Program Chairs:
Eliot N. Kolers,
Stikeman Elliott LLP
Alyssa Tomkins,
Caza Saikaley LLP
If your client's case settles for a million dollars, do you know how much tax each side can deduct or claim? Are the clauses in your settlement agreements strong enough to contemplate all potential breaches? Explore the nuanced aspects of settlement at our new program designed to help litigators maximize their chances of settlement at each phase of the litigation process. Hear from top litigators and judges on when and how to settle cases both inside and outside of the courtroom. From case conferences to mediations, pre-trial hearings to e-mails between counsel, there is an art to settlement and you will learn it all here. This program is designed for litigators from across all practice areas.
You will learn:
- How to identify and prepare for settlement opportunities throughout the lifecycle of your case
- How to draft comprehensive offers to settle
- What strategies and tactics mediators find the most helpful
- How GST/HST/QST applies to settlement payments and payments for damages
- What language should be used in settlement agreements to limit the risk of potential GST/HST/QST issues
- Key terms to consider in drafting an enforceable deal
- How to enforce the terms of a settlement agreement when a breach occurs
Registration includes electronic materials, which will be provided prior to the program. Registration also includes access to the live webcast recording for 30 days from the date of the program.
*Due to current concerns with COVID-19, we will be offering this program fully remotely via webcast only.
Please review the system requirements to view a Zoom event here.
This program qualifies for the
Alternative Dispute Resolutions Skills Certificate.
Faculty Includes:
The Honourable Dennis O'Connor, Borden Ladner Gervais LLP
Kelly Doctor, Goldblatt Partners LLP
Cheryl Goldhart, Goldhart & Associates
Matthew P. Gottlieb, Lax O'Sullivan Lisus Gottlieb LLP
Alan Kenigsberg, Osler
Dana Peebles, McCarthy Tétrault LLP
A. Shawn Richard, Lenkinski, Carr and Richard LLP
Anne Tardif, Gowling WLG
John Westdal, APTUS Conflict Solutions
1:00 – 1:05
Welcome and Introductory Remarks
Alyssa Tomkins, Caza Saikaley LLP
1:05 – 1:50
Strategic Considerations for Engaging in Settlement Discussions
Cheryl Goldhart, Goldhart & Associates
Dana Peebles, McCarthy Tétrault LLP
Anne Tardif, Gowling WLG
Moderator: Eliot N. Kolers, Stikeman Elliott LLP
1:50 – 1:55
Break
1:55 – 2:40
The Role of Mediators in Successful Settlements
The Honourable Dennis O'Connor, Borden Ladner Gervais LLP
John Westdal, APTUS Conflict Solutions
Moderator: Alyssa Tomkins, Caza Saikaley LLP
2:40 – 2:45
Break
2:45 – 3:10
Important Tax Considerations
Alan Kenigsberg, Osler
Introduced by: Eliot N. Kolers, Stikeman Elliott LLP
3:10 – 3:55
Drafting and Executing Enforceable Agreements
Kelly Doctor, Goldblatt Partners LLP
Matthew P. Gottlieb, Lax O'Sullivan Lisus Gottlieb LLP
A. Shawn Richard, Lenkinski, Carr and Richard LLP
Moderators: Eliot N. Kolers, Stikeman Elliott LLP, Alyssa Tomkins, Caza Saikaley LLP
3:55 – 4:00
Concluding Remarks
Eliot N. Kolers, Stikeman Elliott LLP