplating shareholder agreements
    • Liability issues
  • Planning for temporary or permanent incapacity or significant health issues through shareholder agreements
  • Using corporate life insurance for estate planning purposes
    • Tax implications for corporate life insurance
  • Family members as shareholders and the use of Family Constitutions as a planning tool
  • Professionalism and ethical issues
    • Retainer issues
    • Conflicts of interest
    • Dealing with incapacity

Speakers and Moderator

Michele Allinotte, Journey Law Professional Corporation
Hilary Leitch, Lerners LLP
Samantha Prasad, Minden Gross LLP
Kathleen Robichaud, Law Office of Kathleen Robichaud (Moderator)

Join our experts as they take you through a quick journey through family and other related statutes and regulations and share substantive and procedural provisions that you might not realize are available to assist you in your practices.

Speakers

Vanessa Lam, Lam Family Law
Shmuel Stern, Disclosure Clinic

While technology has revolutionized the definition of a family, what complex legal issues need to be considered and addressed? From what happens to genetic material on separation or death to surrogacy arrangements, our panelists will discuss best practices to ensure clarity in your clients’ family and estate plans.

Speakers and Moderator

Brendan Donovan, Donovan Kochman LLP
Emma Katz, Kelly D. Jordan Family Law
Erin Lepine, Nelligan O’Brien Payne LLP
Sheila Morris, Miller Thomson LLP (Moderator)

  • First steps: looking for the appropriate documents and agreements
  • What will happen to the corporation or business?
    • Winding up and dissolution of federal and Ontario provincial corporations
    • Other options
  • Income tax considerations upon death of a major shareholder
  • Special considerations for professional corporations

Speakers and Moderator

Aaron Grinhaus, Grinhaus Law Firm
Charlotte McCurdy, Perley Robertson, Hill & McDougall LLP
Kathleen Robichaud, Law Office of Kathleen Robichaud (Moderator)
Howard Wasserman, Segal GCSE LLP

  • Business valuation and disclosure issues
    • Notable valuation issues for sole proprietors, majority/minority shareholder structures
    • Questions to ask and disclosure to provide to your valuator – making effective use of your valuator
    • Mixing the personal with the business – impact of pulling personal expenses from the business and other cautions
  • Helpful insights for your separation agreement or minutes of settlement
  • Professionalism and Ethical Issues
    • Joint retainers – best practices
    • Your obligations re: ILA on separation agreements negotiated by third parties
    • Setting the boundaries of your practice area

Speakers and Moderator

Fareen Jamal, Jamal Family Law
Matthew Krofchick, Krofchick Valuations
Erica Tait, McCarthy Hansen and Company LLP
Zahra Taseer, Simpson Taseer LLP (Moderator)

The area of trusts and estates law is no stranger to significant developments. In this session, we’ll discuss some of the procedural changes to trusts and estates law including the updated Ontario probate forms, the new trust information reporting rules and increased audit activity by Canada Revenue Agency of trusts and estates. Our speakers will also share what they believe the future implications of these procedural changes.

Speakers and Moderator

Pritika Deepak, Fasken Martineau DuMoulin LLP
Krystyne Rusek, Pallett Valo LLP
Alexandra (Ali) Spinner, Crowe Soberman LLP
Demetre Vasilounis, Fasken Martineau DuMoulin LLP (Moderator)

  • Helpful provisions in domestic contracts and wills to solidify spousal wishes and arrangements
  • Matrimonial home possession considerations
  • Family Law Act elections
  • Securing Support: Effective use of life insurance clauses
  • Spousal support considerations

Speakers and Moderator

Jennifer Corak, Minden Gross LLP (Moderator)
Aly Virani, Blaney McMurtry LLP
Kathleen Wright, Mann Lawyers LLP

In this session, we will discuss the key factors that business owners ought to consider at the actual will-drafting stage, including:

  • Choosing the right estate trustee and how to otherwise structure control of the business
  • The use of dual wills to reduce probate taxes
  • The use of spousal trusts, family trusts and/or individual trusts to hold shares of the business
  • Clauses and mechanisms to protect intergenerational wealth
  • Other planning for the business inside and outside of the will to ensure that the client’s intent is effectively being realized

Speakers and Moderator

Andrew Jeffery, Northwood Family Office
Kavina Nagrani, NIKA Law LLP
Tamar Silverbrook, Fasken Martineau DuMoulin LLP
Demetre Vasilounis, Fasken Martineau DuMoulin LLP (Moderator)

Join our expert panel as they discuss how mediation can be an effective tool to manage legal issues and personal relationships that arise when they span across practice areas and generations, including:

  • Factors that commonly prevent families from successfully navigating the stresses of aging, illness and the transfer of family responsibilities and wealth between generations
  • How family dynamics play into family conflict and strategies for responding to them
  • Your role as counsel
    • When and how to use the mediation process to help the high-conflict and the highly emotional client
    • Preparing yourself and your client for a successful mediation
  • Intergenerational mediation to address family, estates and business issues – dealing with competing interests

Speakers and Moderator

The Honourable Mary Jo Nolan, Nolan Mediation (Windsor)
Arthur Fish, Arthur Fish Mediation
Maneesha Mehra, Carson Chousky Lein LLP (Moderator)
Alexander Procope, Perez Bryan Procope LLP (Moderator)

Thursday, February 9, 2023

  • Important considerations when bringing a family business into common-law relationships, first marriage and subsequent marriages
  • Tandem agreements: insights on using domestic contracts, wills and shareholder agreements to solidify your family and business arrangements and implications when these documents do not exist on affected parties
  • Support issues on separation and death in blended families: important considerations and provisions to include in your order or agreement
  • Professionalism issues
    • Liability considerations
    • Limitations of confidentiality
    • Working with lawyers who are addressing various legal issues
    • Conflicts of interests

Speakers and Moderator

Kathy Batyky, Stoner & Company Family Law (Hamilton) (Moderator)
Lori Duffy, McCarthy Tétrault LLP
Shawn Richard, A. Shawn Richard Family & Estate Law
Avra Rosen, Rosen Sack LLP

 

  • Impact of bankruptcy on family law claims and orders
  • Bankruptcy paperwork
  • Dealing with the Trustee
  • Equalization payments and Trustees

Speakers and Moderator

Jennifer Daudlin, Daudlin Law Professional Corporation (Moderator)
Robert A. Klotz, Klotz Associates
Hans Rizarri, Crowe Soberman LLP

Get a critical update on recent decisions, legislative changes and other developments in trusts and estates law.

Speaker

Rebecca Kennedy, Adair Goldblatt Bieber LLP

When planning your client’s estate, there are lots of considerations. Join our experienced estate speaker as they offer their tips and tricks:

  • how to lessen tax implications
  • advising on choosing an executor
  • addressing and incorporating your client’s wishes

Speakers and Moderator

Katy Basi,Basi Law Professional Corporation (Richmond Hill)
Jennifer Corak, Minden Gross LLP (Moderator)

A follow-up to our popular 2021 panel, join our expert faculty as they take a closer look at the intersecting issues and considerations impacting family matters, estate planning and corporate structures when using family trusts, including:

  • Why a family trust: strategic and practical consequences for business, estates and family arrangements when choosing trusts, including:
  • Choosing trustees
  • Support and valuation issues upon separation
    • Disclosure considerations
    • Beneficiary interests
    • Dependent support
  • Professionalism and ethical issues arising from family trusts

Speakers and Moderator

Sarah Boulby, Boulby Weinberg LLP
Danielle Joel, Borden Ladner Gervais LLP
Christine Marchetti, Marchetti Lee LLP (Burlington) (Moderator)
Margaret E. Rintoul, Blaney McMurtry LLP

FAMILY STREAM

Wednesday, February 8, 2023

Join our expert panel of estates, family, and corporate lawyers as they share valuable insights on how critical issues in their own practice impact or are impacted by the other legal areas. In discussing what each lawyer wished other lawyers knew about their areas of practice, this useful plenary will serve as an informative backdrop to issues that will be discussed throughout the other sessions of this program.

Speakers and Moderator

Aaron Franks, Epstein Cole LLP
Emma Katz, Kelly D. Jordan Family Law Firm (Moderator)
Michael D. Segal, Michael Segal Professional Corporation
Tanisha Tulloch, Torkin Manes LLP

Find out about the year’s most important and relevant SCC and Court of Appeal decisions impacting family law

Speaker

Maryellen Symons, Symons Law

Join our experts as they take you through a quick journey through family and other related statutes and regulations and share substantive and procedural provisions that you might not realize are available to assist you in your practices.

Speakers

Vanessa Lam, Lam Family Law
Shmuel Stern, Disclosure Clinic

While technology has revolutionized the definition of a family, what complex legal issues need to be considered and addressed? From what happens to genetic material on separation or death to surrogacy arrangements, our panelists will discuss best practices to ensure clarity in your clients’ family and estate plans.

Speakers and Moderator

Brendan Donovan, Donovan Kochman LLP
Emma Katz, Kelly D. Jordan Family Law
Erin Lepine, Nelligan O’Brien Payne LLP
Sheila Morris, Miller Thomson LLP (Moderator)

  • Business valuation and disclosure issues
    • Notable valuation issues for sole proprietors, majority/minority shareholder structures
    • Questions to ask and disclosure to provide to your valuator – making effective use of your valuator
    • Mixing the personal with the business – impact of pulling personal expenses from the business and other cautions
  • Helpful clauses to include in your separation agreement or minutes of settlement
  • Professionalism and Ethical Issues
    • Joint retainers – best practices
    • Your obligations re: ILA on separation agreements negotiated by third parties
    • Setting the boundaries of your practice area

Speakers and Moderator

Fareen Jamal, Jamal Family Law
Matthew Krofchick, Krofchick Valuations
Erica Tait, McCarthy Hansen and Company LLP
Zahra Taseer, Simpson Taseer LLP (Moderator)

  • Family Law Act elections
  • Matrimonial home possession considerations
  • Spousal support considerations
  • Securing Support: Effective use of life insurance clauses
  • Helpful provisions in domestic contracts and wills to solidify spousal wishes and arrangements

Speakers and Moderator

Jennifer Corak, Minden Gross LLP (Moderator)
Aly Virani, Blaney McMurtry LLP
Kathleen Wright, Mann Lawyers LLP

Join our expert panel as they discuss how mediation can be an effective tool to manage legal issues and personal relationships that arise when they span across practice areas and generations, including:

  • Factors that commonly prevent families from successfully navigating the stresses of aging, illness and the transfer of family responsibilities and wealth between generations
  • How family dynamics play into family conflict and strategies for responding to them
  • Your role as counsel
    • When and how to use the mediation process to help the high-conflict and the highly emotional client
    • Preparing yourself and your client for a successful mediation
  • Intergenerational mediation to address family, estates and business issues – dealing with competing interests

Speakers and Moderator

The Honourable Mary Jo Nolan, Nolan Mediation (Windsor)
Arthur Fish, Arthur Fish Mediation
Maneesha Mehra, Carson Chousky Lein LLP (Moderator)
Alexander Procope, Perez Bryan Procope LLP (Moderator)

Thursday, February 9, 2023

  • Important considerations when bringing a family business into common-law relationships, first marriage and subsequent marriages
  • Tandem agreements: insights on using domestic contracts, wills and shareholder agreements to solidify your family and business arrangements and implications when these documents do not exist on affected parties
  • Support issues on separation and death in blended families: important considerations and provisions to include in your order or agreement
  • Professionalism issues
    • Liability considerations
    • Limitations of confidentiality
    • Working with lawyers who are addressing various legal issues
    • Conflicts of interests

Speakers and Moderator

Kathy Batyky, Stoner & Company Family Law (Hamilton) (Moderator)
Lori Duffy, McCarthy Tétrault LLP
Shawn Richard, A. Shawn Richard Family & Estate Law
Avra Rosen, Rosen Sack LLP

 

  • Impact of bankruptcy on family law claims and orders
  • Bankruptcy paperwork
  • Dealing with the Trustee
  • Equalization payments and Trustees

Speakers and Moderator

Jennifer Daudlin, Daudlin Law Professional Corporation (Moderator)
Robert A. Klotz, Klotz Associates
Hans Rizarri, Crowe Soberman LLP

A follow-up to our popular 2021 panel, join our expert faculty as they take a closer look at the intersecting issues and considerations impacting family matters, estate planning and corporate structures when using family trusts, including:

  • Why a family trust: strategic and practical consequences for business, estates and family arrangements when choosing trusts, including:
  • Choosing trustees
  • Support and valuation issues upon separation
    • Disclosure considerations
    • Beneficiary interests
    • Dependent support
  • Professionalism and ethical issues arising from family trusts

Speakers and Moderator

Sarah Boulby, Boulby Weinberg LLP
Danielle Joel, Borden Ladner Gervais LLP
Christine Marchetti, Marchetti Lee LLP (Burlington) (Moderator)
Margaret E. Rintoul, Blaney McMurtry LLP

TRUST & ESTATES STREAM

Wednesday, February 8, 2023

Join our expert panel of estates, family, and corporate lawyers as they share valuable insights on how critical issues in their own practice impact or are impacted by the other legal areas. In discussing what each lawyer wished other lawyers knew about their areas of practice, this useful plenary will serve as an informative backdrop to issues that will be discussed throughout the other sessions of this program.

Speakers and Moderator

Aaron Franks, Epstein Cole LLP
Emma Katz, Kelly D. Jordan Family Law Firm (Moderator)
Michael D. Segal, Michael Segal Professional Corporation
Tanisha Tulloch, Torkin Manes LLP

  • Updating corporate documents and books
    • Provincial and federal reporting and record-keeping requirements and updates – current obligations and what’s coming up?
    • Liability considerations
  • Choosing between trust and other arrangements
  • Using corporate life insurance for estate planning purposes
  • Tax implications
  • Planning for temporary or permanent incapacity or significant health issues

Speakers and Moderator

Michele Allinotte, Journey Law Professional Corporation
Hilary Leitch, Lerners LLP
Samantha Prasad, Minden Gross LLP
Kathleen Robichaud, Law Office of Kathleen Robichaud (Moderator)

While technology has revolutionized the definition of a family, what complex legal issues need to be considered and addressed? From what happens to genetic material on separation or death to surrogacy arrangements, our panelists will discuss best practices to ensure clarity in your clients’ family and estate plans.

Speakers and Moderator

Brendan Donovan, Donovan Kochman LLP
Emma Katz, Kelly D. Jordan Family Law
Erin Lepine, Nelligan O’Brien Payne LLP
Sheila Morris, Miller Thomson LLP (Moderator)

  • First steps: looking for the appropriate documents and agreements
  • What will happen to the corporation or business?
    • Winding up and dissolution of federal and Ontario provincial corporations
    • Other options
  • Income tax considerations upon death of a major shareholder
  • Special considerations for professional corporations

Speakers and Moderator

Aaron Grinhaus, Grinhaus Law Firm
Charlotte McCurdy, Perley Robertson, Hill & McDougall LLP
Kathleen Robichaud, Law Office of Kathleen Robichaud (Moderator)
Howard Wasserman, Segal GCSE LLP

Trusts law and estates law are no strangers to unexpected developments. Changes in case law, legislation and even client assets can have significant impacts on achieving client goals. Join this session to learn what is new in these areas and what you need to know to stay up to date in your practice.

Speakers and Moderator

Pritika Deepak, Fasken Martineau DuMoulin LLP
Krystyne Rusek, Pallett Valo LLP
Alexandra (Ali) Spinner, Crowe Soberman LLP
Demetre Vasilounis, Fasken Martineau DuMoulin LLP (Moderator)

  • Family Law Act elections
  • Matrimonial home possession considerations
  • Spousal support considerations
  • Securing Support: Effective use of life insurance clauses
  • Helpful provisions in domestic contracts and wills to solidify spousal wishes and arrangements

Speakers and Moderator

Jennifer Corak, Minden Gross LLP (Moderator)
Aly Virani, Blaney McMurtry LLP
Kathleen Wright, Mann Lawyers LLP

  • Choosing an executor - who retains control
  • Dual wills
  • Using spousal trusts and alternatives
  • Clauses and mechanisms to protect intergenerational wealth
  • Planning for your business inside and outside of the will – ensuring your plan can be executed

Speakers and Moderator

Andrew Jeffery, Northwood Family Office
Kavina Nagrani, NIKA Law LLP
Tamar Silverbrook, Fasken Martineau DuMoulin LLP
Demetre Vasilounis, Fasken Martineau DuMoulin LLP (Moderator)

Join our expert panel as they discuss how mediation can be an effective tool to manage legal issues and personal relationships that arise when they span across practice areas and generations, including:

  • Factors that commonly prevent families from successfully navigating the stresses of aging, illness and the transfer of family responsibilities and wealth between generations
  • How family dynamics play into family conflict and strategies for responding to them
  • Your role as counsel
    • When and how to use the mediation process to help the high-conflict and the highly emotional client
    • Preparing yourself and your client for a successful mediation
  • Intergenerational mediation to address family, estates and business issues – dealing with competing interests

Speakers and Moderator

The Honourable Mary Jo Nolan, Nolan Mediation (Windsor)
Arthur Fish, Arthur Fish Mediation
Maneesha Mehra, Carson Chousky Lein LLP (Moderator)
Alexander Procope, Perez Bryan Procope LLP (Moderator)

Thursday, February 9, 2023

  • Important considerations when bringing a family business into common-law relationships, first marriage and subsequent marriages
  • Tandem agreements: insights on using domestic contracts, wills and shareholder agreements to solidify your family and business arrangements and implications when these documents do not exist on affected parties
  • Support issues on separation and death in blended families: important considerations and provisions to include in your order or agreement
  • Professionalism issues
    • Liability considerations
    • Limitations of confidentiality
    • Working with lawyers who are addressing various legal issues
    • Conflicts of interests

Speakers and Moderator

Kathy Batyky, Stoner & Company Family Law (Hamilton) (Moderator)
Lori Duffy, McCarthy Tétrault LLP
Shawn Richard, A. Shawn Richard Family & Estate Law
Avra Rosen, Rosen Sack LLP

Get a critical update on recent decisions, legislative changes and other developments in trusts and estates law.

Speaker

Rebecca Kennedy, Adair Goldblatt Bieber LLP

When planning your client’s estate, there are lots of considerations. Join our experienced estate speaker as they offer their tips and tricks:

  • how to lessen tax implications
  • advising on choosing an executor
  • addressing and incorporating your client’s wishes

Speakers and Moderator

Katy Basi,Basi Law Professional Corporation (Richmond Hill)
Jennifer Corak, Minden Gross LLP (Moderator)

A follow-up to our popular 2021 panel, join our expert faculty as they take a closer look at the intersecting issues and considerations impacting family matters, estate planning and corporate structures when using family trusts, including:

  • Why a family trust: strategic and practical consequences for business, estates and family arrangements when choosing trusts, including:
  • Choosing trustees
  • Support and valuation issues upon separation
    • Disclosure considerations
    • Beneficiary interests
    • Dependent support
  • Professionalism and ethical issues arising from family trusts

Speakers and Moderator

Sarah Boulby, Boulby Weinberg LLP
Danielle Joel, Borden Ladner Gervais LLP
Christine Marchetti, Marchetti Lee LLP (Burlington) (Moderator)
Margaret E. Rintoul, Blaney McMurtry LLP

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