MIDWINTER 2021 - KEEP CALM CARRY ON the midwinter is still on ! - Canadian Bar Association
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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: Stéphanie Luce, McInnes Cooper
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
Speakers: Monica L. Barley, Actus Law Droit & Dr. Pamela Mansfield, Moncton Hospital
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:
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