Fasken Martineau Ottawa Symposium (7th Edition)

June 6, 2017

Location

Fasken Martineau's Symposium provides lawyers with educational seminars for continuing professional development (CPD) and will also be of interest to non-lawyers from private and public sector organizations. This complimentary half-day event may be applied towards the Substantive and Professionalism Hours required by the Law Society of Upper Canada.

  • Learn from recognized legal professionals
  • Network with your peers as you study alongside them
  • Speak and consult with our lawyers

Agenda

  • 8:15 am - 8:50 am
    Registration and Breakfast

  • 8:50 am - 9:10 am
    Trump, Nortel and Ontario Contract Law in 2016*
    Peter Mantas
    In 2016, the Ontario Court of Appeal issued two important decisions regarding contract law. In Singh v. Trump, the court considered unconscionability and misrepresentations. In Re Nortel Networks, the court considered contract interpretation as a matter of mixed law and fact. Both cases came with a backdrop of dramatic and high profile facts.

  • 9:10 am - 9:30 am
    Marketing Compliance in the Digital Economy*
    Leslie Milton
    Online communications are a critical element of effective marketing today. But there are rules that must be complied with. Recent enforcement activities by the Competition Bureau and the Canadian Radio-television and Telecommunications Commission under the Competition Act, CASL and the Telecommunications Act underscore the importance of staying on top of marketing laws and their application to on-line marketing activities. This session will provide a refresher on marketing laws and recent enforcement action involving digital and traditional marketing campaigns.

  • 9:30 am - 9:50 am
    Legal Round Up - Preoccupations with an Online World*
    Sophie Arseneault
    Employers are constantly faced with a number of concerns raised by new technology and social media, including in their own use and their use by employees. Understanding the limits of social media use by employers and responding to inappropriate online conduct by employees is therefore important. While reviewing useful cases on topic, this presentation will provide practical advice for employers in dealing with new media use.

  • 9:50 am - 10:10 am
    Letters of Intent – Risks and Rewards*
    Virginia Schweitzer and Julia Kennedy
    When is a letter of intent useful? When is it a binding contract? Do the courts answer that question the way you think they do? We will explore the purposes and risks of using letters of intent, and review the latest in how the courts interpret these documents – sometimes to the surprise of their authors.

  • 10:15 am - 10:30 am
    Break

  • 10:30 am - 11:30 am
    Common Interest Privilege -- When can legal advice be shared to facilitate a commercial deal without waiving solicitor-client privilege?
    Murray Braithwaite
    The recent Federal Court decision in Iggillis Holdings Inc. v. Canada (National Revenue) held that common interest privilege only applies to cooperation in litigation matters and not to commercial transactions.

    The Iggillis case disagreed with numerous decisions in provincial Superior Courts that have held that where a party to a potential commercial transaction shares (on a confidential basis) legal advice from its lawyers in order to get the other party to enter into the agreement, this disclosure does not waive the first party’s solicitor-client privilege over the legal advice.

    This session will review:

  • The various types of privilege applying to communications with lawyers and how they are affected by Iggillis
  • The potential significance of a different law in the Federal Court than Provincial courts
  • The problem of maintaining privilege when sharing legal advice between a parent and subsidiary corporation
  • The implications for so-called “deal team” privilege
  • The different treatment of common interest privilege in US jurisdictions
    This program contains 1 Professionalism Hour

This Symposium will be presented in English only

Fasken Martineau has been approved as an Accredited Provider of Professionalism Content by the Law Society of Upper Canada.

*Note: The hours from the non-accredited seminars may be applied towards the 9 Substantive Hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada for Ongoing Members.

Cost

This seminar is complimentary

RSVP

Registration is closed.

For more information

Andrea Tulloch
+1 416 868 3329
atulloch@fasken.com