Day 1 - Tuesday, October 25, 2016

8:00
Registration Opens and Breakfast is Served
9:00
Welcoming Remarks from The Canadian Institute
9:05
Opening Remarks from the Co-Chairs

Nicholas McHaffie
Partner
Stikeman Elliott LLP

Nadia Effendi
Partner
BLG

9:10
View from the Hill: Remarks from the Honourable William Amos, Member of Parliament for the Riding of Pontiac

Hon. Will Amos
Member of Parliament
Riding of Pontiac

9:25
Caselaw Update: A Year in Review

Stephen Aylward
Associate
Stockwoods LLP

  • An in depth review of recent trends and developments
  • An update on appellate caselaw
  • Functus officio and the impact of Kurrukal v. Canada on administrative decision makers
  • Insights on AMPS decisions and a review of current challenges and considerations

10:10
Networking Refreshment Break
10:15
Hot Tubs and Experts

Jerry V. DeMarco
Alternate Executive Chair of Environment and Land Tribunals
Ontario and Associate Chair of Conservation Review Board (Ontario) and Environmental Review Tribunal (Ontario)

  • Benefits and risks of concurrent expert evidence
  • Procedural fairness considerations of “hot-tubbing”
  • Concurrent evidence procedures
  • Best practices in the use of “hot tubs”
  • Lessons learned from Australia and other jurisdictions

10:20
An Update on Standard of Review

Nicholas McHaffie
Partner
Stikeman Elliott LLP

Nicholas McHaffie
Partner
Stikeman Elliott

  • A comprehensive analysis of major decisions of the year
  • Insights into implications of these cases
  • Review of how the “reasonableness” standard is being applied

11:00
Duties Administrative Tribunals Owe All Parties

Graham J. Clarke
Arbitrator/Mediator
Former Vice Chair, Canada Industrial Relations Board

  • Administrative Tribunals v. Courts
  • Duty of Efficiency (Delay)
  • Duty to Explain (Reasons)
  • Duty of Fairness (Natural Justice)
  • Governance: Ensuring Fairness

11:45
Active Adjudication: Techniques and Limits

David Wright
Chair
Law Society Tribunal

Making justice cost-effective, accessible and proportionate requires tribunal adjudicators to increasingly apply active adjudication techniques. This panel will discuss issues including:

  • Active adjudication techniques
  • Limits on active adjudication
  • Obligations to assist self-represented litigants
  • What have the courts said?

12:30
Lunch is Served
Keynote Luncheon Address (Beginning at 1:15)

Cindy Blackstock
Executive Director First Nations Child and Family Caring Society of Canada
Associate Professor McGill University

2:00
Interactive Roundtable: A Discussion About Ethics

Julianne Dunbar
General Counsel
Military Police Complaints Commission

David Wright
Chair
Law Society Tribunal

Valerie Jepson
Integrity Commissioner
City of Toronto

  • Adjudicators, employees and social media: from LinkedIn to Facebook and beyond
  • Mediation and pre hearings
  • Dealing with difficult Chairs and members
  • Self-reps and vexatious litigants
  • Reasonable apprehension of bias
  • Friends and family: drawing the line

3:00
Networking Refreshment Break
3:15
Legal Limits on the Exercise of Discretion

Guy Regimbald
Partner
Gowling WLG (Canada) LLP

  • Clarifying the concept of discretion
  • Principles to consider in exercising discretion
  • Constraints on the exercise of discretion
  • Discretion and standard of review

4:00
Charter Considerations for Tribunals

Robert McKenzie
Project Officer - Canadian Human Rights Tribunal
Administrative Tribunals Support Service of Canada / Government of Canada

Emily Lawrence
Partner
Paliare Roland Barristers

  • Caselaw review: recent Charter decisions and their impact
  • An in depth analysis of Charter trends
  • Charter values and administrative decision makers

4:45
Co-Chairs Closing Remarks
5:15
Conference Adjourns

Day 2 - Wednesday, October 26, 2016

8:30
Breakfast is Served
9:00
Opening Remarks from the Co-Chairs

Nicholas McHaffie
Partner
Stikeman Elliott LLP

Nadia Effendi
Partner
BLG

9:15
Public Authority Liability in Tort: An Update

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

  • Further developments since Paradis Honey Ltd. v Canada: recent notable cases
  • How will this impact Tribunals?

10:00
Networking Refreshment Break
11:00
Understanding Coroners Inquests

Edward Marrocco
Associate
Stockwoods LLP

  • How do principles of administrative law play out at inquests?
  • Views from recent high profile inquests: strategies and lessons learned

12:00
Lunch is Served
1:15
Procedural Fairness in Investigations: The Law and Practice Tips

Randall Hofley
Partner
Blakes LLP

  • Legal framework governing investigations: key case law principles and updates
  • Reconciling fairness and efficiency:
    • Key procedural rights of parties
    • Techniques for conducting focused and productive interviews
    • Human rights considerations
  • Securing the confidentiality of the investigation process
  • Practical tips for safeguarding the investigation from bias

2:00
Difficult and Vexatious Parties: The Represented, the Under-Represented and the Self-Represented

Paul Aterman
Deputy Chairperson, Immigration Appeal Division
Immigration and Refugee Board of Canada

Ian R. Mackenzie
Arbitrator and Mediator
Mackenzie DRS

  • Practical insights for effective hearings with self-represented or under-represented parties
    • Ensuring an efficient hearing while maintaining access to justice and a fair process
    • The roles and responsibilities of the adjudicator and counsel when dealing with self-represented and under-represented parties
    • The role of opposing counsel in ensuring a fair process and protecting the rights of the self-represented
    • Insights for counsel on how to address the Tribunal, including the need to explain jargon or use plain language
  • Best practices for dealing with difficult parties and vexatious litigants

2:45
Closing Remarks from Co-Chairs
3:00
Conference Concludes