Popular previously recorded programs have now been added to cpdonline. Please click on the titles below for more program information.

A reminder that during the COVID-19 public health crisis, all of our cpdonline programs are being offered at half price between April 1 and June 30, 2020.

Executing Documents Remotely under The Emergency Measures Act Order
May 29, 2020

Jointly presented with the Manitoba Bar Association

This Order under The Emergency Measures Act temporarily suspends the requirements for in person commissioning and witnessing of certain critical documents. It sets out steps required when taking an oath or witnessing the signing by video conferencing or through glass or plexiglass. The order is in effect May 13, 2020 to October 1, 2020. This order applies to:

  • Wills;
  • Powers of Attorney;
  • Transfers or Mortgages under The Real Property Act;
  • Homestead consents or releases;
  • Health Care directives;
  • Oaths, affirmations or statutory declarations under The Evidence Act.;

This CPD presentation will offer a discussion of the practical considerations and helpful checklists you can use as you navigate these circumstances.

Moderator: Gerrit Theule, Executive Member of MBA WillsEstates & Trusts Section, Wolseley Law LLP

Presenters:
Tana Christianson, Director of Insurance, The Law Society of Manitoba
Darcia Senft, General Counsel and Director of Policy & Ethics, The Law Society of Manitoba

CPD hours: 1
EPPM hours: 
1

Price: FREE

The New Divorce Act Amendments
May 14, 2020

Jointly presented with the Manitoba Bar Association

Discussion regarding the Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, 2019, c. 16.

Most of the Divorce Act amendments in the legislation will come into force on July 1, 2020. Topics include:

  • Change in terminology from “custody” and “access” to “parenting”;
  • Best interests of the child;
  • Family violence;
  • New duties for parents, legal advisers and the court;
  • Relocation;
  • Changes related to jurisdiction, for example the new interjurisdictional support process; and
  • Amendments to the Family Orders and Agreements Enforcement Assistance Act to allow for the release of income tax information from the Canada Revenue Agency for the purpose of establishing or varying support.

Transitional issues and considerations for pending and new proceedings will be covered, including:

  • Pleadings;
  • Status of Rules’ amendments and updated standard clauses;
  • Evidence; and
  • Arguments.

Presenters:
The Honourable Madam Justice Joan MacPhail, Manitoba Court of Queen’s Bench, Family Division
Claire Farid, Director and General Counsel, Family, Children & Youth Section, Justice Canada

CPD hours: 3
EPPM hours: 0.5

Price: $95.00 + GST = $99.75 50% Discount: $47.50 + GST = $49.88

This popular annual program is back featuring the updates and presenters that will help you stay on top of your real estate practice. This year’s topics include:

  • Stigmatized properties and the seller’s duty to disclose
  • Title defects vs physical defects
  • Pointers when dealing with a commercial offer to purchase
  • Water accounts
  • …and much more!

Chair: Jeff Shypit, Robertson Shypit Soble Wood

Panel:
Albina P. Moran, Thompson Dorfman Sweatman LLP 
Robert Tyler, MLT Aikins LLP
Russell Davidson, Winnipeg Land Titles Office

CPD hours: 3
EPPM hours: 0.5

Price: $95.00 + GST = $99.75 50% Discount: $47.50 + GST = $49.88

The Law Society welcomes back Professor Rollie Thompson to speak to evidentiary issues in the family law context, the top 10 “must know rules” for every family law lawyer, including opinion evidence, hearsay, business records, impeaching and supporting credibility, illegally-obtained recordings and emails, privilege for settlement negotiations, and judicial notice.

As always you can expect Professor Rollie Thompson will deliver an engaging and interactive program using several short problems to illustrate and help you hone your evidence skills.

Presenter:
D.A. Rollie Thompson, Schulich School of Law, Dalhousie University

CPD hours: 3
EPPM hours: 0.5

Price: $95.00 + GST = $99.75 50% Discount: $47.50 + GST = $49.88

2019 Isaac Pitblado Lectures – Part 1 of 3

November 8, 2019

A Review of Testamentary Capacity in Canada
Reviews the state of the law on testamentary capacity in Canada. Starting with a primer on the Banks v. Goodfellow criteria, refers extensively to the leading and latest case law. Covers important topics such as the solicitor’s duty to determine capacity, factors to consider when deciding whether to get a capacity assessment, and the admissibility and reliability of expert retroactive assessments.

Presenter: Professor Albert H. Oosterhoof, WEL Partners, Professor Emeritus, Faculty of Law, Western University
________________________________________________________

Predatory Marriages – A Cross-Country View
This presentation focuses the capacity lens on the complex and troubling issue of predatory marriages. Reviews the legal tests for the capacity to marry, capacity to divorce, capacity to separate and the capacity to reconcile. Discusses the consequences of a predatory marriage and the grounds upon which the validity of such a marriage may be challenged and set aside, or the wrongs caused by a predator spouse may be remedied. Provides a thorough review of relevant case law and she highlights legislative changes that could be made to attempt to prevent such marriages taking place.

Presenter: Kimberly A. Whaley, WEL Partners (Toronto)
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A Medical Perspective on Capacity
Discusses the possible levels of capacity in a physician’s assessment of an individual’s capacity to give informed consent to medical treatment. Goes on to discuss senility as part of the aging process in contrast to a diagnosis of dementia. Reviews several types of dementia: Alzheimer’s disease; vascular dementia and frontotemporal dementia. Concludes with some fascinating patient case examples that illustrate how difficult it can be to assess an individual’s capacity in relation to the making of a Will.

Presenter: Dr. Barry Campbell, Geriatric Psychiatry Program, St. Boniface Hospital
________________________________________________________

Capacity Assessments Panel
The morning presenters come together for a practical and frank panel discussion of many capacity and Will-making topics, including:

  • The utility of a medical opinion on capacity when a lawyer is assessing a client’s capacity to make a Will.
  • Factors to consider when a lawyer is deciding from whom to seek a medical opinion on capacity, e.g., general practitioner, geriatric psychiatrist or trained capacity assessor?
  • The instructions, and information about the client, that a lawyer ought to give to the assessor.
  • Legal and ethical obligations when taking instructions from a client particularly when capacity is an issue.

Moderator: Professor Albert H. Oosterhoof, WEL Partners, Professor Emeritus, Faculty of Law, Western University

Panel:
Dr. Barry Campbell, Geriatric Psychiatry Program, St. Boniface Hospital
John Poyser, Tradition Law LLP
Kimberly A. Whaley, WEL Partners (Toronto)

CPD hours: 3
EPPM hours: 0.5

Price: $95.00 + GST = $99.75 50% Discount = $47.50 + GST = $49.88


2019 Isaac Pitblado Lectures – Part 2 of 3

November 8, 2019

Video Recording Will Instructions
This presentation explores the video recording of Will instructions as a means to create reliable evidence of the Will-maker’s capacity at the time.  Discusses the lawyer’s obligation to assess their client’s capacity, to decide whether to execute the Will, to take good instructions and to create and store a reliable chain of evidence. Using a fictional fact scenario, including handouts and interview video clips, the presenter illustrates the process he uses when video recording Will instructions.

Presenter: John Poyser, Tradition Law LLP

CPD hours: 0.5
EPPM hours: 0

Price: $30.00 + GST = $31.50 50% Discount: $15.00 + GST = $15.75


2019 Isaac Pitblado Lectures – Part 3 of 3

November 8, 2019

Medical Assistance in Dying (MAID): How Does the Process Work?

This presentation gives you the “what, who, when, where, how and why” of medical assistance in dying (MAID), as explained clearly and thoroughly by a social worker on the provincial MAID clinical team. Covers the basics of who can provide MAID, the eligibility criteria for who can and cannot receive MAID, when and where MAID can take place, how the MAID application process works, how MAID is administered to the individual, and the common themes why individuals seek MAID.

Presenter: Tanis Newsham, Provincial MAID Clinical Team

________________________________________________________

MAID Constitutional Issues

Beginning with the Carter v. Canada (Attorney General) case which deemed the criminal laws prohibiting assistance in dying to be a violation s.7 of the Charter, covers the key features of the ensuing federal MAID legislation. Discusses where the law is clear, where it is subject to confusion, as well as past and present Charter challenges. Also considers three key issues still to be resolved with respect to MAID access:

  • mature minors;
  • advance requests;
  • where mental disorder is the sole underlying medical condition.

Presenter: Grace Pastine, BC Civil Liberties Association

________________________________________________________

MAID Panel Presentation: Philosophical and Ethical Issues

This panel discussion brings you diverse perspectives on important philosophical and ethical questions such as:

  • To what extent does access to MAID depend on where you live? What are the geographical limitations? What about abstaining facilities?
  • To what extent does the bias of MAID service providers affect how difficult or easy it can be to receive MAID? How is it being determined that an individual’s suffering is intolerable? What if intolerability is related to a lack of adequate resources?
  • What can lawyers tell their clients about the issues unresolved by the federal MAID legislation (advance requests, mature minors and mental disorder as the sole underlying medical condition) which were the subject of Council of Canadian Academies reports in December 2018?

Moderator: John Myers, Taylor McCaffrey LLP

Panel:

Jennifer Dunsford, WRHA Ethics Services

Professor Nancy Hansen, Disability Studies, University of Manitoba

Grace Pastine, BC Civil Liberties Association

CPD hours: 2

EPPM hours: 1

Price: $75.00 + GST = $78.75 50% Discount: $37.50 + GST = $39.38

Whether it’s a friendly enquiry from a neighbour about something “he’s always wanted to know” or a client who approaches you with an issue unrelated to her file, how many times have you been asked a question that falls outside your regular area of practice?

This webinar is focused on frequently asked questions that have arisen since the legalization of non-medical (recreational) cannabis on October 17, 2018, will provide you with the basic answers you need and point you toward relevant case law and legislation. Topics include:

  • How much cannabis am I allowed to have at home versus in public?
  • Can I use (smoke or vape) cannabis anywhere I want, e.g., what about public spaces?
  • What are the rules about transporting cannabis in a vehicle?
  • Is a challenge to Manitoba’s prohibition on growing recreational cannabis likely?
  • What offences exist if I don’t follow the rules about buying and using cannabis? Are the penalties fines or jail time?
  • What happens to my prior criminal record for cannabis now that it’s legal?

While this webinar is designed for practitioners who do not specialize in this area, it will serve as a good update for those who do.

Presenter: Katherine Dowle, Legal Aid Manitoba – Phoenix Community Law Office

CPD hours: 1
EPPM hours: 0.25

Price: $55.00 + GST = $57.75 50% Discount: $27.50 + GST = $28.88

An Overview of Bill C-92:
An Act respecting First Nations, Inuit and Métis children, youth and families

January 14, 2020

On January 1, 2020, An Act respecting First Nations, Inuit and Métis children, youth and families, came into force. This federal legislation sets out principles that apply on a national level to the provision of child and family services in relation to Indigenous children, and it will affect how courts and agencies deal with child protection cases involving Indigenous children.

This program will provide an overview of the new national standards established by the Act and will flag the key differences between the new Act and the current CFS legislation and system.

Moderator: Justice Kaye E. Dunlop, Manitoba Court of Queen’s Bench, Family Division

Panel:
Elizabeth Debicka, Acting Director Legislation and Strategic Policy, Department of Families
Harold (Sonny) Cochrane, Cochrane Saxberg Barristers & Solicitors
Luke Bernas, Cochrane Saxberg Barristers & Solicitors

CPD hours: 1.5
EPPM hours: 1.5

Price$65.00 + GST = $68.25 50% Discount: $32.50 + GST = $34.13

2019 Child Protection – Part 1 of 4

Drug Testing and Reading
November 29, 2019

Agency counsel, parents’ counsel and a physician specializing in addictions medicine discuss the use of drug tests in child protection matters and the issues that can arise for lawyers and judges trying to understand what the results really mean. The presentation includes the review of a complex real-life case scenario with reference to the client’s anonymized drug test results.

Topics of this panel discussion include:

  • Common myths of Agency drug testing of parents.
  • What are the differences between the tests: hair follicle; urine; saliva; blood?
  • What factors affect the rate at which an individual metabolizes a drug?
  • How does drug use affect parenting ability?

Moderator: Justice Gwen B. Hatch, Manitoba Court of Queen’s Bench, Family Division

Panel:
Kris Janovcik, Tapper Cuddy LLP
Lynda Grimes, Overall, Grimes
Dr. Ginette Poulin, Addictions Foundation of Manitoba

CPD hours: 1.75
EPPM hours: 0.5

Price: $70.00 + GST = $73.50 50% Discount: $35.00 + GST = $36.75


2019 Child Protection – Part 2 of 4

Tools for Resolution – Dauphin Provincial Court Experience
November 29, 2019


Over the past few years there has been a significant reduction in child protection matters appearing in Dauphin Provincial Court; resolution is frequently happening at the docket level. This panel discussion will give you direct insight into new approaches taken by parents’ counsel, Agency counsel and the Court to facilitate the communication and collaboration that leads to the successful resolution of files. The panellists, along with the moderator, share not only their philosophical views on how best to achieve resolution but also discuss tangible steps, such as:

  • When and why to request particulars
  • Weekly teleconferences between agency and parents’ counsel
  • Email communication from counsel to the court in the days just prior to docket
  • Flexibility and quicker access to court time

Moderator: Judge Christine Harapiak, Provincial Court of Manitoba

Presenters:
Desiree Dorion, Dawson & Bretecher
Terrance DeLaronde, Cochrane Saxberg Barristers & Solicitors
________________________________________________________

Tools for Resolution – Intake Court and How to Prepare an Effective Brief
November 29, 2019


This panel discussion emphasizes the importance of an effective Intake Court Brief. The moderator notes the valuable role it plays in the court process and the pursuit of a possible resolution of the case. Discusses the purpose the Brief serves for the parents, the agency, and their respective counsel, in preparing for court, and how a well-written Brief assists the judge. You will hear from three experienced counsel who regularly appear in Intake Court, each sharing the perspective of one of the three main parties to a child protection matter; parents’ counsel, agency counsel and counsel for the child. They discuss the sample, “road-map” Intake Court Brief they each prepared, with their recommendations about the content to include in each section. You will want to hear their practical tips on how to write an informative but concise Intake Court Brief.

Moderator: Justice Kaye E. Dunlop, Manitoba Court of Queen’s Bench, Family Division

Presenters:
Darryl Buxton, Myers LLP
Meredith Mitchell, Legal Aid Manitoba-Child Protection Law Office
David Joycey, Barrister & Solicitor

CPD hours: 1.25
EPPM hours: 
0.25

Price: $60.00 + GST = $63.00 50% Discount: $30.00 + GST = $31.50


2019 Child Protection – Part 3 of 4

Overview of Resources
November 29, 2019

Northern Manitoba and Rural, Southwestern Manitoba
Child protection case plans commonly include a requirement for parents to attend treatment, education and/or counselling programs. Find out about the resources available to families involved with the child protection system in the North and in rural, Southwestern Manitoba. In addition to providing basic information about the types of addiction, mental health and parenting programs that exist, the presenters share their insights about the difficulties that clients may face in getting access to these limited resources.

Presenters:
Judge Alain Huberdeau, Provincial Court of Manitoba
Spencer Weisensel, Legal Aid Manitoba
Karen Webb, Burgess Law Office
________________________________________________________

Winnipeg – Family Group Conferencing, Ma Mawi Wi Chi Itata
The Family Group Conferencing (FGC) program has been very successful in preventing children being taken into care and in reuniting children in care with their parents. This is a voluntary program where parents come together with their close and extended family to develop a care plan for their children, while they access the resources and courses they need to resume parenting of their children. The family receives guidance from the Ma Mawi Wi Chi Itata Centre throughout the FGC process and continued support after. The presenter discusses the program’s philosophy and its indigenous cultural underpinnings, as well as the “nuts and bolts” such as:

  • Criteria for a family to become an FGC client
  • How referrals can be made
  • The relationship between the FGC program and care plan, the agency and the court

Presenter: Jackie Anderson, Mama Mawi Wi Chi Itata Centre

CPD hours: 1.25
EPPM hours: 0.25

Price: $60.00 + GST = $63.00 50% Discount: $30.00 + GST = $31.50


2019 Child Protection – Part 4 of 4

Court Procedures, Case Law and Legislation Updates
November 29, 2019

Update on Court Procedures
An update on the changes in the Court of Queen’s Bench, Family Division, as a result of the implementation of family law case flow in February 2019, and further changes planned for January 2020. Topics include:

  • Private guardianship applications (initiated by way of family file)
  • Applications under Child Abuse Registry provisions
  • Notice period for access motions
  • Applications with a significant amount of material to be filed

Presenter: Senior Master Frederick Lee, Manitoba Court of Queen’s Bench
________________________________________________________

Case Law & Legislation Update
An informative and entertaining review of key decisions rendered since the last update at the 2018 Child Protection Program and important cases that are under appeal. Also touches on the federal Act respecting First Nations, Inuit and Métis children, youth and families (in force on January 1, 2020), which profoundly affects how courts and agencies will deal with child protection cases involving Indigenous children.

Presenter: Michael Clark, Myers LLP

CPD hours: 1
EPPM hours: 0

Price: $55.00 + GST = $57.75 50% Discount: $30.00 + GST = $28.88