K. Gregory Senda - Partner

K. Gregory Senda, FEA – Counsel and Independent Contractor

Graduate of the University of Alberta with a Law Degree (LL.B.) In 1980. Called to the Bar of Alberta in 1981 and to the Bar of British Columbia in 1992. Joined the firm 1999. Designation as FAMILY ENTERPRISE ADVISOR™, Institute of Family Enterprise Advisors in 2015.

Community and Professional Service Record
  • University of Alberta - LLB 1980
  • Member of the Law Society of Alberta - 1981
  • Treasurer - Canadian Chamber of Commerce in Japan (1985)
  • Tohmatsu Touche Ross Tokyo - International Tax Consultant (1985-1989)
  • Nagashima & Ohno Tokyo - (Stagiare) Cross Border M&A, Tax Planning, Securities (1990-1991)
  • Member of the Law Society of British Columbia - 1992
  • CAC Cosmetics Japan - U.S. distribution network (1995-1998)
  • Joined Peterson & Purvis LLP - 1999
  • Volunteer assistant instructor at Lethbridge Judo Club (1999-2010)
  • Sessional lecturer - University of Lethbridge (International Law and Institutions)
Areas of Emphasis
1) Multi-generational wealth transfer planning or Family Continuity Planning - - requires a knowledge of how family businesses function in order to determine which legal tools are most appropriate to utilise such as trusts, corporations, interlocking unanimous shareholders agreements and wills (depending upon the family, different kinds of wills may be required), family constitutions, and charitable activities. The complexity of the modern world requires a broad knowledge of the law in order to be able to identify the legal issues which arise and provide guidance to a family that is contemplating a family continuity plan:
  • foreign owned assets require a consideration of cross border legal issues which may affect the overall structure of the plan;
  • is a charitable or not for profit element a part of the family legacy;
  • how does the family continuity plan protect the family assets or is that something that has been overlooked
  • are there sufficient assets and a desire to create a family legacy to justify a Family Continuity Plan or is it better to simply have a tax efficient transfer of assets to the next generation and hope for the best.
2) First Nations and Aboriginal Law - commences with a deep understanding of constitutional law. From the Royal Proclamation of 1763, the development of the common law, legislation (in particular the Indian Act for the First Nations people), the Constitution Act, 1867, and the constitutional status of treaty and Aboriginal rights set out in the Constitution Act, 1982, there is an underlying basis of constitutional law that comes into play when analysing a First Nations or Aboriginal law issue. As part of and sometimes in parallel with the law as it is ordinarily viewed, is a consideration of how the practices, customs and traditions which are integral to the Aboriginal culture in question affect the legal analysis of any particular situation. Put another way, these practices, customs and traditions form part of First Nations or Aboriginal law that may have as much bearing on a particular situation as the traditional law (common law, statutes and the Constitution Act, 1982) which we lawyers often think is the only source of the law. Also for many, the difference between the First Nations, Inuit, Inuvialuit and Metis people is not often appreciated, but for the First Nations and Aboriginal practice, it is critical. For example, the Indian Act applies to First Nations, but does not apply to the Inuit, Inuvialuit or Metis people, but the protection afforded under the Constitution Act, 1982 applies to all of these different, but distinct Aboriginal peoples. How that constitutional protection applies requires an analysis of which particular people is involved, their own specific practices, customs and traditions, what treaties or other agreements are in effect and the ever developing common law.
Representative Work
  • establishing offshore trusts, charitable purpose trusts (8 figure educational purpose trust), spousal trusts, family trusts;
  • implementing complex estate plans utilizing trusts, limited partnerships, corporations, interlocking unanimous shareholders agreements and wills, and cross border dual wills,
  • registering clients with Canada Revenue Agency for charitable status and creating not for profit corporate bodies;
  • counsel on various First Nations issues, including 2 separate First Nations Elections Appeals Boards
  • constitutional challenge of infringement of Charter of Rights up to Supreme Court of Canada
  • negotiating multi-institutional (resident in several different countries) cross border contracts for a not-for-profit client
  • cross border litigation; corporate structuring; and establishing structures which reduce the risk to family assets from external forces

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