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Toronto Fasken Martineau Mini-Symposium

Fasken Martineau Institute
Where Fasken Martineau
333 Bay Street, Suite 2400
Bay Adelaide Centre
Toronto, ON
M5H 2T6
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Fasken Martineau is once again proud to present its popular Mini-Symposium program, giving lawyers called to the Ontario Bar a convenient way to obtain credits towards the annual Continuing Professional Development (“CPD”) requirements of the LSUC. This year’s Mini-Symposium offers a variety of informative topics to choose from and offers you the opportunity to earn up to one hour of Professionalism credit and up to two hours of Substantive credit.


  • 8:00 am - 8:30 am: Registration and Continental Breakfast

  • 8:30 am - 9:30 am: Plenary Session
    1) CNR v McKercher – When Can Your Law Firm Act Against You?
    Speaker: Bruce Blain

    In CNR v McKercher LLP, the Supreme Court of Canada addresses the question: "Can a law firm accept a retainer to act against a current client on a matter unrelated to the client’s existing files?" This presentation will focus on this 2013 decision, which re-examines the Neil “bright line rule” and sets out a new framework for conflicts analysis, and consider its implications for the client – law firm relationship and what should guide a law department in its decisions.

    This program has been accredited by the Law Society for 1.0 Professionalism Hour.

  • 9:30 am - 9:45 am: Coffee Break

  • 9:45 am - 10:45 am: Break-out Session
    Please choose one of Sessions 2A or 2B

    2A) Proxy Contest Primer – Key Issues for In-House Counsel
    Speakers: Aaron Atkinson, Daniel Batista, Brad Freelan

    This interactive briefing will focus on the results of our ground-breaking Canadian Proxy Contest Study, which revealed the following:
    • Proxy contests are on the rise
    • Dissidents achieved success well over half of the time
    • No one is immune
    • Dissidents often benefit from a high-stakes game
    • True settlement is elusive

    This seminar has been prepared specifically for in-house counsel and will include a discussion of:
    • Key findings
    • Tactics and strategy for the board


    2B) Practical Dispute Resolution Strategies – When and Why to Select ADR Options
    Speakers: Gerry Ranking, Keri Gammon

    This session will provide practical advice designed for in-house counsel on:
    • The options: mediation, arbitration, med-arb and beyond
    • Comparative advantages of ADR and litigation
    • A dispute has arisen: now what? How to shape the most effective ADR process
    • Strategies for selecting the "right" mediator/arbitrator
    • Drafting your ADR clause: practice points and pitfalls
    • Institutional vs. ad-hoc.

  • 10:45 am - 11:00 am: Coffee Break

  • 11:00 am - 12:00 pm: Break-out Session
    Please choose one of Sessions 3A or 3B

    3A) Competitive Intelligence – Legal, Business and Ethical Considerations for Corporate Counsel
    Speakers: Alex Cameron, Brian O'Byrne, May Cheng
    Competitive intelligence (CI) involves the collection, analysis and use of information, primarily about competitors, in order to make an organization more competitive. CI is a large and growing field which is having a considerable impact on private and public sector organizations in Canada and abroad. From both an offensive and defensive perspective, this presentation will highlight a number of legal issues, tools and strategies, and ethical considerations, for consideration by corporate counsel in respect of CI-related activities.


    3B) Intellectual Property, Technology and Social Media – Get Schooled on Social Media & Technology Before They School You
    Speakers: Mark Penner, Kevin Holbeche

    With mobile devices and social media, the line can blur between work and leisure and give way to myriad business security, support and other risks. Businesses need to control use of these new and rapidly changing technologies by their employees and others. To help you realize the potential of this un-wired world, this session will provide guidelines on how to best identify and mitigate IP risks while minimizing potential pitfalls. What to do about user-generated content and IP created and appropriated in this hybrid environment? When and how does something go ‘viral’ and what impact can it have on your business? How can businesses get employees to engage social media as good representatives of their brand? It’s not just about email anymore!

Note: The hours from any of the above break-out sessions may be applied towards the 9 Substantive Hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada for Ongoing Members. Please note that these break-out sessions will not be accredited for Professionalism Hours and cannot be counted for New Members or for Professionalism Hours for Ongoing Members.

  • 12:00 pm - 1:00 pm: Boxed Lunch


This is an in-person program.


This program is complimentary.


The event has passed - Registration is closed.

For more information:

Zahra Malik
+1 416 868 3329