Western Canada Class Actions Conference 2021

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Join us and be "first in class" in class actions today!

(Original Live Webinar Date: May 28, 2021)

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Who should attend: This conference is for judges, plaintiff counsel, defence counsel, corporate counsel, and in-house counsel throughout Canada who will be judging, prosecuting or defending class proceedings

Learning level: All levels

Class proceedings continue to evolve as a powerful litigation mechanism and the differences that exist in jurisprudence across jurisdictions makes the class action process extremely complex. As actions cross provincial borders, you will be faced with important strategic, tactical, and practice decisions, such as where to file and how to best manage the certification process.

This year's conference will prepare you to manage a range of issues both long-standing and emerging in class proceedings; from COVID-19 related litigation, to privacy and cyber-security class actions, to public interest cases, to ethical issues in class actions. With BC emerging as a popular class action destination, of particular note is our panel discussion on the differnces between the BC and Ontario class action regimes and what that will mean for class actions in BC. Finally, again anchoring the conference will be the ever-popular Cross Canada Update panel and the Judges Panel.

You will learn from leading counsel and jurists at the center of emerging class action jurisprudence and you will receive a comprehensive review of the issues, trends, and practices shaping class action litigation today.

Law Society of BC CPD Hours: 5 hours (this course will contain a minimum of 1 hour pertaining to professional responsibility and ethics, client care and relations, and/or practice management). Please note: The CPD hours of the rebroadcast will either meet or exceed the CPD hours of the original live webinar course.

Course Chairs
Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Michael A. Eizenga — Bennett Jones LLP, Vancouver/Toronto

Reduced Pricing To support you during COVID-19, CLEBC is offering reduced pricing for courses.

*Last Kick at the Can 2021*
Rebroadcast	$429 $339
Rebroadcast Articled Student	$213.50 $169.50
Are you an Indigenous lawyer or community member? Click here for special pricing. Do you need financial assistance? Click here for bursary information. Experiencing financial hardship due to COVID-19? You may be eligible for further reductions in our course prices. Please contact Customer Service for more information. Registration includes an electronic copy of the reference materials.

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CLEBC Program Lawyer*
Raymond Lee
rlee@cle.bc.ca
*non-practising

Course Chairs
Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Michael A. Eizenga — Bennett Jones LLP, Vancouver/Toronto

About the Course Chairs
Luciana Brasil is a partner at Branch MacMaster LLP, Vancouver and the leader of its class action practice. For the past 16 years, she has practiced almost exclusively in the area of class actions where she has maintained a dual practice representing both plaintiffs and defendants (not in the same case!) in actions commenced across Canada. Luciana was born in Sao Paulo, Brazil and commenced her legal studies there. She enjoyed attending law school so much she did it twice and has a Bachelor of Civil Law Degree (from Mackenzie University in Sao Paulo, Brazil) and an LLB (from UVic). Luciana now gets her periodic fix of schooling by teaching class actions to upper year law students at Allard Hall, UBC. Luciana was admitted to the BC bar in 1999 and to the Alberta bar in 2013. Luciana has been repeatedly recognized by Lexpert as a leading practitioner in class actions and in 2020 was included in Benchmark's list of Top 50 Women in Litigation (Canada).

When not litigating with or against leading class action practitioners, Luciana might be litigating at home with her 10 going on 15 year old daughter, with whom she also shares a passion for equestrian pursuits and travelling to remote destinations.

A Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers, Michael Eizenga is recognized as one of Canada's leading class action litigators. He has been named annually in Best Lawyers in Canada and received the 2021 Lawyer of the Year award in Class Action Litigation. He is also named annually in The Canadian Legal Lexpert Directory and the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada as a leading class action litigation and product liability lawyer and is ranked in Band One by Chambers & Partners. Michael was named Benchmark Canadian Class Action Litigator of the Year in three of the last five years. In 2017, Michael was awarded the highest honour, the Law Society Medal by the LSUC, recognizing his undisputed leadership in the Class Action bar and outstanding commitment to public service.

Faculty
The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
The Honourable Madam Justice Sharon D. Matthews — Supreme Court of BC, Vancouver
The Honourable Associate Chief Justice John D. Rooke — Court of Queen's Bench of Alberta, Calgary
Rahool Agarwal — Lax O’Sullivan Lisus Gottlieb, Toronto
Ranjan Kumar Agarwal — Bennett Jones LLP, Toronto
Daniel Bach — Siskinds LLP, Toronto
Angela Bespflug — Murphy Battista LLP, Vancouver
Brad Dixon — Borden Ladner Gervais LLP, Vancouver
Professor Craig E. Jones, QC — Faculty of Law, Thompson Rivers University, Kamloops
David E. Loukidelis, QC — Young Anderson, Vancouver
Celeste Poltak — Koskie Minsky, Toronto
Amanda M. Quayle, QC — McDougall Gauley LLP, Regina
Christopher Rhone — Branch MacMaster LLP, Vancouver
Margaret L. Waddell — Waddell Phillips Professional Corporation, Calgary/Toronto
Jennifer Winstanley — Camp Fiorante Matthews Mogerman LLP, Vancouver
Cheryl M. Woodin — Bennett Jones LLP, Toronto
Jill S. Yates — McCarthy Tétrault LLP, Vancouver

Click here for full faculty bios

Introduction and Land Acknowledgement (9:00 – 9:05)

Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Michael A. Eizenga — Bennett Jones LLP, Vancouver/Toronto

Class Actions in Canada from Coast to Coast to Coast (9:05 – 9:45)

significant changes in the law
interesting, innovative, and unusual developments
highlights and lowlights for practitioners

Moderator: Luciana P. Brasil — Branch MacMaster LLP, Vancouver

Angela Bespflug — Murphy Battista LLP, Vancouver
Amanda M. Quayle, QC — McDougall Gauley LLP, Regina
Jill S. Yates — McCarthy Tétrault LLP, Vancouver

BREAK (9:45 – 9:55)

COVID-19 and the Class Actions Boom (9:55 – 10:35)

the big picture
the big issues
- LTC homes
- business losses
- ticket cases
what are the lessons?
what happens next?

Moderator: Michael A. Eizenga — Bennett Jones LLP, Vancouver/Toronto

Rahool Agarwal — Lax O’Sullivan Lisus Gottlieb, Toronto
Christopher Rhone — Branch MacMaster LLP, Vancouver
Cheryl M. Woodin — Bennett Jones LLP, Toronto

BREAK (10:35 – 10:45)

The Ontario Amendments and a Broader Comparison of BC and Ontario CAs (10:45 – 11:25)

what do the amendments to the Ontario CPA really mean for class actions:
- in Ontario
- the rest of the country
beyond the amendments—comparing the BC and Ontario regimes

Moderator: Michael A. Eizenga — Bennett Jones LLP, Vancouver/Toronto

Daniel Bach — Siskinds LLP, Toronto
Jennifer Winstanley — Camp Fiorante Matthews Mogerman LLP, Vancouver

BREAK (11:25 – 11:35)

Judges' Panel (11:35 – 12:35)

Moderators: Luciana P. Brasil — Branch MacMaster LLP, Vancouver and
Michael A. Eizenga — Bennett Jones LLP, Vancouver/Toronto

The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
The Honourable Madam Justice Sharon D. Matthews — Supreme Court of BC, Vancouver
The Honourable Associate Chief Justice John D. Rooke — Court of Queen's Bench of Alberta, Calgary

LUNCH BREAK (12:35 – 1:20)

Privacy: The Next Frontier and Leading Edge for Class Actions? Or Is That All There Is? (1:20 – 2:00)

overview of Canada's private sector privacy legislation
how we got here: common law and statutory claims as a basis for class actions
the problem of "notional-nominal general damages"
managing privacy class actions
- what is next?

Moderator: Michael A. Eizenga — Bennett Jones LLP, Vancouver/Toronto

Ranjan Kumar Agarwal — Bennett Jones LLP, Toronto
David E. Loukidelis, QC — Young Anderson, Vancouver

BREAK (2:00 – 2:10)

Public Interest Class Actions (2:10 – 2:50)

an overview of the achievements of the regime
- success
- failings
- solutions and paths forward
can they really do that? the new immunities

Moderator: Luciana P. Brasil — Branch MacMaster LLP, Vancouver

Celeste Poltak — Koskie Minsky, Toronto
Margaret L. Waddell — Waddell Phillips Professional Corporation, Calgary/Toronto

BREAK (2:50 – 3:00)

Ethical Issues in Class Actions (3:00 – 3:40)

take the quiz: a wide-ranging selection of ethical challenges for class and defence counsel

Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Brad Dixon — Borden Ladner Gervais LLP, Vancouver
Michael A. Eizenga — Bennett Jones LLP, Vancouver/Toronto
Professor Craig E. Jones, QC — Faculty of Law, Thompson Rivers University, Kamloops

Concluding Remarks (3:40 – 3:45)

Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Michael A. Eizenga — Bennett Jones LLP, Vancouver/Toronto

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Western Canada Class Actions Conference 2021

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