Interim Remedies: Mastering the Pre-emptive Strike in High Stakes Litigation 2023

Course Chair
Chilwin Cheng — Ascendion Law, Vancouver

About the Course Chair

Chilwin Cheng is a skillful business litigator with deep experience in civil litigation, regulatory and criminal defence work, and public law. He is experienced in his fields, as senior counsel, and having been Chief Counsel of the regulator of Canada's public equities markets and trading systems, a prosecutor with the BC Securities Commission, and a former Crown counsel.

He has been counsel in numerous interim and interlocutory proceedings, including Mareva injunctions, preservation orders, receivership, and regulatory orders. His current work includes cases involving the intersection of criminal and regulatory investigations and s. 7 of the Charter, a challenge under federalism principles, and has had recent success in the Court of Appeal challenging provincial regulators. He's a thought leader in law practice innovation and a pioneer in the legal industry using quantitative approaches to litigation assessment and management as Chair of the CBA BC's Business Practice and Innovation Committee. He has led many CLEBC conferences, including the 2022 Regulatory Proceedings and White-Collar Defence conference, a convening of leading practitioners in the province.

Faculty
The Honourable Mr. Justice David A. Crerar — Supreme Court of BC, Vancouver
Mat Brechtel — Seastone IP LLP, Vancouver
Dean A. Crawford, KC — Pulver Crawford Munroe LLP, Vancouver
Greg P. DelBigio, KC — Thorsteinssons LLP, Vancouver
Scott Foster — Seastone IP LLP, Vancouver
Jeremy Gellis — Cozen O'Connor LLP, Vancouver
Graeme A. Hooper — MLG Law Corporation, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver
Brent Olthuis, KC — Olthuis Van Ert, Vancouver
Mark Oulton — Nathanson, Schachter & Thompson LLP,  Vancouver
Marino J. Sveinson — Pulver Crawford Munroe LLP, Vancouver

Click here for full faculty bios

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Raymond Lee — Program Lawyer, CLEBC, Vancouver
Chilwin Cheng — Ascendion Law, Vancouver

Mareva Injunctions and Preservation Orders (9:10 – 10:05)

• the latest developments in the law of interlocutory injunctions and preservation orders
• ethical considerations when applying for and responding to orders
• a view from the bench

The Honourable Mr. Justice David A. Crerar — Supreme Court of BC, Vancouver
D. Ross McGowan — Borden Ladner Gervais LLP, Vancouver

BREAK (10:05 – 10:10)

Regulatory Orders from Administrative Agencies (10:10 – 10:55)

• responding to interim orders and directions issued by regulatory agencies
• responding to information requests and other interim directions
• protecting your client from the products of interim steps taken by administrative agencies

Graeme A. Hooper — MLG Law Corporation, Vancouver
Mark Oulton — Nathanson, Schachter & Thompson LLP,  Vancouver

BREAK (10:55 – 11:05)

Employment Injunctions (11:05 – 11:55)

• interim injunctions in tort-based matters (e.g., illegal picketing)
• interim injunctions in employment disputes, including enforcing restrictive covenants

Dean A. Crawford, KC — Pulver Crawford Munroe LLP, Vancouver
Marino J. Sveinson — Pulver Crawford Munroe LLP, Vancouver

LUNCH BREAK (11:55 – 12:50)

Freezing and Forfeiture Orders before the BC Securities Commission (12:50 – 1:30)

• a review of significant developments in the law of freezing orders under the Securities Act
• anticipated developments in forfeiture applications
• the new "ticketing" regime

Jeremy Gellis — Cozen O'Connor LLP, Vancouver

BREAK (1:30 – 1:35)

Civil Forfeiture (1:35 – 2:25)

• latest developments in the law of civil forfeiture
• use of civil remedies in the intersection with criminal proceedings
• considerations when dealing with the Charter

Greg P. DelBigio, KC — Thorsteinssons LLP, Vancouver
Brent Olthuis, KC — Olthuis Van Ert, Vancouver

BREAK (2:25 – 2:35)

Injunctions in Intellectual Property Disputes (2:35 – 3:25)

• injunctions and interim remedies to protect trademarks
• interim remedies in protecting patent infringement cases

Mat Brechtel — Seastone IP LLP, Vancouver
Scott Foster — Seastone IP LLP, Vancouver

BREAK (3:25 – 3:30)

Practical Issues (3:30 – 4:00)

Chilwin Cheng — Ascendion Law, Vancouver

Concluding Remarks (4:00 – 4:05)

Chilwin Cheng — Ascendion Law, Vancouver