Pre-Conference Workshops

WORKSHOP A | Running a Fair Hearing

Oct 22, 2018 9:00am – 12:00pm

Speakers

Owen Rees
Lawyer
Conway Baxter Wilson LLP

Day 1 - Tuesday, October 23, 2018

7:30
Registration Opens and Refreshments Served
8:30
Opening Remarks from Co-Chairs
8:45
Case Law Review [Expanded for 2018]
10:15
Networking Refreshment Break
10:30
Charting the Charter — Recent Constitutional Interpretation Trends
11:15
Spotlight on Standard of Review — Applications in the Decade Since Dunsmuir
12:00
Networking Luncheon
1:00

PANEL

Culturally Competent Adjudication [EDI PROFESSIONALISM HOURS]
2:30
Networking Refreshment Break
2:45
Procedurally Fair Administrative Tribunals: The Law Firm Model
3:30

PANEL

Spotlight on Procedural Fairness — Self-Represented and Underrepresented Litigants
4:30
Closing Remarks and Conference Adjourns

Day 2 - Wednesday, October 24, 2018

8:30
Registration Opens and Refreshments Served
9:00
Opening Remarks from Co-Chairs
9:15

PANEL

Interactive Legal Ethics Session [PROFESSIONALISM HOURS]
10:45
Networking Refreshment Break
11:00

KEYNOTE

Increasing Public Accessibility and Understanding of Administrative Proceedings
12:00
Networking Luncheon
1:00

PANEL

Effectively Communicating Decisions
2:15
Networking Refreshment Break
2:30

SPOTLIGHT ON INQUIRIES, INVESTIGATIONS, AND INSPECTIONS

Practical Advice for Running Effective Public Inquiries
3:30

SPOTLIGHT ON INQUIRIES, INVESTIGATIONS, AND INSPECTIONS

Inspections vs. Investigations — Ensuring Procedural Clarity and Fairness
4:30
Closing Remarks and Conference Concludes

Day 1 - Tuesday, October 23, 2018

7:30
Registration Opens and Refreshments Served
8:30
Opening Remarks from Co-Chairs

Nadia Effendi
Partner
Borden Ladner Gervais

Nicholas McHaffie
Partner
Stikeman Elliott

8:45
Case Law Review [Expanded for 2018]

Alexander Pless
General Counsel, Commercial Law Directorate
Department of Justice, Quebec Regional Office

An in-depth examination of the most-important case law from the past year. Take a detailed look at the impacts of the most recent administrative tribunal and judicial decisions, as well as a look forward to the most-anticipated decisions of 2019.

10:15
Networking Refreshment Break
10:30
Charting the Charter — Recent Constitutional Interpretation Trends

Greg Allen
Partner
Allen/McMillan

Stephen Aylward
Associate
Stockwoods LLP

Take a step back from the case law review to examine the broader trends of Charter analysis across Canada. Join our speakers for a coast-to-coast look at important Charter interpretation trends, and their relevance for your daily practice.

11:15
Spotlight on Standard of Review — Applications in the Decade Since Dunsmuir

Nicholas McHaffie
Partner
Stikeman Elliott

  • A look back to Dunsmuir — what have been the consequences to administrative practice?
  • A comprehensive analysis of major decisions from the past year
  • The “reasonableness” standard — what can we anticipate from the court’s willingness to re-assess the reasonableness standard?

12:00
Networking Luncheon
1:00

PANEL

Culturally Competent Adjudication [EDI PROFESSIONALISM HOURS]

Juliet Knapton
Tribunal Member
Immigration and Refugee Board of Canada

Alisa Lombard
Associate
Maurice Law

Michael Gottheil
Executive Chair
Social Justice Tribunals Ontario

Ensuring that administrative bodies are meaningfully inclusive and accommodating for lawyers, paralegals, and parties to the tribunal process is a necessity. Join our panelists for a discussion on how boards and tribunals can address the practical realities of hearing accommodation, cultural competence, and safeguarding against real and perceived bias.

2:30
Networking Refreshment Break
2:45
Procedurally Fair Administrative Tribunals: The Law Firm Model

Graham J. Clarke
Arbitrator/Mediator
Arbitrage Graham J. Clarke Arbitration Inc.

  • The problem with ghostwriting
  • Handling conflicts of interest and perceived bias
  • Encouraging diverse views
  • Becoming or staying current (CLE)

3:30

PANEL

Spotlight on Procedural Fairness — Self-Represented and Underrepresented Litigants

Lidia Imbrogno
Research Assistant
National Self-Represented Litigants Project

Trevor Farrow
Associate Dean & Professor
Osgoode Hall Law School

David Wright
Chair
Law Society Tribunal

Ensuring procedural fairness while still balancing the need for public understanding and accessibility can be difficult for any lawyer or paralegal.

  • Striking the right balance between procedural integrity and public accessibility
  • Dealing with vexatious litigants, as well as the presumption of vexatiousness
  • Practical takeaways from the NSRLP regarding their most recent research and integrating that knowledge into your daily practice

4:30
Closing Remarks and Conference Adjourns

Day 2 - Wednesday, October 24, 2018

8:30
Registration Opens and Refreshments Served
9:00
Opening Remarks from Co-Chairs
9:15

PANEL

Interactive Legal Ethics Session [PROFESSIONALISM HOURS]

Elsy Chakkalakal
Senior Director of Corporate Services
Military Police Complaints Commission of Canada

Les Walden
Counsel & Team Lead Professional Responsibility Service
Department of Justice Canada

Representative (invited)
University of Ottawa Faculty of Law

Join our panel of seasoned legal experts for an interactive session designed to elicit honest responses regarding the ethical issues confronted by tribunal members, counsel, and parties. Use anonymous clickers to benchmark your interpretations of ethical dilemmas with those of your peers.

10:45
Networking Refreshment Break
11:00

KEYNOTE

Increasing Public Accessibility and Understanding of Administrative Proceedings

The Honourable Thomas Cromwell C.C.
Senior Counsel
BLG

12:00
Networking Luncheon
1:00

PANEL

Effectively Communicating Decisions

Ian Mackenzie
Arbitrator and Mediator
Mackenzie Dispute Resolution Services

Edward Marrocco
Partner
Stockwoods LLP

Daniel Stern
Director, Regulatory Law & Policy
TELUS

Tribunal Chairs TBC

Whether you’re a tribunal member, counsel, or a party appearing in front of a tribunal, you recognize the necessity of ensuring that decisions are explained in a clear and concise manner. Join our panelists from tribunals, industry, and private practice for a broad range of perspectives and practical tips designed to ensure that parties can clearly delineate tribunal reasoning. Learn essential tips for communicating decisions internally, in order to encourage consistency.

2:15
Networking Refreshment Break
2:30

SPOTLIGHT ON INQUIRIES, INVESTIGATIONS, AND INSPECTIONS

Practical Advice for Running Effective Public Inquiries

Ronda Bessner
Adjudicator
Consent & Capacity Board

  • Why are public inquiries created and how are they different from civil and criminal trials?
  • Types of public inquiries
  • The role of the commissioner, commission counsel and other members of the commission team
  • Rules of evidence at a public inquiry
  • The role of counsel for parties with standing at a public inquiry
  • Writing the public inquiry report and drafting the recommendations
  • Measuring the success of a public inquiry

3:30

SPOTLIGHT ON INQUIRIES, INVESTIGATIONS, AND INSPECTIONS

Inspections vs. Investigations — Ensuring Procedural Clarity and Fairness

Sean Hanley
Counsel, Constitutional Law Branch
Ontario Ministry of the Attorney General

  • Legal frameworks governing inspections and investigations — key case law updates and Charter considerations
  • Gathering evidence vs. monitoring compliance — ensuring that these phases are meaningfully separate
  • Documentation best practices to ensure clear delineations between inspection and investigation proceedings
  • Special considerations when dealing with Administrative Monetary Penalties

4:30
Closing Remarks and Conference Concludes

WORKSHOP A | Running a Fair Hearing

Oct 22, 2018 9:00am – 12:00pm

Owen Rees
Lawyer
Conway Baxter Wilson LLP

What is it about?

  • Review of legal framework governing the hearing
  • Defining ‘fair” from the perspectives of all parties involved
  • Legal background of the Fairness Doctrine
  • Ensuring procedural fairness while balancing accessibility and the rules of evidence
  • Explaining these concepts to those who may not have formal legal educations
  • Combatting internal and external bias
 
A light lunch will be provided for delegates who register for both workshop A and workshop B

WORKSHOP B | Mastering the Art of Effectively Communicating Decisions

Oct 22, 2018 1:00pm – 4:00pm

What is it about?

Effective communication of the decisions rendered by administrative boards and tribunals is essential to prevent both internal and external confusion. Join our workshop leaders for a special masterclass designed to ensure that your administrative decisions are rendered fairly and explained clearly.
  • Legal overview of the law governing decision-writing
  • Taking advantage of expertise — bridging the gap between legal writing and technical perspectives
  • Defining and identifying the issues — clear communication of the relevancy of the issues at play
  • Writing for the layperson — keeping documentation accessible and legally-relevant
  • Persuasive writing — moving from descriptive to explanatory language
  • Leveraging clear communication to prevent potential challenges to decisions
 
A light dinner will be provided for delegates who register for both workshop B and workshop C