The annual Refresher program is LESA’s flagship event and always a highlight in our calendar. The upcoming program in April 2025 focuses on the area of wills and estates, with three days of learning sessions and networking opportunities. Detailed presentation information for the 11 sessions has been recently released. Read on for a detailed list of presentation topics.
Presentations
Assessing and Arguing Capacity in Non-Standard Transactions | John E.S. Poyser, Jennifer R. Lamb, Helen R. Ward KC
- The capacity test necessary for a will is common knowledge, but what is required in other transactions? What about when making a minor gift? Settling a gold coin? Making a codicil or adding an administrative clause? Settling half of a person’s worldly goods into an alter ego trust? Voting shares to approve corporate reorganization? Discover how to develop and deploy capacity tests for each of these scenarios. Solicitors will gain important planning insights, and litigators will discover useful tips for impeaching or defending a transaction.
The Lawyer as Witness: Privilege and Waiver in Life and Death | Layne N. Thiessen
- Learn about privilege and waiver, a lawyers’ duties to present and past clients, ethical considerations, and how to develop best practices when dealing with confidential and sensitive information as a solicitor or barrister.
Cross-Border Considerations for Albertans Owning Assets in British Columbia | Fiona Hunter
- Discuss regional differences between Alberta and British Columbia, current case law, as well as drafting and litigation considerations when operating in the two jurisdictions.
Navigating Competing and Conflicting Claims in an Estate, Caveats, and the Importance of Independent Legal Advice | Jennifer R. Lamb, Paul E. Reid, Layne N. Thiessen
- How do you plan around and litigate competing and conflicting claims? When and how do you attempt to stop administration to resolve competing and conflicting claims? When drafting, what approach should you take to weigh potential claims? Explore real world issues that come into play when sorting out claims and gain insight into the application of independent legal advice when an estate becomes complicated by competing claims.
How to Navigate the Surrogate Digital Service (SDS) Application in Unusual Applications | Torri Woods
- The SDS system revolutionized estate administration, but it doesn’t address all situations. Delve into unusual applications through case studies that explore such situations as limited grants, correcting applications, or appealing decisions when an order is required.
Unwitting Tickets to the Tax Court | Justice Don R. Sommerfeldt
- Join a retired Tax Court of Canada (TCC) judge to deepen your understanding of tax litigation tips and traps, TCC procedures and advocacy, and drafting pitfalls that create unexpected tax consequences for trusts and estates. Topics include the role and importance of clearance certificates, the CRA’s collection power under s 160 of the Income Tax Act, the fallout from the Supreme Court’s Collins Family Trust decision, incomplete tax settlements interrupted by an unexpected death, bare trusts, and the use of expert valuation reports in respect of property that is the subject of the deemed disposition on death.
Death and Dower Rights | Tracy King
- While dower rights are generally understood, often too little attention is paid to the details and how these rights may ultimately impact the administration of an estate when the landowner dies leaving behind a spouse who is not on title. Dive deeper in a review of recent case law and discover exactly what dower rights include (which may surprise you!), what difficulties can arise, strategies for overcoming challenges, and tips for the drafting solicitor.
Broken Promises or Best Intentions? Exploring Common Truths and Misconceptions Surrounding Joint Ownership in Canada | Kimberly Whaley, Nancy Lynn Golding KC, Helen R. Ward KC, Jennifer R. Lamb, Les Scholly
- Recent caselaw surrounding joint ownership of assets in Canada has highlighted not only tension between the law in gifts and rights of survivorship but has also demonstrated some of the potential pitfalls in using joint ownership as an estate planning vehicle. This presentation will explore joint ownership through the lens of the presumptions of Resulting Trust and Advancement by taking a comprehensive look at treatment of the issues across Canada and some of the common circumstances which lead to disputes. Join us as we review recent decisions and the divergence of outcomes in the context of remedial proceedings to reaffirm beneficial ownership, restore title, and respond to misappropriation. We’ll also address practical steps and planning to prevent abuse and navigate the restitution of abuse.
Administration of Problematic Assets | Les Scholly
- Discuss commonly occurring but unusual assets you may encounter in the administration of an estate: selling a business, dealing with professional corporations, good will, family use property, collections, bullion, and more.
Navigating the Rules and Practical Approach to Estate Litigation | Nancy Lynn Golding KC, Helen R. Ward KC, Michael Klaray
- Glean important information from senior practitioners about how the court considers costs, accounting (including Rule 99 applications and pre-death transactions), rectification, interpretation, validation, non-compliant documents, as well as evidence and hearsay (including the discovery of drafting solicitors and what drafting solicitors can do in anticipation of litigation).
De-Escalating High Conflict Behaviour | Michael Lomax
- Michael Lomax is a highly experienced mediator and conflict resolution trainer and former lawyer. Michael has conducted hundreds of workplace and family mediations and was the director of a federal government workplace mediation centre. Michael is an Associate Speaker/Trainer with the High Conflict Institute based in San Diego, CA, and regularly delivers workshops on how to manage high conflict personalities. Learn from Michael on how to best deal with strong personalities and high conflict relationships whether it be your client, opposing counsel, or their clients.
Registration Information
Visit the registration page for full program details (including information about accommodations) and to register.
