McMillan’s Commercial Litigation Presentation Series · McMillan’s Commercial Litigation Presentation Series McMillan’s Litigation Group proudly presents its Commercial Litigation

Litigators from each of the firm’s Canadian offices have collaborated to assemble a collection of presentation topics, covering legal subjects of particular interest to in-house counsel. As a valued McMillan client, we are offering to attend your offices to present on as many of the included topics as you would like. We would be happy to schedule this presentation series at your convenience.

The presentation series will begin in September 2017, on dates to be agreed upon. Each presentation is eligible for 1 hour of substantive CPD in Ontario, 1 hour of CPD in BC and 1 hour of CLE in Québec.

Contact info:Brad Hanna416.865.7276 [email protected]

Avoid ‘Courting’ Disaster – How to Best Manage Litigation Risk

This high level presentation provides concrete tips for managing risk in the context of litigation, including strategies for avoiding litigation altogether, positioning yourself for litigation when it is on the horizon and managing risk during the course of litigation. The presentation is designed to assist clients minimize the pain, and maximize the gain, when disputes arise.

McMillan’s Commercial Litigation Presentation Series

Benjamin BathgateToronto

Katherine ReillyVancouver

Brad HannaToronto

Brett HarrisonToronto

Scott MaidmentToronto

Vancouver l Calgary l Toronto l Ottawa l Montréal l Hong Kong l mcmillan.ca

Lindsay LorimerToronto

Making Settlements Stick: A Practical Guide to Settling Business Disputes Across Canada

Most business disputes are resolved prior to trial and often before litigation has even commenced. This presentation will offer practical tips and review common pitfalls to help in-house counsel achieve final and lasting settlements of common business disputes. Clients will also be offered a complimentary copy of McMillan’s recently published book: “The Essential Guide to Settlement in Canada”, a valuable practice manual designed for in-house counsel, with detailed advice and forms/precedents to help them draft binding settlement documents.

McMillan’s Litigation Group proudly presents its Commercial Litigation Presentation Series

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Managing Class Action Risk in Canada

A summary of recent developments in Canadian class action law. This presentation will review solutions to help companies understand, manage and mitigate class action litigation risk. It will also review practical steps companies can take now to minimize the likelihood of being named in a class action.

Calie AdamsonToronto

Jason AnnibaleToronto

Damon ChisholmVancouver

Peter Wells Toronto

Andrew Stead Calgary

Lisa ParliamentToronto

Éric Vallières Montréal

Joan Young Vancouver

Summary Judgment: Fast Track or Slow Lane?

Most lawyers are all familiar with the new summary judgment test but what every litigant really wants to know is one thing: “what are my chances?” McMillan has completed the only statistical analysis of summary judgment motions, comparing outcomes from before and after the Rule change. This presentation will distill the new summary judgment case law, identify the key factors you should consider before bringing a summary judgment motion and, most importantly, will help you to determine whether you should bring a summary judgment motion or opt for a traditional or hybrid trial.

Renovation and Construction: What are you getting into? De-Mystifying the Construction Process and Managing Risk

This topic will cover issues such as: What construction project delivery method is right for you?; Procurement and Tendering – what kind of flexibility do I have in obtaining the best price?; Liens, Trusts, Holdbacks, and Money; Insurance, Bonds, and Other Risk Mitigation Measures; and Avoiding and Resolving Disputes Efficiently.

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Louis Zivot Vancouver



What You Need to Know About E-Discovery: Obligations, Costs and Best Practices

Large-scale electronic discovery has become common practice in Canadian litigation. This presentation will canvass when it is appropriate to engage in e-discovery, how to effectively control its scope and cost and when to manage the e-discovery process internally, through external counsel or through a third party vendor. We will also address specific e-discovery issues that may arise in specific cases, including products cases, and class actions.

Geoff MoysaToronto

Andrei PascuMontréal

Katherine ReillyVancouver

Lease Remedies 101: Navigating Your Options

As lease disputes reach a climax, in-house lawyers need to consider all available remedies to properly assess their options. An early recognition of the pros and cons of each remedy, and when they are and are not appropriate, is often essential to ensure that any steps taken will be upheld by the courts. This presentation will provide a comprehensive overview of each lease remedy, including: damages (and the duty to mitigate); injunctive relief; self-help remedies; distress; set-off; bailment; and relief from forfeiture, among others. Detailed comparisons as to which remedy is best suited for which set of circumstances, and helpful step-by-step checklists, will provide in-house lawyers with the tools they need to navigate leasing disputes and avoid conduct that may ultimately bring about adverse judicial consequences.

Jason AnnibaleToronto

Stephanie Hamelin Montréal

Benjamin Bathgate Toronto

Your place or mine?: The Changing Law of Jurisdiction The Supreme Court of Canada has recently reformulated the “real and substantial connection test,” which determines when a court will take jurisdiction over an out-of-province defendant. This presentation will provide an update on this area of law and will provide guidance on what factors a court considers in deciding whether to assume jurisdiction over a particular incident.

Andrew Stead Calgary

Patrick ThompsonOttawa

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Andrei PascuMontréal



Should it Stay or Should it Go: Litigation Holds and Document Destruction Policies

A summary of your document preservation obligations. Topics covered include: what triggers the duty to preserve, what documents must be preserved, what is a “document”, how to implement a litigation hold policy (best practices), the principle of proportionality, an overview of the law of spoliation, and when it is safe to destroy records. Practical tips, including a step-by-step review of a McMillan-recommended litigation hold memorandum, will be provided to help each client customize its own memorandum.

Sidney ElbazMontréal


Richard JonesCalgary

Managing Privacy Risk in Canada

A summary of recent developments in Canadian privacy law. This presentation will discuss the recent privacy law trends in Canada and will discuss potential solutions and tools to help companies understand, manage and mitigate privacy risk. It will also review practical steps companies can take now to minimize the likelihood of a security breach taking place and guidance on how to properly manage these breaches.

Ryan BlackVancouver

Lyndsay Wasser Toronto

Bruce McWilliamToronto

Emerging Issues in Product Liability

Product Liability incidents raise regulatory issues and give rise to potential claims in civil court. This presentation will provide an overview of product liability claims in common law provinces and Québec (who bears the burden and defences available), give guidance on reporting issues and provide strategies to ensure that your brand is protected.

Sidney ElbazMontréal


Andrew SteadCalgary

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Christopher PurdonToronto



Recent Developments in Franchising and Distribution Law

A summary of the recent case law that has dramatically changed certain features of franchise law, including: the franchisor’s duty of good faith and its intersection with the pricing of goods; the validity of franchisee releases that seek to limit or preclude claims against franchisors; and the duty of franchisors to promote and enhance their brands. This presentation will also include an update on the law on “inadvertent franchisors” to help clarify under what circumstances dealerships, distributorships and licensing relationships can be subject to the onerous obligations under the Arthur Wishart Act.

Mike Reid Vancouver

Brad HannaToronto

Geoff MoysaToronto

Slips, Trips and Falls: Avoid the Blame Game

Given the potential for injury, the statutory liability imposed on retailers, and the comparatively low cost of implementing a loss prevention program, having a well-managed slip-and-fall prevention program makes good business sense. This presentation will provide an overview of factors considered by the courts in Occupiers’ Liability Claims, review recent damage awards and provide practical tips to minimize exposure.


Joan YoungVancouver

Canada’s New Anti-Spam Law – What it Really Means, How it Affects You, and Why Every Business in Canada Should Care

As many Canadian businesses have now learned, Canada’s “anti-spam law”, or CASL, greatly exceeds its unofficial “anti-spam” title with a very broad reach regulating most electronic interactions. This presentation explores many important topics, including how CASL applies to businesses in Canada; CASL’s main prohibitions; how CASL is enforced; how businesses can limit their liability; and best compliance practices for businesses.

Elisa Henry Montréal

Ryan BlackVancouver

Sharon Groom Toronto

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The Bank’s Duty of Care In Customer Fraud: When Does a Duty of Care to a Non-Customer Trump Obligations to an Offending Customer?

Emerging case law indicates that a bank may owe a duty of care to non-customers who have been defrauded by one of the bank’s own customers. It is important for a bank to navigate its competing obligations to avoid the next “Earl Jones” scenario. This presentation reviews the source of this evolving form of liability by exploring various important questions in customer fraud, including: a bank’s obligation to detect red flags in customer activities; the point at which the court will likely find a bank to have developed constructive knowledge of fraudulent activity; and what steps a bank must take after it discovers the fraud to remedy the problem.

David DebenhamOttawa

Richard JonesCalgary

Conflicts Issues for In House Counsel

The conflicts rules that govern lawyers are drafted primarily for the private firm context, but apply just as much to in house counsel. This presentation outlines issues and strategies for in house counsel to consider when dealing with conflicts issues, both internally, and in their relationships with outside counsel.

Dan MacDonaldToronto

Reining Them In - How to Address Restrictive Covenants for Departing and Incoming Employees

A summary of the principles involved in drafting effective restrictive covenant agreements and protecting the business when it hires employees who are subject to restrictive covenants. The presentation focuses on practical steps businesses can take, legal and business pitfalls that commonly arise and litigation strategy when a dispute arises.

Martin ThompsonOttawa

George WaggottToronto

David McInnesVancouver

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Charlotte Conlin Toronto

Litigators from each of the firm’s Canadian offices have collaborated to assemble a collection of presentation topics, covering legal subjects of particular interest to in-house counsel. As a valued McMillan client, we are offering to attend your offices to present on as many of the included topics as you would like. We would be happy to schedule this presentation series at your convenience.

The presentation series will begin in September 2017, on dates to be agreed upon. Each presentation is eligible for 1 hour of substantive CPD in Ontario, 1 hour of CPD in BC and 1 hour of CLE in Québec.

Contact info:Brad Hanna416.865.7276 [email protected]



McMillan is a modern and ambitious business law firm serving clients across key industries in Canada, the United States and internationally. We offer solutions-oriented legal advice through our offices in Vancouver, Calgary, Toronto, Ottawa, Montréal and Hong Kong.

For more informationn, please visit our website at www.mcmillan.ca.

Leaves & Accommodation: Best Practices for Managing Absent Employees

Employee requests for accommodation are increasing as human rights tribunals become more receptive to expanding the duty to accommodate for employers. Coupled with an aging workforce, managing the accommodation process for both disability leaves and other situations is taking up a substantial amount of employers’ time. This presentation focuses on what strategies and tools employers have at their disposal to manage leaves of absence and how to address accommodation issues.

Dave McKechnieToronto

Voluntary Disclosures: Addressing Tax Issues Before The Revenue Authorities Come Knocking

Recent media reports have underscored the aggressive tactics that revenue authorities in both Canada and abroad have taken to identifying reporting deficiencies and increasing tax collections. In an effort to promote heightened compliance, the Canada Revenue Agency has established a detailed Voluntary Disclosures Program that permits Canadian taxpayers to disclose past acts of non-compliance and secure relief from penalties and interest. This presentation provides a roadmap for the effective use of the CRA’s Voluntary Disclosures Program and provides practical tips to best address lingering tax issues, mitigate tax risk, and minimize the prospects of future battles with the taxing authorities.

Andrew StirlingToronto

Michael FriedmanToronto

Employee vs. Independent Contractor Arrangements: Best Practices to Avoiding Tax Traps

The Canada Revenue Agency has become increasingly aggressive in attempting to recharacterize independent contractor engagements as employer-employee relationships. The failure to properly structure and document the retention of an independent contractor can lead to heightened exposure for income tax, Canada Pension Plan, and Employment Insurance remittances, increased reporting obligations, penalties, and interest. This presentation provides a grounding in best practices to engaging independent contractors, documenting such relationships, and avoiding the pitfalls that frequently attract tax reassessments.

Andrew StirlingToronto

Michael FriedmanToronto

Peter Botz Vancouver

Michel Ranger Montréal

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Copyright © 2017 McMillan LLP. Document updated: January 2017. 00-280-0215-17

Natalie Cuthill Vancouver

McMillan LLP | Vancouver | Calgary | Toronto | Ottawa | Montréal | Hong Kong | mcmillan.ca

About usMcMillan is a modern and ambitious business law firm serving public, private and not-for-profit clients across key industries in Canada, the United States and internationally. With recognized expertise and acknowledged leadership in major business sectors, we provide solutions-oriented legal advice through our offices in Vancouver, Calgary, Toronto, Ottawa, Montréal and Hong Kong. Our firm values – respect, teamwork, commitment, client service and professional excellence – are at the heart of McMillan’s commitment to serve our clients, our local communities and the legal profession.

ContactBrad Hanna Co-Chair, Dispute Resolution, Franchising & Distribution, International Arbitration

Toronto 416.865.7276 [email protected]

Benjamin M. BathgateCo-Chair, Fraud Law

Toronto 416.307.4207 [email protected]

© Copyright 2017 McMillan LLP

McMillan LLP l Vancouver l Calgary l Toronto l Ottawa l Montréal l Hong Kong l mcmillan.ca

McMillan’s Commercial Litigation Presentation Series · McMillan’s Commercial Litigation Presentation Series McMillan’s Litigation Group proudly presents its Commercial Litigation

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