Creditors' Remedies 2014


Course Date: April 14, 2014

Total: 5h

Welcome and Introduction

Constructive Trusts

  • what are they?
  • ...and most importantly, are they really that constructive? what can they do?
  • 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