ELITEPASS*: Both Workshops

Sep 13, 2016 9:00am -

How to Conduct a Trial?

Sep 13, 2016 9:00am -

Speakers

Daniel J. Fife
Partner
Fife Cameron Trial Lawyers

Maple Anne Cameron
Partner
Fife Cameron Trial Lawyers

Mediation, Tips, Insights, and Best Practices

Sep 13, 2016 1:00pm -

Speakers

Leanne Andree
Mediator
Global Resolutions

Day 1 - Wednesday, September 14, 2016

8:00
Registration Opens and Refreshments are Served
9:00
Welcoming Remarks from the Canadian Institute
9:05
Opening Remarks from the Co-Chairs
9:15
Keynote Address
9:45
Disability Insurance Claims: Collaborating with the Opposition in a Litigious Situation
11:00
Networking Refreshment Break
11:15
Understanding Tax and Other Implications of Disability Benefits: How to Best Advise Your Client
12:00
Networking Luncheon for Delegates and Speakers
1:00
Navigating Disability Claims within the Complex Framework of Limitation Periods
2:00
Networking Refreshment Break
2:15
eDiscovery Seminar: Information Management and E-Discovery
3:00
Panel Discussion: Groundbreaking Legal Developments in the Use of Surveillance and Expert Evidence
4:05
Determining Function Through Surveillance Analysis
4:25
Closing Remarks from Co-Chairs
4:30
Day One Adjourns

Day 2 - Thursday, September 15, 2016

8:30
Refreshments are Served
9:00
Opening Remarks From Co-Chairs
9:05
Keynote Address
9:30
Fernandes v. Penncorp Life Insurance Company (ONCA): Recent Canadian Case Law and its Effects on Bad Faith and Punitive Damages
10:15
Networking Refreshment Break
10:30
Panel Discussion: Mental Health and Chronic Pain – Proven Strategies for Managing Claims Related to Subjective Illnesses
11:45
Networking Luncheon for Speakers and Delegates
12:45
Panel Discussion: Return-to-Work – Overcoming Challenges in Today’s Tough Economic Times
2:00
Networking Refreshment Break
2:15
Addressing Critical Issues in Managing Workers’ Compensation and other Absences
3:15
Canada Pension Plan
4:00
Closing Remarks from Co-Chairs
4:05
Conference Concludes

Day 1 - Wednesday, September 14, 2016

8:00
Registration Opens and Refreshments are Served
9:00
Welcoming Remarks from the Canadian Institute
9:05
Opening Remarks from the Co-Chairs

Eric Schjerning
Litigator & Mediator
Blaney McMurtry Author of “Disability Insurance Law in Canada”

Brad S. Moscato
Partner
Howie, Sacks & Henry LLP

9:15
Keynote Address

THE HONOURABLE J. Douglas Cunningham Q.C.
Retired Judge, Superior Court of Justice – Ontario
Cunningham Dispute Resolution Services Inc.

Views from the Bench: developments and cases in disability insurance litigation, as well as effective written and oral advocacy tactics

9:45
Disability Insurance Claims: Collaborating with the Opposition in a Litigious Situation

James G. Cameron
Partner
Raven, Cameron, Ballantyne and Yazbeck

Elisa Scali
Partner
Gowling WLG

Parties to a disability claim must recognize the urgent need for reform in litigating disability insurance claims, with an end goal of increasing collaboration. This discussion will consider the needs of multiple stakeholders in a disability insurance claim.

  • Cooperating at every stage of the claim to ensure the best outcome for your client and avoid litigation
  • Substantiating your case with the proper medical expert evidence
  • Best practices on when to settle your disability claim and avoid litigation

11:00
Networking Refreshment Break
11:15
Understanding Tax and Other Implications of Disability Benefits: How to Best Advise Your Client

David Brannen
Owner
Resolute Legal

Arlene Posel CPA, CA, CBV, MBA
Collins Barrow Toronto Valuations Inc.

This session will allow you to understand how disability insurance benefits are taxed and how to advise your client.

  • Advising your client about their lump sum payments and disability benefits
  • Calculating Canada Pension Plan disability offsets and overpayments

12:00
Networking Luncheon for Delegates and Speakers
1:00
Navigating Disability Claims within the Complex Framework of Limitation Periods

David Share
President & Ajunct Professor Osgoode Hall
Share Lawyers

Duncan McDuff
Assistant Vice President & Senior Counsel
Sun Life Assurance Company of Canada

Limitation periods in disability insurance claims vary not only from province-to-province, but from policy-to-policy. Learn from our experts how to best navigate the vagaries of limitations periods, as well as the new legal developments that will impact your client’s entitlement to sue.

  • Addressing how to determine what limitation period applies to a claim
  • When does the actual limitation period begin and end?
  • Learning when the concept of a “rolling” limitation period becomes relevant to disability claim litigation

2:00
Networking Refreshment Break
2:15
eDiscovery Seminar: Information Management and E-Discovery

Dominic Jaar
Partner, National Practice Leader, Information Management Services
KPMG Canada

Learn from a leading expert in the industry on topical eDiscovery issues, including your obligation to preserve documents, new trends associated with electronic document production, social media and rules of evidence applicable to electronic documents.

3:00
Panel Discussion: Groundbreaking Legal Developments in the Use of Surveillance and Expert Evidence

Moderator:

Gordon Jermane
AVP and Senior Counsel
Manulife Financial

Panelists:

Eric Schjerning
Litigator & Mediator
Blaney McMurtry Author of “Disability Insurance Law in Canada”

Adam R. Little
Personal Injury Lawyer and Partner
Oatley, Vigmond Personal Injury Lawyers LLP

Dr. Gurdeep Parhar
Executive Associate Dean, Clinical Partnerships and Professionalism, Faculty of Medicine, UBC
Medical Director, CORE Occupational Health Medical Director, Pacific Coast Recovery Care

Dr. Ronald Seatter
Registered Health and Clinical Psychologist,Owner
Seatter Health

Some of the most effective tools at the disposal of an insurance company or an employer include the retention of a private investigator, the cataloguing of social media activity, and the active surveillance of disability claimants. The proliferation of surveillance has raised questions about the invasion of privacy, the legitimacy of this evidence, as well as the question of how this evidence is interpreted.

When is it appropriate to obtain new medical reports? How do you interpret and evaluate the opposing side’s medical evidence? How do you counsel your client for examination or trial?

This session will discuss the legal issues surrounding the use of surveillance and expert evidence and propose some practices to think about when developing such policies.

  • Hot Topics: disclosing the use of surveillance and the influence of social media on disability claims, including an overview of:
    • Innaella v. Corbet (ONCA)
    • Bezanson v. Sun Life (NSSC)
  • Moore v. Getahun (ONCA) & Westerhoff v. Gee Estate (ONCA) : how to interact with your expert witness.

4:05
Determining Function Through Surveillance Analysis

Marian Barnick, B.Sc,kin, CWCE, R.kin
Registered Kinesiologist Principal
IMAC Centre

4:25
Closing Remarks from Co-Chairs
4:30
Day One Adjourns

Day 2 - Thursday, September 15, 2016

8:30
Refreshments are Served
9:00
Opening Remarks From Co-Chairs
9:05
Keynote Address

The Honourable Kevin Flynn
Minister of Labour, Province of Ontario

9:30
Fernandes v. Penncorp Life Insurance Company (ONCA): Recent Canadian Case Law and its Effects on Bad Faith and Punitive Damages

Daniel J. Fife
Partner
Fife Cameron Trial Lawyers

Maple Anne Cameron
Partner
Fife Cameron Trial Lawyers

In September 2014, the Ontario Court of Appeal released its decision in Fernandes v. Penncorp Life Insurance Company. The Fernandez case has raised a number of issues for both defense and plaintiff counsel, with respect to punitive damages and surveillance. This session will allow you to hear first-hand accounts from legal counsel in this high profile case.

  • Perspectives from the Front Line: the Fernandes case and lessons learned
  • Examining the scope of the insurer’s liability for bad faith
  • Understanding your obstacles in requesting or defending against punitive damages at trial

10:15
Networking Refreshment Break
10:30
Panel Discussion: Mental Health and Chronic Pain – Proven Strategies for Managing Claims Related to Subjective Illnesses

Moderator:

Leanne Andree
Mediator
Global Resolutions

Panelists:

Jason D. Singer
Lawyer
Singer Kwinter

Dr. Ronald Kaplan
Psychologist and Founder
Kaplan Psychologists Clinic and Assessment Centre

Ann Morgan
President
MVS Inc.

Dr. Gurdeep Parhar
Executive Associate Dean, Clinical Partnerships and Professionalism, Faculty of Medicine, UBC
Medical Director, CORE Occupational Health Medical Director, Pacific Coast Recovery Care

Van Krkachovski
Partner
McCague Borlack LLP

A 2010 study commissioned by the Mental Health Commission of Canada revealed that the annual cost from mental health problems and illnesses to the Canadian economy was around $50 billion. In addition, according to the Canadian Pain Society, it is estimated that the annual cost of chronic pain in Canada is around $56-60 billion. This session will provide a much needed discussion on navigating the complex interplay between claimants, insurers, and employers in mental health and chronic pain claims

  • Practical skills for effectively investigating subjective claims, including mental health and chronic pain
  • Evaluating recent case law in Canada relating to disability and impairment in the context of mental illness:
    • Industrial Alliance Insurance and Financial Services Inc. v. Brine (NSS)
    • Branco v. American Home Assurance Company
      etal. (SKCA)

11:45
Networking Luncheon for Speakers and Delegates
12:45
Panel Discussion: Return-to-Work – Overcoming Challenges in Today’s Tough Economic Times

Moderator:

Brad S. Moscato
Partner
Howie, Sacks & Henry LLP

Panelists:

David Brannen
Owner
Resolute Legal

Travis Kelly
Director
Desjardins Insurance

Veronica Kenny
Labour and Employment Legal Manager
UPS Canada

Marg Smith
Vocational Rehabilitation and Disability Management Consultant
Marg Smith Consulting and Metrics Vocational Services

Disability management, by its very nature, is an expensive business. An employee’s absence or the cost of litigating an employee’s disability claim can expose the employer and/ or company to a significant financial burden. This panel discussion will provide a multi-stakeholder overview on proactively managing a disabled employee’s return-to-work.

  • Assessing your role (as an insurer or employer) in accommodating employees with disability
  • Assessing your role (as an insurer or employer) in accommodating employees with disability
  • How to best accommodate your employee or assist your client with a return to work

2:00
Networking Refreshment Break
2:15
Addressing Critical Issues in Managing Workers’ Compensation and other Absences

Marg Creen
WSIB Specialist
Toronto Hydro Electric System Ltd.

This session will provide insights in managing workers’ compensation claims, as well as other types of disability claims in Canada.

  • A historical perspective on disability management
  • Similarities and differences in provisions and approaches for STD, LTD and Workers’ Compensation

3:15
Canada Pension Plan

Brendon D. Pooran
Founder and Principal Lawyer
PooranLaw Professional Corporation

In January 2016, the Auditor General issued a report criticizing the Canada Pension Plan (“CPP”) disability scheme. Hear about the CPP scheme in detail and the backlog of claims, the lack of standardization in decisionmaking, and the prolonged wait time

4:00
Closing Remarks from Co-Chairs
4:05
Conference Concludes