OBA | Professional Development
Critical Developments in Contractual
Interpretation: Practical Applications
In-Person
Business Law
Date:
Monday, May 4, 2015| 9:00 am to 12:30 pm
Location:
Twenty Toronto Street Conferences and Events
20 Toronto Street, 2nd Floor, Toronto
Program Chairs:
Kim Cunnington-Taylor, Nelligan O’Brien Payne LLP
Suhuyini Abudulai, Cassels Brock & Blackwell LLP
Webcast
This program contains 1 Professionalism Hour
This program is eligible for up to 2.5 Substantive Hours
The OBA has been approved as an Accredited Provider of
Professionalism Content by The Law Society of Upper
Canada.
Develop the strategies and practical knowledge that you need to negotiate and draft contracts that are in the best interest of your
client while being in line with today’s evolving legal landscape. The last year has seen a number of legal developments in
contractual interpretation, including decisions such as Bhasin v. Hrynew and Sattva Capital Corp. v. Creston Moly Corp- what do they
mean practically for you and your clients? Benefit from the valuable insights and tools developed by our expert faculty, including
practitioners and in-house counsel. Also, have the opportunity to hone your skills and share best practices with your peers by
participating in hands-on exercises. Register now.
8:30 am Registration and Coffee
•
9:00 am Welcome and Opening Remarks
Panelists:
Geoff R. Hall, McCarthy Tétrault LLP
Mary Ellen Bench, City of Mississauga
Arlene O’Neill, Gardiner Roberts LLP
Ryan W. Mills, Assistant General Counsel, Canada, Aimia
9:10 am Practical Implications for Contract Interpretation
•
How do you need to change your drafting practices in
light of the recent blockbuster SCC decision on
contractual interpretation, Sattva Capital Corp. V.
Creston Moly Corp (“Sattva”)?
•
Dangers of relying on the boilerplate
•
Hands on: Analyze a hypothetical fact scenario and
put to practice what you have learned while sharing
strategies with your peers
10:00 am The Duty of Good Faith and Honest Contractual
Performance
•
What is the scope of the duty of honest contractual
performance that was laid out in the recent SCC
decision in Bhasin v. Hrynew?
•
Dealing with less sophisticated or unrepresented
parties
o What duties do we owe to the wider legal
community?
o What obligations do we owe to our clients?
Hands on: Work with a hypothetical fact scenario to
negotiate and finalize a contract while fulfilling your
duty as counsel and effectively representing your
client’s interests
11:00 am Networking Break
11:20 am Duties of the Innocent Party Faced with a Fundamental
Breach
•
What are the duties of an innocent party who is faced
with a fundamental breach of the contract?
o Insights from A&G Investments Inc. v. 0915630
B.C. Ltd., 2014 BCCA 425
•
Hands on: Use our hypothetical fact scenario and the
knowledge gained to advise your client effectively
12:15 pm Questions and Concluding Remarks
12:30 pm Program Concludes
PROGRAM REGISTRATION IS ONLINE
Questions? pd@oba.org
www.oba.org/pd
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