Securitizing, monitoring and enforcement strategies for creditors in a private equity and private debt context

If you are contemplating, or already have, invested or loaned funds into a private business you need to know how to securitize, monitor and, if necessary, enforce for the repayment of your investment or loan.  

Join Tom McElroy and Elisabeth Colson for this webinar as they discuss the various types of available financing and discuss how the type of investment and security taken impacts both the lender and the borrower in the event of an unanticipated business failure. They will describe the various considerations for traditional bank financing (and inter-creditor/subordination agreements); vendor take-back; assignments of a lease in favor of the landlord; share pledges; personal and corporate guarantees; collateral-specific and general security agreements. They will also discuss how each of the above types of security work in concert with the personal property security regime in Ontario, and their possible implications for the lender and borrower in the event of an unanticipated insolvency of the target business.

Once the investment has been made and loans or equity advanced, it is important to monitor the position of your investment or loan. For example, there are certain creditors that will always rank in priority to any investment or loan, and it is important to monitor your investment and the target business to ensure that these creditors do not encroach on your security position.  They will provide practical and effective monitoring procedures to help ensure your investment or loan is protected as well as your recourse options if the business is not progressing as anticipated or if your security position is at risk of deteriorating.  We will illustrate the options that are available to creditors to enforce on their security using real-life examples.

Click here for more information on the presenters.

Webinar – Issues Regarding the Determination of Income for Support Purposes

During this 2-hour webinar, join our expert panel of judges, lawyers and CBVs as they discuss:

  • Cost/benefit vs expectation of the Court with respect to the level of “forensic review” to be done.
  • Considerations impacting the decision to attribute some or all of corporate income or losses.
  • Imputation of income on underutilized assets and/or unrealized gains.
  • Tax gross up on personal benefits
  • Double dip
  • Other issues as identified by panelists or registrants
    • please submit issues you would like discussed to deborah.hanlon@cicbv.ca

Click here for more information on our panelists.

BC Workshop – The lack of access to capital for small business – and how to solve the problem

Traditional banks, which have long relied on human-intensive processes and legacy systems to evaluate small business credit, have been gradually reducing their unsecured small business lending activity for decades. This has resulted in a major lack of access to credit for small business. Even those small businesses that are lucky enough to have a shot at bank financing tend to find the process overwhelming and time consuming. Merchant Advance Capital’s goal was to solve this problem using new approaches and technologies. Since its inception, the company has looked at over 10,000 small business funding applications. In its 6 years of funding small businesses the company has built its own proprietary credit scoring model which categorizes applications into a number of risk buckets. The development of these models has been critical to scaling the company’s operation and providing a fast and convenient borrowing experience for its clients. In David Gens’ presentation, he will give some insight into some of the major factors that have proven to be statistically significant in predicting small business credit performance and the importance of alternative data sources to doing business in today’s technology-driven world.

Click here for more information

Webinar – Economic Update & Outlook

Helmut Pastrick, Chief Economist for Central 1 Credit Union, will provide a review of recent economic trends in Canadian and provincial economies.  In addition, he will also discuss forecasted trends and issues in the Canadian economy, interest rates, and our dollar.

Click here for more information

Webinar – Open Forum including Business Brokers Act and Valuation of Real Estate Holding Companies

This open forum webinar provides an opportunity for discussion and collaboration on matters of mutual interest to CBVs.  The intention is for this to be the first in a series of quarterly webinars addressing varied topics affecting you in your daily practice.  The facilitator will assist the participants in a discussion of areas of common interest, based on suggestions provided by the participants prior to the forum, as well as matters brought to the CICBV’s attention as of late.

 This inaugural session will be of particular interest to valuators working in the M&A area who should be aware of issues dealing with the Business Brokers Act; and to those who regularly deal with valuation and related tax issues of real estate Holding Companies. 

Facilitator:  Dwayne N. Pyper, CPA, CA, CBV, Q.Med., Partner, Business Valuations –  Durward Jones Barkwell & Company LLP – Grimsby, ON

Click here for more information

Due to the interactive nature of this webinar forum, registration will be limited to 50 attendees

Calgary Workshop – M & A Update – What a Difference a Year Makes! [SOLD OUT]

Given a 70% drop in oil prices and resultant dramatic shift in the Alberta economy, this session will provide a summary of M & A activity, transaction multiples and deal structures in the current environment. Join Aroon Sequeira, Founder of Sequeira Partners as he discusses the current financing environment and reconciling deal metrics to notional valuations.  

Click here for more information   

Register early as space is limited to 30 attendees

BC Workshop – The BC Family Law Act: An Update on the Application of the New Act in Practice

Decisions on property under the new BC Family Law Act started coming down mid-2014 and have been steady throughout 2015. We are now at a point where we have seen the act put into practice. Mr. Jonathan Lazar, Lawyer and Partner at Watson Goepel LLP, will discuss the impact of the new act on division of property and on the dispute resolution process, along with some practical examples and case studies.

Montreal Workshop – Working Capital Issues – SOLD OUT

The Montreal Workshop Committee invites you to join their panel as they discuss the following issues as they relate to working capital:

  • LOI vs. Definitive Agreement
  • Pricing transactions
  • Working capital and earn-out mediation and arbitration
  • Negotiating working capital
  • Negotiating employment contracts and non-competes
  • GAAP vs. historical accounting practices
  • Financing and due diligence

Registration is limited to 60.  Register early to secure your spot.

Click here for more information.

Intangible Asset Valuation and Financial Reporting Symposium – SOLD OUT

As of late, the valuation of intangible assets, and the calculation of impairment on such assets, have become hot topics in the United States and around the world.  Regardless of the market in which a CBV practices, these valuation issues demand specialized technical knowledge which enables a CBV’s work to stand up to the scrutiny of clients, auditors, and tax and regulatory authorities.  This comprehensive and practical one-day symposium will provide participants with a good working understanding of the theory underlying, and practical mechanics relating to, the valuation of intangible assets and related financial reporting issues, including purchase price allocations and goodwill impairment.

Click here to review the detailed agenda of this important, not to be missed one day symposium. 

 

 

China: Inbound and Outbound Transactions

Join Ray Moran, CEO of MG Valuation as he discusses the business, valuation and cultural issues often encountered in working with China related transactions. Ray will also discuss inbound joint ventures in China, outbound Chinese M&A into North America, and Chinese investment in North American commercial real estate.

MG Valuation is a valuation firm doing business in the Americas, Asia/Pacific and Europe. Ray has lived in China, and has been working with Chinese firms for fifteen years.

click here for more information

 

Dental Practice Valuations in 2016 – A Glimpse Into an Industry

Dental Practices Valuations require expertise as unique as the industry itself.  Dentists know very little about financial matters and financial experts (generally) know very little about the practice of dentistry (except that it is something they want to avoid experiencing first hand).  Join Jared Behr, Director of Valuation Services (Horizon Chartered Professional Accountants Ltd.)  for this one hour presentation which will look at key trends in 2016 and specific factors that are taken into account when determining the value of the shares or assets of a privately owned dental practice.  Dental practice purchases are generally a highly leveraged transaction (i.e. financed mostly by new debt) and the valuations are commonly used by the “big banks” when assessing the debt capacity and reasonability of the purchase price (i.e. their willingness to lend and at what rates).

click here for more information

Edmonton Workshop – M & A Update – What a Difference a Year Makes! – SOLD OUT

Given a 70% drop in oil prices and resultant dramatic shift in the Alberta economy, this session will provide a summary of M & A activity, transaction multiples and deal structures in the current environment. Join Aroon Sequeira (Founder) and Scott Acheson (Associate) from Sequeira Partners as they  also discuss the current financing environment and reconciling deal metrics to notional valuations.  

Click here for more information   

Register early as space is limited to 20 attendees

Practice Roundtable

This ‘roundtable’ event will provide a forum for discussion and collaboration on matters of mutual interest to Members.  The facilitators will assist the participants in a discussion of areas of common interest, based on suggestions from the participants submitted prior to the roundtable and matters brought to the CICBV’s attention as of late.

Facilitators:  Keith Jensen – KPMG LLP (Vancouver) & Lorne Siebert – Siebert Valuation Services Ltd. (Calgary)

Registration is limited to 20 attendees.  Register early to secure your spot.

More information

 

Commercial Agreements & Corporate Finance and Crowdfunding

Join Elizabeth Colson (Partner, Corporate & Commercial Law, Devry Smith Frank LLP) and Sabina Mexis (Senior Associate, Tax Law, Devry Smith Frank LLP) as they discuss the types of clauses of which one should be particularly aware when assessing the value of commercial agreements (e.g. commercial contracts, leases, shareholder agreements, licensing agreements).  They will review recent jurisprudence and case studies, where applicable as well as provide a brief overview of traditional methods of corporate finance, offered primarily for background purposes against which to compare the recent crowdfunding phenomenon. They will also discuss crowdfunding’s impact on traditional capital-raising models from a security/equity perspective and the tax implications of crowdfunding, as well as recent jurisprudence and case studies, where applicable.

Click here for more information.

Atlantic Workshop – Social Evening

The Atlantic Workshop Committee invites you to join us for a social and networking event on Thursday January 14, 2016.  We will get a chance to congratulate our new members, meet some new students, and mingle amongst colleagues.

 Craig Maloney, Atlantic representative on the CICBV Board of Directors, will also provide an update of the most recent CICBV activities.

Thumbs Up, or Two Thumbs Way Down? The essential guide to the benefits and pitfalls of using rules of thumb in valuations

Rules of thumb are used by business valuators and business owners as preliminary tools to calculate the value of business interests, or as a “reasonability check” of value arrived at using a primary valuation method, or, infrequently, as a primary valuation method itself.   

Rules of thumb have the advantage of being straightforward and inexpensive to apply.  Yet while “generally” useful, applying these rules wholesale, without properly considering their applicability in a transactional context, or failing to note key underlying assumptions implicit in the specific rule of thumb being applied, can easily lead to the gross under or over-valuation of business interests.  Join Prem Lobo (Principal, Cohen Hamilton Steger & Co. Inc.) and Tara Singh (Senior Associate, Cohen Hamilton Steger & Co. Inc.) as they discuss how business valuators and business owners have to understand how rules of thumb are determined in the first place, and whether they are applicable in the specific context of the business interest being valued. 

This webinar is an essential guide to the benefits and pitfalls of using rules of thumb to value business interests.  We will discuss commonly cited sources of rules of thumb data, how such rules of thumb are compiled/determined, what contextual circumstances may or may not be considered by rules of thumb, examples with respect to the potentially appropriate and inappropriate use of rules of thumb to value business interests in specific circumstances and overall comments from Court judgments with respect to the use of rules of thumb.

Click here for more information

Deconstructing Transaction Agreements From Three Perspectives

This webinar discusses what financial advisors should know about definitive transaction agreements to effectively advise their clients when they are negotiating a sale transaction or a significant private equity financing.  The perspectives given in the webinar will include those of (a) the financial advisor, (b) legal counsel, and (c) the R&W insurance carrier.  It is broken down into two parts:

 Part I: This installment is a primer on the importance on non-financial terms, key aspects of definitive transaction agreements that materially impact transaction outcomes and the ranges of common market practice in each area. 

 Part II: This installment explores recent market developments in definitive transaction agreements and discusses recent innovations, particularly representations and warranties (R&W) insurance.

[vimeo videoID="145391383" width="360" height="210" align="left" wrapText="off"]

If you would like a copy of this presentation, please send an email To Deborah Hanlon at Deborah.Hanlon@cicbv.ca.

Montreal Workshop – Montreal Holiday Social Event

The Montreal Workshop Committee invites you to join us for a high-energy, much-awaited social and networking event on Thursday December 3, 2015.  You will want to attend if you answered yes to any of the following questions:

  • Enjoy connecting or reconnecting with fellow valuators.   
  • You or someone you know and/or work with has recently passed the 2015 Membership Qualification Exam and need to celebrate in proper CBV style.
  • You have been working way too hard during 2015, and deserve to have a good time with your peers.
  • It’s December and you are looking forward to the holidays. 
  • Interested in a Scotch and Whisky tasting tutorial presented by Savori, affiliated to the SAQ (a first tasting will take place at 6:20 and a second at 7:10).
  • Hear an update from Pierre Maille, Chair of the CICBV Board of Directors, on what’s happening at the CICBV.

 During the evening, we will be collecting non-perishable food or money donations that we will give to Moisson Montreal. Be generous!

Space is limited to 70 so register now!

BC Workshop – Economic Update

Helmut Pastrick, Chief Economist for Central 1 Credit Union, will provide us with his annual BC economic review of 2015 and outlook for 2016.

Click here for more information.

Quebec City Workshop – DES NOUVELLES DE VOTRE INSTITUT : Revue professionnelle et Formation continue

L’Institut canadien des experts en évaluation d’entreprises se penche actuellement sur deux sujets qui vous interpellent certainement : la Revue professionnelle et la Formation continue. Madame Julie Martel, membre du conseil d’administration à titre de représentante pour la province de Québec, nous dressera un portrait de la situation actuelle et des travaux en cours à l’Institut. Des tables rondes ont déjà eu lieu dans plusieurs autres provinces et les membres ont eu l’opportunité de s’exprimer sur ces sujets. C’est maintenant à votre tour de nous faire part de vos préoccupations, commentaires et idées sur ces deux sujets d’intérêt.

 

Toronto Workshop – BUSINESS VALUATION ~ CRA & PROFESSIONAL ADVISOR PERSPECTIVES

Mark DeMarco, Team Leader of the Business Equity Valuations for the Canada Revenue Agency’s Toronto Regional Valuations Unit and Dennis Leung, Director of Valuations for Grant Thornton offer their perspectives on variety of business valuation topics, which include: 

  • Mandate and objectives of the Toronto Centre Business Equity Valuations Unit
  • Typical referrals to CRA Business Valuations
  • The role and objectives of the Canada Revenue Agency valuators
  • Definition of fair market value
  • Stock market and fair market value
  • Tax shelters
  • Professional goodwill
  • Taxes and fair market value
  • Hindsight
  • Unrelated parties
  • Third party penalties 

During the workshop, Mark will provide Canada Revenue Agency perspective on each of the above noted topics, while Dennis will provide views from the prospective of a professional advisor.

Click here for more information

Working Capital Considerations in an M&A Context

The CICBV is pleased to present a discussion on Working Capital in and M&A Context, featuring Troy Ternowetsky, Managing Partner at Osprey Capital Partners. There are a number of working capital issues that occur within the context of a purchase or sale of a business. To identify the solutions to those issues, the dynamics of working capital must be understood.

[vimeo videoID="142511091" width="360" height="210" align="left" wrapText="off"]

If you would like a copy of this presentation, please send an email To Deborah Hanlon at Deborah.Hanlon@cicbv.ca.

2016 National Conference

CICBV’s 2016 National Conference

Continuing Education hours 11 hours

[accordion title="Conference Organizing Committee"]

Keith Jensen, CBV – Co-Chair – KPMG LLP – BC
Derek Sanders, CBV – Co-Chair – Spence Valuation Group – BC
Lorne Siebert, CBV – Siebert Valuation Services Ltd. – AB Jonathan Gallant, CBV – WBLI Chartered Accountants – NS
Ohran Gobrin, CBV – Fuller Landau LLP – ON Jeff Chapman, CBV- BDO Canada – ON
Renata Milczarek, CBV – Mareval SENCRL – QC Deborah Hanlon CICBV Events Manager Toronto – ON

[/accordion] [accordion title="Cancellation Policy"]

Cancellation Policy

  • Before May 1, 2016 – 60% refund
  • After May 1, 2016 – no refund will be given however substitution of person to this conference will be permitted.  Refunds will not be applied to future conferences.

For further information, call Deborah Hanlon at 416.977.1117 ext. 222 or email deborah.hanlon@cicbv.ca

[/accordion][accordion title="Conference Material"]

The following conference presentations have been provided by the presenter:

Comprehensive, Estimate and Calculation Valuation Reports – What’s in a Name

Valuing Businesses in a Volatile Market

Yah, I’m going to have to Google this one” – Valuing Beneficial Interests in Discretionary Trusts

Papering the Deal: Anticipating and Addressing Valuation Issues in Legal Agreements

From Behind the Vail or to no Avail: Current thoughts on attribution of corporate income for Support PurposesAdditional material

Redefining Value Through Social Enterprise

Net Working Capital: Buy-side vs. Sell-side

Debt Instruments Can Be Complex: Valuing Them Doesn’t Have to Be

The Value Impact of Due Diligence

Tax Issues and Strategies Relevant to Matrimonial Litigation

The Royalty Explored

Speakers Biographies

Delegates List as at June 1, 2016

Agenda

 

[/accordion]

[accordion title="Hotel Information"] 

Please book your hotel accommodations at the time of registration as space is limited.

The Conference hotel is The Fairmont Empress.  June is peak time at the hotel and our room block/hotel will sell out quickly. The cut-off date for our conference rate is May 14, 2016.  

The following room rates are available and prices are based on single & double occupancy rooms:

  • $ 219.00 – Fairmont Room (single or double occupancy)
  • $ 249.00 – Deluxe (single or double occupancy)
  • $ 269.00 – Harbourview Deluxe (single or double occupancy)

To book a room: Online booking:  https://resweb.passkey.com/go/cicbv2016 or call Central reservations:  1-800-441-1414.

When booking your room, our conference code is CANA0616_001 or you can quote the event name of CICBV 2016.  The conference rate is available from June 13 – June 20, 2016 pending room availability.

Our room block at the Fairmont Empress is sold out.  We have secured an additional conference rate, based on availability, at the Marriott Victoria Inner Harbour located across the street from the Victoria Conference Centre. 

 Reservations by phone: You can book individually by calling reservations toll-free at 1-888-236-2427 and asking for the CICBV group rate of $ 279.00

 Book your room online at our negotiated rate of $ 279

Individual credit card numbers must be provided at time of booking to guarantee each reservation.  Reservations will only be permitted pending hotel availability.  First night’s Room & Tax will be charged if cancellations are received 3 days or less prior to the day of arrival. 

[/accordion][accordion title="Travel Options"] 

Air Canada is the Official Canadian Airline for the Conference

To book a flight with your promotion code, access aircanada.com and enter your promotion code in the search panel.

PROMO CODE is: RDXMRXV1

  • The booking is to be made to the following city: Victoria, YYJ (BC).
  • This Promo Code is available to the first 250 delegates who book their travel with Air Canada.
  • The travel period begins Sunday, June 05, 2016 and ends Sunday, June 26, 2016.
  • Travel is valid Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday.

No discount will apply to Tango bookings for travel within Canada or between Canada and the U.S.

Travel Zone Fare Product Discount
Travel within Canada Business Class (flexible)
Business Class (lowest)
Premium Economy
Latitude
Flax
Tango
10%
0%
10%
10%
10%
0%
Travel between Canada and the U.S. Business Class (flexible)
Business Class (lowest)
Latitude
Flax
Tango
12%
0%
10%
10%
0%
Travel between North America and International destinations Business Class (flexible)
Business Class (lowest) – C class fares*
Latitude
Flax
Tango
12%
12%
10%
10%
10%

Please note that the 12% discount does not apply to already reduced Z and D class Business Class (lowest) fares.

Fly West Jet and Save…

WestJet is pleased to offer a 10% discount off the best-available Econo, Flex and Plus fare at the time of booking.

To book reservations, please visit www.westjet.com and be sure to use both the promo code and coupon code when prompted.

  • Promo Code YYJ02
  • Coupon Code BYJHTWS

The discounted rates are available for travel between June 6 – 23, 2016. To book your flight please visit www.westjet.com

FLOAT PLANES between Vancouver & Victoria

Downtown Victoria is also serviced by local and regional flights.

Arriving by FERRY

Ferry service efficiently connects Victoria on Vancouver Island to its Canadian and US neighbours.

  • Frequent daily service by BC Ferries between Vancouver and Victoria brings cars and passengers to its terminal at Swartz Bay, approximately 32 km north of Victoria. www.bcferries.com
  • The Coho (Black Ball Ferry Line) links Port Angeles to Victoria www.cohoferry.com
  • The Clipper’s passenger-only service connects Victoria to Seattle www.clippervacations.com

Ground transportation

Travel from Victoria International Airport to the Conference Centre/Fairmont Empress, by your choice of airport shuttle, taxi cab or rental car takes approximately 30 minutes.

  • Airport shuttle www.yyjairportshuttle.com
  • Regent Limousine (all prices are for a 1-way fare and include taxes and gratuity)
    • Sedan – $ 90 (2 people)
    • SUV – $ 114 (4-6 people depending on the amount of luggage)
    • Sprinter Van – $ 156 (up to 10 people)

To make your reservation, please call 1.250.380.1911

  • Taxi – approx. $ 65+ depending on traffic (taxi companies in BC do not offer flat rates)
  • Pacific Coach Lines between downtown Vancouver, YVR (Vancouver International Airport) and downtown Victoria. The highlight of this scenic transfer is a 95 minute ferry ride through the Gulf Islands on BC Ferries. There are two separate fees for this option – the fare for Pacific Coach and the fair for BC Ferries. http://www.pacificcoach.com/

[/accordion][accordion title="Victoria B.C. Attractions"] 

For a full listing of what to do in Victoria, visit http://www.tourismvictoria.com/things-to-do/

Here are some recommendations:

Golf

Whale Watching

Gardens & Parks 

Farm to Table Dining

Sports & Outdoors

Craft Beer, Cider & Spirits

Spas & Wellness

Arts, Culture & History

So many to choose from – visit http://www.tourismvictoria.com/things-to-do/arts-entertainment/

[/accordion]

Sponsors

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Deconstructing Transaction Agreements From Three Perspectives

This webinar discusses what financial advisors should know about definitive transaction agreements to effectively advise their clients when they are negotiating a sale transaction or a significant private equity financing.  The perspectives given in the webinar will include those of (a) the financial advisor, (b) legal counsel, and (c) the R&W insurance carrier.  It is broken down into two parts:

 Part I: This installment is a primer on the importance on non-financial terms, key aspects of definitive transaction agreements that materially impact transaction outcomes and the ranges of common market practice in each area. 

 Part II: This installment explores recent market developments in definitive transaction agreements and discusses recent innovations, particularly representations and warranties (R&W) insurance.

Click here for more information

Toronto Workshop – Mock Trial – “There are things which he stretched but mainly he told the truth”, Mark Twain LEARN HOW TO AVOID THE STRETCH AND TELL THE TRUTH

This evening will provide a demonstration of an examination in chief and cross examination of real life business valuators by experienced lawyers, before an experienced, senior Justice of the Court. The expert must come prepared to explain his or her qualifications in the field and to explain and support his or her opinion and report on examination in chief. . The expert will then face cross examination which attempts to cast doubt on the qualifications, the opinion and the assumptions on which it is based. The Court will make rulings on the parameters of the qualifications and address objections taken by the lawyers during testimony. At the end of the case, the Court will decide if the opinion is to be accepted or rejected by the Court. All of this is against an increasing role by a Court as the gatekeeper of expert evidence and the continued emphasis on the expert’s duty to the Court to be independent and not an advocate for his or her client.

 The facts involve a claim by a CFO and part owner of a company who has sued for what he says is wrongful dismissal. The company defends on the basis that the departed CFO was terminated for just cause as he had  engaged in wrongful conduct which included the use of company resources,  to pursue the sale or expansion of the company, which the company says  was contrary to the specific  instructions provided to him. This may also be found to be a case of the CFO putting his own interests as a shareholder before the interests and instructions of the company. The company has also counterclaimed for the misapplied company resources.

 An expert has been retained to provide an opinion on the value of the ex CFO’s ownership stake in the company, under two scenarios. The first is if the Court finds wrongful termination and second if the Court finds in favour of the ex CFO.

 As an added wrinkle, there is some evidence that prior to his departure from the company, the ex CFO made statements that a purchaser could reduce operating expenses, which would have increased the value of his shares. As well, the shareholders are bound by a shareholders agreement, which provides a procedure for the valuation, repurchase, buying and selling of the shares, under different sets of circumstances.

Mock Trial participants:
The Honourable Roger T. Hughes – Ottawa, ON
Cynthia R.C. Sefton, Senior Litigation, Partner, Aird & Berlis LLP, Toronto, ON
Steven Hacker, CPA, CA, CBV, Partner, MNP, Toronto, ON
Helen Norris, CPA, CA, CBV, Associate, Cohen Hamilton Steger, Toronto, ON
Becky Seildler, CPA, CA.IFA, CBV, CFF, Vice President, KPMG Forensic Inc., Toronto, ON
 

Click here for more information

Business Valuation Issues In Family Law: Your Chance To Hear From The Decision Makers (In-person)

During this 3-hour (in-person) session, join our expert panel of judges, CBVs and a family law lawyer as they discuss:

  1. Role of the Expert and other trial matters
    • Current rules and the obligation of experts
    • Neutrality, impartiality and objectivity
    • Implications during settlement vs trial
    • Proportioning costs
  2. Business Valuation Issues
    • Alternative levels of assurance
      1. Understanding of difference in Calculation, Estimate and Comprehensive valuation reports
      2. Implication on weighting given by Court
    • Alternative valuation approaches (capitalized income, discounted cash flow, EBITDA)
    • How to make evidence helpful to the Court
    • Exclusion of assets due to gifting/inheritance rules
    • Disposition costs
      1. Contingent income taxes at corporate level
      2. Contingent personal income taxes
    • Other asset based valuation disposition costs
  3. Guideline income – common errors and areas of diverse judgment:
    • Expectation of Court with respect to level of “forensic review” to be done
    • Attribution of corporate income
    • Imputation of income on underutilized assets
    • Imputation of income on unrealized gains
    • Tax gross up on personal benefits received
    • Double dip
      1. Inclusion of income with respect to realization of gains clearly equalized through Net Family Property
      2. Impact of inclusion of income from one year on subsequent years
Expert panel includes:
Moderator ~ Dwayne N. Pyper, B.Comm., CPA, CA, CBV, Q.Med. – Partner, Durward Jones Barkwell & Company LLP
Madam Justice Kendra Coats, Superior Court of Justice, Milton, Ontario
Mr. Justice R. John Harper, Superior Court of  Justice, Brantford, Ontario
Paul Amey, Partner, Waterous Holden Amey Hichon LLP
Nicholas Mastroluisi, MBA, CPA, CA, CBV, TEP – Partner, Pettinelli Mastroluisi LLP
 

Click here for more information – in-person attendance is limited to 25 attendees

Business Valuation Issues In Family Law: Your Chance To Hear From The Decision Makers (Attend via Livestreaming)

During this 3-hour livestreaming session, join our expert panel of judges, CBVs and a family law lawyer as they discuss:

  1. Role of the Expert and other trial matters
    • Current rules and the obligation of experts
    • Neutrality, impartiality and objectivity
    • Implications during settlement vs trial
    • Proportioning costs
  2. Business Valuation Issues
    • Alternative levels of assurance
      1. Understanding of difference in Calculation, Estimate and Comprehensive valuation reports
      2. Implication on weighting given by Court
    • Alternative valuation approaches (capitalized income, discounted cash flow, EBITDA)
    • How to make evidence helpful to the Court
    • Exclusion of assets due to gifting/inheritance rules
    • Disposition costs
      1. Contingent income taxes at corporate level
      2. Contingent personal income taxes
    • Other asset based valuation disposition costs
  3. Guideline income – common errors and areas of diverse judgment:
    • Expectation of Court with respect to level of “forensic review” to be done
    • Attribution of corporate income
    • Imputation of income on underutilized assets
    • Imputation of income on unrealized gains
    • Tax gross up on personal benefits received
    • Double dip
      1. Inclusion of income with respect to realization of gains clearly equalized through Net Family Property
      2. Impact of inclusion of income from one year on subsequent years
Expert panel includes:
Moderator ~ Dwayne N. Pyper, B.Comm., CPA, CA, CBV, Q.Med. – Partner, Durward Jones Barkwell & Company LLP
Madam Justice Kendra Coats, Superior Court of Justice, Milton, Ontario
Mr. Justice R. John Harper, Superior Court of Justice, Brantford, Ontario
Paul Amey, Partner, Waterous Holden Amey Hichon LLP
Nicholas Mastroluisi, MBA, CPA, CA, CBV, TEP – Partner, Pettinelli Mastroluisi LLP
 

Click here for more information

Calgary Workshop – Texas Scramble Golf Tournament

The Calgary Workshop Committee would like to invite you to join them on September 23, 2015 for a day of golf, fun and hopefully sun with a focus on getting to know other CBV Members and students in the Calgary area.  The tournament is equally open to golfers and non-golfers of all levels of skill.  The cost of the event includes breakfast and a late lunch.

Click here for more information

Is Your Writing Style Undermining Your Valuation Report’s Usefulness?

Though valuators are impartial in determining value, the reality is that valuation reports are often used by clients (and their advisors) to advocate for a particular position. But, valuation reports written in a style that seem to be advocating can be subject to heightened scrutiny, thereby potentially undermining their usefulness.  Join Ingrid Sapona, Owner of Good with Words, for this webinar designed specifically for CBVs, as she looks at whether the way a Valuation Report is written might contribute to criticism and some techniques to increase the likelihood that the report will be viewed as objective and therefore persuasive.

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Working Capital Considerations in an M&A Context

The CICBV is pleased to present a discussion on Working Capital in and M&A Context, featuring Troy Ternowetsky, Managing Partner at Osprey Capital Partners. There are a number of working capital issues that occur within the context of a purchase or sale of a business. To identify the solutions to those issues, the dynamics of working capital must be understood.

Join Mr. Ternowetsky as he addresses such topics as:
• Defining Working Capital
• Net Working Capital in the Context of M&A
• Spectrum of Working Capital Situations
• Working Capital Situational Examples
• Methodologies for Determining Net Working Capital to be Delivered
• Dealing with Suspect or Bad Working Capital Assets
• Purchase Price Adjustment Process
• Working Capital Language in Sale and Purchase Agreements
• Buyer and Seller Risk Mitigation Strategies
• Dispute Resolutions

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Unconventional Drilling and the Impact on Valuing Oil & Natural Gas Rights

Join CICBV & BVR as they present expert appraiser Joshua Lefcowitz, CPA/ABV/CFF, CVA, CFE, ASA.   Josh Lefcowitz (of BDO) will provide an insightful look into unconventional drilling and the impact on valuing oil and natural gas rights. This webinar will focus on the economic conditions in the U.S. that affect the oil and natural gas industry and their impact on the value of certain unconventional drilling rights. Lefcowitz will examine commodity pricing issues around oil and natural gas, current supply versus current demand, and recent industry developments. Attendees will gain an understanding of how the fundamental issues of production and pricing affect valuation and mergers and acquisitions.

 

Case Studies in Purchase Price Allocation Valuations

Join expert appraiser Nathan DiNatale for an in depth discussion on best practices for and fair value assumptions used to prepare valuations of intangible assets and corresponding purchase price allocations. This can’t-miss webinar includes a review of the fundamentals of FASB ASC 805: Business Combinations along with practical case studies.  CICBV and BVR are co-marketing this webinar.  As with all BVR webinars, this webinar will have a US focus.

What Really Happens in Court (and before you get there)

The presentation will outline and discuss procedural and evidentiary issues of who is an expert in the eyes of the Court and when an expert is permitted to give evidence.  Cynthia Sefton, Senior Litigator and Parter with Aird & Berlis LLP will discuss what experts can and cannot do in their reports and in their evidence and provide tips for avoiding traps in your C.V ., in your report and in cross examination.  She will also cover the substantive law of vital interest to the business valuator, including the law of damages in both tort and commercial cases and how courts assess the quantum of damages. The emphasis will be on the role of the business valuator in the Court process and in achieving the goals of the client while maintaining your credibility and professionalism.

Click here for more information.

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If you would like a copy of this presentation, please send an email To Deborah Hanlon at Deborah.Hanlon@cicbv.ca.

Toronto Workshop – The Highs and Lows of Damages Quantification

A practical seminar led by experienced professionals in complex commercial litigation.  Harvin D. Pitch (Senior Partner at Teplitsky, Colson LLP) and Alan Mak (Senior Director at Ferguson + Mak LLP) will cover a range of contemporary damages quantification issues that will help you become more effective in performing your vital role in the judicial process.  Topics will include:

Getting to the witness box: Expert independence and objectivity; Working relationships with legal counsel

Setting the Bar – Proving Profits and Earnings Capacity: Defining lost economic capacity; Isolating the effect of contributory factors

Scope of Review: When litigation strategy compromises an expert’s analysis; Working within and around restrictions to information

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Calgary Practice Roundtable

This ‘roundtable’ event will provide a forum for discussion and collaboration on matters of mutual interest to CBVs.  The facilitators will assist the participants in a discussion of areas of common interest, based on suggestions from the participants submitted prior to the roundtable and matters brought to the CICBV’s attention as of late.

Facilitator – Christine Sawchuck (CICBV’s Associate Director of Education & Standards)

REGISTRATION  IS LIMITED TO 20 PARTICIPANTS.  REGISTER EARLY TO SECURE A SPOT.

Webinar – Saskatchewan Practice Roundtable

This ‘roundtable’ webinar will provide a forum for discussion and collaboration on matters of mutual interest to CBVs in Province of Saskatchewan.  The facilitator will assist the participants in a discussion of areas of common interest, based on suggestions from the participants submitted prior to the roundtable and matters brought to the CICBV’s attention as of late.

Facilitator – Christine Sawchuck, CPA, CA, CBV (CICBV’s Associate Director of Education & Standards)

REGISTRATION FOR THIS WEBINAR IS LIMITED TO 20 PARTICIPANTS.  REGISTER EARLY TO SECURE A SPOT.

Webinar – Manitoba Practice Roundtable – cancelled

This ‘roundtable’ webinar will provide a forum for discussion and collaboration on matters of mutual interest to CBVs in Province of Manitoba.  The facilitator will assist the participants in a discussion of areas of common interest, based on suggestions from the participants submitted prior to the roundtable and matters brought to the CICBV’s attention as of late.

Facilitator – Christine Sawchuck, CPA, CA, CBV (CICBV’s Associate Director of Education & Standards)

REGISTRATION FOR THIS WEBINAR IS LIMITED TO 20 PARTICIPANTS.  REGISTER EARLY TO SECURE A SPOT.

Webinar – Edmonton Practice Roundtable

This ‘roundtable’ webinar will provide a forum for discussion and collaboration on matters of mutual interest to CBVs in the Edmonton area.  The facilitators will assist the participants in a discussion of areas of common interest, based on suggestions from the participants submitted prior to the roundtable and matters brought to the CICBV’s attention as of late.

Facilitator – Christine Sawchuck, CPA, CA, CBV (CICBV’s Associate Director of Education & Standards)

REGISTRATION FOR THIS WEBINAR IS LIMITED TO 20 PARTICIPANTS.  REGISTER EARLY TO SECURE A SPOT.

Vancouver Practice Rountable – afternoon session

This ‘roundtable’ event will provide a forum for discussion and collaboration on matters of mutual interest to CBVs.  The facilitators will assist the participants in a discussion of areas of common interest, based on suggestions from the participants submitted prior to the roundtable and matters brought to the CICBV’s attention as of late.

Facilitators – Christine Sawchuk (CICBV’s Associate Director of Education & Standards) & Derek Sanders (regional representative on the CICBV Board of Directors)

REGISTRATION FOR THE AFTERNOON SESSION IS LIMITED TO 20 PARTICIPANTS.  REGISTER EARLY TO SECURE A SPOT.

Vancouver Practice Roundtable – morning session

This ‘roundtable’ event will provide a forum for discussion and collaboration on matters of mutual interest to CBVs.  The facilitators will assist the participants in a discussion of areas of common interest, based on suggestions from the participants submitted prior to the roundtable and matters brought to the CICBV’s attention as of late.

Facilitators – Christine Sawchuk (CICBV’s Associate Director of Education & Standards) & Derek Sanders (regional representative on the CICBV Board of Directors)

REGISTRATION FOR THE MORNING SESSION IS LIMITED TO 20 PARTICIPANTS.  REGISTER EARLY TO SECURE A SPOT.

 

Business Valuation and Personal Injury Law

The CICBV is pleased to present a discussion on business valuation and personal injury law featuring Elliot Goodman and Adam Halioua, who are both partners at Goodman Halioua LLP. Topics to be addressed include:

  • First Principles – A discussion of the basic principles of personal injury law in Ontario, including a review of the rights of injured persons in tort and under the accident benefits (no-fault) scheme. The role of business valuation experts in the context of personal injury litigation will be discussed.
  • Personal Injury Economics – A clarification of the applicable tort deductions for collateral benefits (i.e. private insurance plans) and disability benefits (i.e. CPP and ODSP) for various personal injury claims.
  • Communicating with the Expert – Best practices in light of the recent Ontario Court of Appeal decision in Moore v. Getahun, which addressed questions concerning experts’ draft reports and communications between counsel and experts.

Click here for more information.

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If you would like a copy of this presentation, please send an email To Deborah Pelle at pelled@cicbv.ca.

The Income Tax Act – An Overview of Circumstances Requiring Business Valuations

The CICBV is pleased to present a discussion on the Income Tax Act and what circumstances would require a business valuation, featuring Justin Abrams, Senior Manager of Taxation at Kraft Berger LLP.  Topics to be addressed include an overview of the more common, as well as the lesser known reasons, as to why a professional business valuation is required under the Income Tax Act. Becoming a non-resident of Canada, being a beneficiary of a trust, the death of a taxpayer, general estate planning basics and divisive reorganizations, are just some of the many reasons why professional valuations are required. This session will help to clearly explain the multitude of tax driven requirements for professional business valuations.

Click here for more information

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If you would like a copy of this presentation, please send an email To Deborah Pelle at pelled@cicbv.ca.

Toronto Young Valuators – Summer in the City: The Must-Attend CBV Social Event of the Summer

Are you a GTA CBV who has received your designation within the last ten years, a Registered Student, or perennially young at heart? Are you looking to connect with fellow colleagues or just take some time off after a busy winter and spring? The GTA CICBV Young Valuators’ Group is hosting its first social event of the year to kick-off the summer patio season on Wednesday, June 24, 2015. The event is being held on the dockside patio of Against the Grain located at 25 Dockside Drive at the intersection of Queens Quay East and Jarvis Street in downtown Toronto.  Enjoy the view of sailboats passing on the lake and the evening sunset while meeting other new CBVs and connecting with friends and colleagues.  This is an event you will not want to miss! Space is limited to 50 attendees, so sign up early.  Registration fees include appetizers and one drink ticket.

Business Transition: A Discipline Tailor-Made for Business Valuators (presented by Ian R. Campbell)

Business valuation is a fulcrum consideration in business transition. Business valuators who understand and can effectively participate in business transition – be it an arm’s length sale or generational business transition – are positioned to play one of the most important of the discipline-specific expert roles required in either of those processes. Ian R. Campbell, FCBV will discuss:

  • business valuation as a business and business transition report card
  • business valuation in our current new economic and financial markets normal, and how those things bear on business transition planning
  • the role of business valuation experts in long-term business viability assessments, and the importance of those assessments in business transition
  • the importance of communicating to clients the difference between stand-alone value and open market price in the context of business transition
  • the role business valuation experts can play in strategic business planning and hence business transition
  • the value-add an experienced business valuator can bring to the business transition table

This webinar will be of interest to business valuation experts (and many of their clients) who:

  • are already involved in rendering business valuation opinions and advice in the context of business transition
  • are not currently involved in business transition matters, but want to join what over the next twenty years may become the biggest “business party in town” .

Click here for more information

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If you would like a copy of this presentation, please send an email To Deborah Pelle at pelled@cicbv.ca.

L’évolution du rôle de témoin expert: développements récents et impacts du nouveau Code de procédure civile

Les experts en évaluation d’entreprises (“EÉE”) sont régulièrement mandatés par des conseillers juridiques dans le but de fournir une expertise en matière de quantification de dommages, d’évaluation d’entreprises, etc.  Une cause du domaine médical (Moore c. Getahun) a été récemment entendue par la Cour d’appel de l’Ontario en lien avec la transmission de rapports d’experts sous format projet au conseiller juridique et la possible influence du conseiller juridique sur l’opinion de l’expert.

Les conférenciers traiteront de cette cause dans le context du rôle de l’EÉE à titre d’expert indépendant de la Cour et plus particulièment de l’impact du nouveau Code de procédure civile du Québec.

Associés chez Norton Rose Fulbright Canada, Me Kateri-Anne Grenier et Me Éric Hardy cotoient régulièrement des EÉE qui agissent à titre de témoins experts devant les tribunaux.

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