CLE Online

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