CLE Online

Welcome and Introduction

Ward K. Branch — Branch MacMaster LLP, Vancouver

Western Canada Checkup

• statistical trends
• quirky elements
• notable case law from the four western provinces

Ward K. Branch — Branch MacMaster LLP, Vancouver (presenting paper by Wayne P. Forbes, Pollock & Company, Winnipeg)
Steven H. Leitl — Norton Rose Canada LLP, Calgary
Jason Mohrbutter — MacPherson Leslie & Tyerman LLP, Regina
Jill S. Yates — McCarthy Tetrault LLP, Vancouver

Chicken and Egg: What Pre-Certification Motions are Working and Which Aren’t?

• what kinds of motions are brought prior to certification?
• what kinds of motions are heard prior to certification?
• what kinds of motions are heard with certification?
• do the motions heard with certification bind the class?

Defendant’s View: James M. Sullivan — Blake, Cassels & Graydon LLP, Vancouver
Plaintiff’s View: Sharon Matthews, QC — Camp Fiorante Matthews Mogerman, Vancouver

Networking Break

Securities Class Actions: Why Aren’t They Happening in Western Canada?

• review of securities class action developments in eastern Canada
• what is the proper approach on timelines for leave?
• what are the ingredients of a successful securities class action?
• are there any barriers to securities class actions in western Canada?

Jay Strosberg — Sutts, Strosberg LLP, Windsor

Access to Justice: How Should We Be Maximizing Takeup Rates?

• accessing justice in the real world—how claimants access their benefits
• the top 5 reasons why people will not access their benefits, and what can be done to fix them
• using technology to maximize notice reach and takeup rates

 Laura Bruneau — Bruneau Group, Ottawa
 Michael F. Mooney — Vice President, Crawford Class Action Services, Waterloo

Lunch With Featured Speaker

Paul G. Karlsgodt — BakerHostetler LLP, Denver

National Class Actions: What’s Working and What Remains To Be Solved

• the Canadian Judicial Protocol for the Management of Multijurisdictional Class Actions: in principle and in practice
• a review of the ULCC approach adopted in Alberta and Saskatchewan
• are the defendants “cutting off their nose to spite their face” when they object to national class actions?
• what, if anything, can or should be done in relation to copycat lawsuits?

Andrew D. Borrell — Fasken Martineau DuMoulin LLP, Vancouver
Wendy Matheson — Torys LLP, Toronto

Government Class Actions: The Real Western Canadian Supertargets

• overview of recent class actions against the government: what has worked, and what has not
• practical issues in government class actions: the bureaucracy behind litigation and settlement
• but will they legislate?—the gamble inherent in all cases against the government, and how to avoid it

Peter Barber — Alberta Justice and Solicitor General, Edmonton
Karen A. Horsman — Legal Services Branch, Ministry of Justice, Vancouver
Allan P. Seckel, QC — British Columbia Medical Association, Vancouver

Networking Break

Class Action Ethics Polling

• the ethics of direct settlements prior to certification
• the murky waters of fee negotiations
• disagreements between client and counsel
• and much more!

Bradley W. Dixon — Borden Ladner Gervais LLP, Vancouver
David A. Klein — Klein Lyons, Vancouver

View from the Bench

The Honourable Associate Chief Justice John D. Rooke — Court of Queen’s Bench of Alberta, Calgary

Closing Questions and Comments