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This OsgoodePD program, designed and delivered by the leading experts, will provide you with a concise update of the most current and challenging aspects in fertility law, while still providing a solid overview of the key concepts to those who are new(er) to the area.

Increasingly, lawyers from a variety of practice areas are being asked for legal advice on fertility law issues.

Whether it relates to criminal prohibitions, jurisdictional questions, parentage claims, wills & estates matters, non-traditional parenting arrangements, or special issues relating to the LGBT community, the legal issues in this rapidly developing area are both diverse and complex. With the constantly evolving legal landscape, counsel must ensure they are up-to-date and knowledgeable on the latest legal decisions, as well as legislative, jurisdictional and procedural changes.

Topics covered include:

  • In what circumstances are the criminal prohibitions of AHRA engaged?
  • Acting for multiple parties: defining your role
  • LGBT discrimination in legal protection, parental recognition, fertility clinics
  • What to do when things go wrong? – Ethical and practical tips
  • The future of fertility law: emerging issues

Plus! Don’t miss our Judge’s Panel where experienced judges will share their insights and advice on applications for declaration of parentage and non-parentage, as well as advocacy tips to counsel in presenting their case.

Faculty

Chairs

  • Sara Cohen, Fertility Law Canada™ at D2Law LLP
  • Ellen K. Embury, Dunphy Best Blocksom LLP, Calgary

Faculty

  • Cheryl Appell, Dickson MacGregor Appell LLP
  • Doreen Brown, Green Glazer Nadler and Associates
  • The Hon. Justice Victoria Chiappetta, Ontario Superior Court of Justice
  • The Hon. Justice Susanne R. Goodman, Ontario Superior Court of Justice
  • Kelly D. Jordan, Jordan Battista LLP
  • The Hon. Justice Frances Kiteley, Ontario Superior Court of Justice
  • Jocelyne Léger-Nowlan, Actus Law Droit
  • Erin Lepine, Nelligan O’Brien Payne LLP
  • Sherry Levitan, Fertility Lawyer
  • Shirley Eve Levitan, Family and Fertility Law, Ontario
  • Dr. Kimberly Liu, FRCSC, MSL, Mount Sinai Centre for Fertility and Reproductive Health, Mount Sinai Hospital
  • Joanna Radbord, Martha McCarthy & Company LLP
  • Megan Savard, Addario Law Group
  • Anastasija Sumakova, Weir Foulds LLP

Agenda

  • Current and Emerging Issues in Fertility Law

    Original Date: January 20, 2016

    Expand All Collapse All
    • 8:00 am
      Primer Registration and Continental Breakfast
    • 8:30 am
      Optional Primer - Fertility Law: Understanding the Key Concepts

      Sara Cohen, Fertility Law Canada™ at D2Law LLP
      Ellen K. Embury, Dunphy Best Blocksom LLP, Calgary

      If you are new(er) to the area, or need a refresher, this optional primer will give you an up-to-date framework that will serve as a basis for what comes later in the day.
      • What is fertility law?
      • Introduction to the Assisted Human Reproduction Act and regulations
      • Surrogacy and the law: a background
      • Sperm, egg and embryo donation: the law
      • Legal parentage across Canada
    • 9:15 am
      Conference Begins / Welcome from the Chairs

      Sara Cohen, Fertility Law Canada™ at D2Law LLP
      Ellen K. Embury, Dunphy Best Blocksom LLP, Calgary

    • 9:20 am
      Declaration of Parentage Applications: Judicial Perspective

      The Hon. Justice Frances Kiteley, Ontario Superior Court of Justice
      The Hon. Justice Susanne R. Goodman, Ontario Superior Court of Justice
      The Hon. Justice Victoria Chiappetta, Ontario Superior Court of Justice

      • Thorny procedural/substantive issues the courts are seeing in declaration of parentage applications
      • What works and what doesn’t in presenting your case?
      • Are there particular trends the courts are seeing?
      • Advocacy tips to counsel
      • Thoughts on compelling arguments (and the less compelling)
    • 10:15 am
      Refreshment Break
    • 10:30 am
      What To Do When Things Go Wrong

      Erin Lepine, Nelligan O’Brien Payne LLP
      Ellen K. Embury,, Dunphy Best Blocksom LLP

      • The surrogate changes her mind ‒ what next?
      • What do you do when intended parents change their mind?
      • How do you handle a split between intended parents?
      • What do you do if you suspect the surrogate of behaviour which breaches the conduct conditions in the contract?
      • Managing conflict between the parties during the surrogacy
    • 11:15 am
      Criminal and Long Arm Prohibitions in Fertility Law

      Megan Savard, Addario Law Group

      • Criminal prohibitions under AHRA: advising clients
      • Long-arm legislation: prohibitions to understand
      • Tips, tools and best practices from a criminal perspective
      • Lessons learned from recent cases
      • What to do when the RCMP want to see your files
    • 12:00 pm
      Networking Luncheon
    • 12:45 pm
      When Fertility Law Meets Estate Planning

      Anastasija Sumakova, WeirFoulds LLP

      • Advising clients: estate planning considerations
      • Characterization of genetic material in the estates context
        • authority of a personal representative of the deceased
        • authority of attorneys for property/personal care
      • The rights of children born via assisted reproduction
        • definitions of “child” and “issue”
        • posthumously conceived and/or born children
    • 1:30 pm
      New Brunswick and Quebec - Two Unique Jurisdictions for Legal Parentage in Canada

      Doreen Brown, Green Glazer Nadler and Associates
      Jocelyne Léger-Nowlan, Actus Law Droit

      • Legislative overview: from Quebec’s no surrogacy zone to NB’s genetic link requirement
      • Highlighting the differences: declaration of parentage in NB versus adoption in Quebec
      • Is Quebec moving towards recognizing surrogacy?
      • How a NB court was able to fix a gap in legislation that didn’t contemplate ART to decide in “best interests” of child
    • 2:15 pm
      Refreshment Break
    • 2:30 pm
      Parallels in The World of Adoption: What Can We Learn?

      Cheryl Appell, Dickson MacGregor Appell LLP

      • The role of ILA in protecting the integrity of a plan and possible pitfalls of acting for multiple parties
      • The value of regulated and accountable agencies
      • The evolution of information disclosure and openness in adoption
    • 3:00 pm
      Non-Traditional Families: From LGBTQ to 3+ Parent Families

      Kelly D. Jordan, Jordan Battista LLP
      Joanna Radbord, Martha McCarthy & Company LLP
      Dr. Rachel Gorman, Graduate Program, Critical Disability Studies, York University
      Andy Inkster, LGBTQ Parenting Network - Sherbourne Health Centre

      • A review of LGBTQ family formation
      • Discrimination in legal protection, parental recognition, clinics
      • Trans parents: emerging issues and challenges
      • Cross-Canada review of parentage recognition
      • An examination of emerging Canadian and U.S. case law
      • Ethical issues: making your office a LGBTQ welcoming space
    • 3:45 pm
      Understanding the Ethics of Practice in Fertility Law

      Sara Cohen, Fertility Law Canada at D2Law LLP
      Dr. Kimberly Liu, FRCSC, MSL, Mount Sinai Centre for Fertility and Reproductive Health
      Shirley Eve Levitan, Family and Fertility Law Ontario

      • IS ILA necessary? Can it be waived?
      • Counsel’s duty upon discovering questionable expenses/financial contributions
      • Firing clients/declining representation: when and how?
      • Counsel’s obligations upon discovering:
        • breakdown of intended parents’ relationship
        • infidelity between intended parents
      • What does counsel do when acting for donor/carrier and discovers information which could potentially harm the child?
      • Does counsel have any obligation when dishonesty between surrogate and intended parents is discovered?
    • 4:30 pm
      The Future of Fertility Law: From Best Practices to the Unknown

      Sara Cohen, Fertility Law Canada at D2Law LLP
      Ellen K. Embury, Dunphy Best Blocksom LLP
      Sherry Levitan, Fertility Lawyer

      Our experts will analyze the key issues from the day, while highlighting hot issues to keep your eye on, including:
      • Should there be a national egg donation/donor registry?
      • An update on the potential for new regulations under the AHRA?
      • Hospital bills – should there be a legal challenge?
    • 5:00 pm
      Program Concludes

Group Discounts

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.

Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - Program On Demand

Date Recorded
January 20, 2016
Running Time

8:39:02

Fee per Delegate

$525 plus HST

Buy Now

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • Family Law lawyers
  • Fertility Law practitioners
  • Wills and Estates Lawyers
  • Health lawyers
  • General Practitioners
  • Immigration Lawyers

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