BC Business Disputes 2016

—Rebroadcast—
"Jump Start on CPD 2017"
Thursday, March 2, 2017; 9:00 am – 4:00 pm

(Original date:  November 18, 2016)

Can't make the live course/live webinar?

CLEBC Program Lawyer
Raymond Lee
rlee@cle.bc.ca

Course Chair
David A. Crerar — Borden Ladner Gervais LLP, Vancouver

About the Course Chair

David Crerar is a partner in the Vancouver office of Borden Ladner Gervais, serving as the national leader of the firm's Defamation and Media Group. He practices in the area of civil and commercial litigation, with a focus on media law and defamation, shareholder disputes, protection of trade secrets, Internet litigation, and banking and pension litigation. He has published many articles on those and other areas and has contributed to many continuing legal education conferences as an author, lecturer, and chair.

For the past 12 years, David has served as a Professor at the University of British Columbia Faculty of Law, lecturing in civil procedure. He is the co-editor and a co-author of CLEBC's British Columbia Business Disputes (which received the Outstanding Achievement Award from the International Association of Continuing Legal Education), as well as the new edition of the leading Canadian text on civil procedure, The Civil Litigation Process. He is also a contributing author to the CLEBC publications BC Creditors' Remedies and the BC Civil Trial Handbook.

Faculty
Beth Allard — Bull, Housser & Tupper LLP, Vancouver
Wendy A. Baker, QC — Miller Thomson LLP, Vancouver
Craig P. Dennis, QC — Dentons Canada LLP, Vancouver
Mark E. Fancourt-Smith — Lawson Lundell LLP, Vancouver
Janet L. Gartner — Gudmundseth Mickelson LLP, Vancouver
Catherine George — Farris, Vaughan, Wills & Murphy LLP, Vancouver
Geoffrey B. Gomery, QC — Nathanson Schachter & Thompson LLP, Vancouver
Ludmila B. Herbst, QC — Farris, Vaughan, Wills & Murphy LLP, Vancouver
Kenneth J. Ihas — Rush Ihas Hardwick LLP, Kelowna
James C. MacInnis — Nathanson Schachter & Thompson LLP, Vancouver
Michelle T. Maniago — Borden Ladner Gervais LLP, Vancouver
Scott A.Turner — Burns Fitzpatrick LLP, Vancouver
Stephen T.C. Warnett — Borden Ladner Gervais LLP, Vancouver
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Introduction

Shareholder Remedies

• reminder of lesser known remedies
• update on oppression cases
• update on derivative actions

Michelle T. Maniago — Borden Ladner Gervais LLP, Vancouver
Stephen T. C. Warnett — Borden Ladner Gervais LLP, Vancouver

Misrepresentation

• the role of reliance in misrepresentation: controversies and the current state of the law
• review of recent jurisprudence on statutory causes of action in misrepresentation, particularly under the Business Practices and Consumer Protection Act and the Securities Act, with a focus on the use of statutory misrepresentation in class proceedings
• misrepresentation vs. the duty of honesty in contractual performance: the relationship between Bhasin v. Hrynew and traditional causes of action in misrepresentation

Ludmila B. Herbst, QC — Farris Vaughan Wills & Murphy LLP, Vancouver
Catherine George — Farris Vaughan Wills & Murphy LLP, Vancouver

Networking Break

Professional Liability

• duties owed by professionals to third parties
• how the standard of care analysis deals with errors in judgment
• causation issues after Clements v. Clements

Craig P. Dennis, QC — Dentons Canada LLP, Vancouver

Damages and Other Remedies

• common law damages vs. other monetary compensation
• the distinction between damages in contract and tort
• assessment principles in commercial cases

Janet L. Gartner — Gudmundseth Mickelson LLP, Vancouver
Scott A. Turner — Burns Fitzpatrick LLP, Vancouver

Networking Lunch

Unjust Enrichment

• is there still a cause of action for money had and received?
• is there a difference between ‘money had and received’ and ‘unjust enrichment’?
• why do basic questions of nomenclature continue to bedevil the courts?

Geoffrey B. Gomery, QC — Nathanson, Schachter & Thompson LLP, Vancouver

Contribution and Apportionment

• overview: principles and development of legislation
• Negligence Act — ss. 4 and ss. 1
• apportionment of "fault"
• settlement considerations

Beth Allard — Bull Housser & Tupper LLP, Vancouver

Intellectual Property Disputes

• trade-marks: infringement, passing off, genericide, and upcoming legislative changes
• copyright: nature of protection, legal and moral rights, infringement, and exceptions
• remedies: damages, accounting of profits, injunctive relief, and criminal sanctions

Mark E. Fancourt-Smith — Lawson Lundell LLP, Vancouver

Networking Break

Breach of Confidence

• common forms of breach of confidence claims
• the proper way to analyze remedy
• key case analysis

James MacInnis — Nathanson, Schachter & Thompson LLP, Vancouver

Interference with Business Relationships

• interference with breach of contract
  • elements of the cause of action
  • defenses: advice, justification
• the unlawful means of tort
  • clarification of the law from Al Enterprises Ltd. v. Bram Enterprises Ltd. ("Bram")
  • what constitutes an unlawful act
  • the requirement of intention
  • cases subsequent to Bram

Kenneth J. Ihas — Rush Ihas Hardwick LLP, Kelowna