Rebroadcast:
"Last Kick at the Can": Monday, December 15, 2014; Time: 9:00 am – 4:00 pm
(Original course: Monday, April 14, 2014)
Who should attend: Litigation counsel.
Learning level: Intermediate/Advanced
Dig deeper into the advanced issues for lawyers
This year our comprehensive program on the essentials of enforcing creditors’ rights is going to a whole new level. This intermediate/advanced level course drills deeper into the complexities of creditors' remedies issues including fraud, limitations, evidence gathering, and injunctions. The course will blend law and practical practice strategies to enhance the performance of counsel across a range of creditors’ scenarios.
We will utilize CLEBC's book British Columbia Creditors’ Remedies—An Annotated Guide as the primary course material, along with additional papers on advanced topics. We recommend that you bring your copy of the book to the course. If you do not have the book, you may purchase a copy separately. *Order the book at the same time as you register for the course and SAVE $67. See special pricing below—please call Customer Service to order.
At this course you will learn...
- what you can do to improve recovery in more complex fact scenarios
- how digital evidence can be secured and used in court
- effective use of Anton Piller orders and Mareva injunctions
- litigation strategies and practical tips on investigating fraudulent conveyances
Law Society of BC CPD Hours: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)
Course Chairs
Robert B. Dawkins — Borden Ladner Gervais LLP, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver
Pricing
1. "Last Kick at the Can" Rebroadcast: $450
Registration includes an electronic copy of the course materials.
Webinar Archive: This course has been added to the Webinar Archive. Click here to subscribe.
2. Book
*Book ONLY: $335 | Online ONLY: $250 | Book (when purchased with course): $268
Unable to attend without financial support? To learn more about CLEBC's Bursary Program click here and for our Easy Pay Plan click here.
Can't make the course?
Subscribe to the Webinar Archive, a repository of recordings of most CLEBC past courses. Annual subscription rates are based on firm size.
CLEBC Program Lawyer
Teresa M. Sheward
tsheward@cle.bc.ca
Course Chairs
Robert B. Dawkins — Borden Ladner Gervais LLP, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver
Faculty
Colin Cree — Director EFS e-Forensic Services Inc., Surrey
Robert B. Dawkins — Borden Ladner Gervais LLP, Vancouver
Kenneth J. Ihas — Rush Ihas Hardwick LLP, Kelowna
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver
Peter J. Roberts — Lawson Lundell LLP, Vancouver
Kent D. Wiebe — Wiebe Douvelos Wittmann LLP, Vancouver
Warren T. Wilson, QC — Law Society of British Columbia, Vancouver
________________________________________________________
Do you have this valuable creditors' remedies resource?
British Columbia Creditors' Remedies—An Annotated Guide
Your British Columbia source on debt recovery and collections
This book is essential for: lawyers retained to collect debts owed to their clients, and lawyers retained to act for debtors.
Current to: June 1, 2013 | Price: Print + Online $335; Online Only $250 | # of pp.: 1,198
You told us how we can help you to provide services in the creditor-debtor area, and your suggestions have directed the development of this major practice manual. Written by noted experts in the field and reviewed by a seasoned editorial board, British Columbia Creditors' Remedies—An Annotated Guide offers more than 400 pages of annotated precedents, with step-by-step instructions to guide you through each type of file and through each type of application in the British Columbia Supreme Court.
This book gives clear, practical explanations of how to commence an action, how to handle prejudgment collections, and how to use execution proceedings effectively. The first part of the book describes how to evaluate and manage collections claims, and includes "Searches at a Glance" charts for efficient assessment of debtor assets. The second part of the book includes practical commentary on key issues in the creditor-debtor area, including injunctions, garnishment, debtor examinations, writs of execution, foreclosures, equitable remedies, receiverships, bankruptcy proceedings, fraudulent conveyances and preferences, guarantee actions, and priorities. A final chapter examines special considerations that apply when acting for the debtor.
The book is updated regularly. Subscriptions include online access with search capability and links to the full text of case law and legislation, and annotated precedents on CD-ROM.
NEW! ONLINE ONLY annual subscriptions are now available. Click here to subscribe.
Welcome and Introduction
Constructive Trusts
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what are they?
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...and most importantly, are they really that constructive? what can they do?
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how and when to best use them to advance your clients' interests
Peter J. Roberts — Lawson Lundell LLP, Vancouver
Evidence Gathering in the Digital Age
- what is digital evidence?
- why is it different?
- seeking access; issues with orders and agreements
- securing digital evidence from media, smart phones, online
- processing digital evidence
- issues surrounding digital evidence
Colin Cree — Director EFS e-Forensic Services Inc., Surrey
Networking Break
Guerrilla Warfare In Civil Litigation: Tales from the Front and Tactics for Effective Use of Mareva Injunctions and Anton Piller Orders
- duties of full disclosure—how to avoid grabbing defeat from the jaws of victory
- model orders, huh yeah, what are they good for?—a lot more than absolutely nothing, but not everything
- practical issues of enforcement—effective use of civil litigation’s nuclear weapons
Robert B. Dawkins — Borden Ladner Gervais, LLP, Vancouver
Ethical Issues in Enforcing and Resisting Creditors’ Remedies Claims: “The quality of mercy is not strained. It droppeth as the gentle rain from heaven upon the place beneath. . . .”
- professional vs. personal ethics in the enforcement of creditors remedies: will you catch more flies with honey? how much vinegar can you really use?
- ethical issues in defending debtors—Time + Legal Fees = Nobody Wins
Warren T. Wilson, QC — Law Society of British Columbia, Vancouver
Lunch (on your own)
Priority Issues
- priority issues involving CRA
- requirements to pay
- deemed trusts
- tracing in fraud claims
- trust property
- statutory liens
Kenneth J. Ihas — Rush Ihas Hardwick LLP, Kelowna
Process for Seizure and Sale
- process involving the sheriff for seizures
- practical tips for effective use of court bailiffs: the hidden value in seizures
- Creditors Assistance Act—the often forgotten art of riding your friend’s coattails
- running the gauntlet of the Securities Transfer Act, BC Companies Act and Court Ordered Enforcement Act to seize shares in closely held companies
- using waivers to circumvent the protection under s. 89 of the Indian Act
Kent D. Wiebe — Wiebe Douvelos Wittmann LLP, Vancouver
Networking Break
Fraudulent Conveyances and Preferences
- ethical dilemmas in planning: cautionary tales
- investigating transactions—what to look for
- unwinding the Gordian Knot—litigation strategies and practical issues
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver
Questions and Discussion