Day 1 - Tuesday, June 2, 2020

9:00
Co-Chair Opening Remarks

Kirk Boggs
Partner, Practice Group Leader, Toronto Insurance Defense Group
Lerners LLP

Andra Maxwell
City Solicitor
City of Mississauga

9:15
Assessing the Consequences of COVID-19 on Municipal Liability

Andra Maxwell
City Solicitor
City of Mississauga

Stephen Ronan
Partner
Lerners LLP

In this session analyze the short term and long-term consequences of the COVID-19 pandemic on provincial and municipal liability. Come prepared to engage with questions and suggestions in this think tank style session designed to identify potential risk, share lessons learned and discuss the implications for future defense strategies.

9:45
Applying Lessons Learned from Recent Government Liability Cases

Thomas Macmillan
Partner
Rogers Partner LLP

Take preventative steps and manage claims effectively with key learnings from significant cases in government liability over the past year. In this session you will hear insights on the current liability landscape, what’s changing and how to align your strategy.

10:15
Examining the Potential Impact of the Crown Liability and Proceedings Act on Your Practice

Sunil Mathai
Senior Counsel, Ministry of the Attorney General
Crown Law Office - Civil

On July 1, 2019 with the Crown Liability and Proceedings Act came into effect. This replaced the long-standing Proceedings against the Crown Act. The CLPA introduces several changes, including provisions to insulate the government’s policy-based decisions. This session will provide in-depth examination of how crown liability has changed as well as guidance on how to navigate new requirements for litigating against the Crown.

  • Examining what “policy decisions” and what “regulatory decisions” are immune from liability
  • How to interpret the retroactive application of s.11 of the act
  • Unravelling the implications of the CLPA on claims of negligence, misfeasance and class actions
  • Learn how to file a motion without having an underlying action

10:45
Making Inroads on Joint and Several Liability Reform

John McLennan
Risk Manager
City of Hamilton

Scott-butler-head shot

Scott Butler
Manager, Policy and Research
Ontario Good Roads Association

Larry-Ryan-headshot

Larry Ryan
President
Frank Cowan Company

Moderator:

Kirk Boggs
Partner, Practice Group Leader, Toronto Insurance Defense Group
Lerners LLP

  • Overview of application of joint & several liability
  • Examining the impact on municipalities an insurers
  • Analysis of potential changes to JSL
  • Forecasting the future of reform based on ongoing lobbying efforts

11:45
Break
12:45
Fortifying Social Media Practices: How to Engage Online without Crossing the Line

Jason Wadden
Partner
Goodmans LLP

Stephen Spracklin
Deputy City of Solicitor
City of Vaughan

  • Addressing liability risks associated with misstatements and privacy requirements
  • Identifying potential claims through social media activity
  • Analysis of how social media is being used as a litigation strategy

1:30
Preparing Evidence for Trial: How to Access and Leverage Resources to Expedite Claims Resolutions

Paul Martin
Partner
Loopstra Nixon LLP

  • Expert evidence: Guidance on disclosures and use of expert opinion
  • Video evidence: Understand the legal parameters for use of surveillance
  • The role of technology—How to leverage device data and what to do when technology fails you

2:00
Road and Highway Liability: Best Practices for Risk and Claims Management

George Wray
Partner
Borden Ladner Gervais

Jessica Jaremchuk
Director of Risk Management Services
Frank Cowan Company

  • Learn how the minimum maintenance standards are being interpreted by municipalities and applied in case law
  • How to align maintenance contracts with MMS
  • Analysis of when duty to defend is triggered
  • Examination of duty of care and contributory negligence decisions
  • Monitoring the role of friction testing and statistical analysis
  • Forecasting implications of autonomous vehicles and the adoption of vision zero

2:45
Letting the Smoke Clear on Recreational Marijuana: Where Liability has Landed for Municipalities Post Legalization

Robert Genoway
Legal Counsel
City of Mississauga

Barbra Miller
Partner
Aird Berlis LLP

  • Examining where the regulatory and enforcement role for provinces and municipalities
  • Best practices for drafting cannabis related bylaws
  • Analysis of liability consequences arising from the legalization of marijuana including the introduction of edibles

3:15
End of Day

Day 2 - Wednesday, June 3, 2020

9:00
Co-Chair Opening remarks

Kirk Boggs
Partner, Practice Group Leader, Toronto Insurance Defense Group
Lerners LLP

9:15
Spotlight on Bylaw Enforcement: Defining Powers and Limits of Authority in the Modern World

Adrienne Atherton
Partner
Civic Legal LLP

Megan Chorlton

Megan Chorlton
Director of Member Services & General Counsel
Municipal Insurance Association of BC

In this session, we will discuss bylaw enforcement powers and constraints and identify and assess risks and insurance issues concerning modern day issues, such as the provision of self- defense weapons for bylaw officers and the provision of services during the COVID-19 pandemic.

10:00
Preventing Planning and Development Permit Claims

Pino Cianfarani
Partner
Lerners LLP

  • Examining liability consequences arising from infill and redevelopment projects
  • Breaking down building permits – identifying when the permit is closed
  • Best practices for managing claims for negligent enforcement of planning by-laws
  • How to minimize liability from site inspections

10:30
Spotlight on Leading Police Liability Cases : Guidance on Negligence and Confidentiality Related Claims

  • Implications of Clark v. Ontario for police and the provincial duty of care
  • Update on negligence Investigations post Hill v. Hamilton-Wentworth Regional Police Services Board
  • Navigating public interest and liability in the disclosure of confidential information and publication of criminal charges

11:00
How to Minimize Liability Exposure Following a Data Breach

Dustin Moores
Counsel
nNovation LLP

  • Pre-emptive containment through agreements
  • How to establish and execute a data breach response plan
  • How to avoid common response missteps
  • Deploying the appropriate notifications under privacy legislation

11:30
Break & Main Conference Adjourns

Virtual Workshop — Effective Claims Management – Strategies to Prevent Prolonged Litigation and Spiralling Costs

Jun 3, 2020 12:30pm – 2:30pm

Dana Paladino
Deputy City Solicitor
City of Windsor

What is it about?

Increasing litigation and escalating costs require municipalities to harness tools and techniques that will enable them to assess claims and move through the litigation process efficiently. This workshop is designed to help your department keep expenses in check and mobilize best practices in claims administration.

  • Designing your risk prevention strategies– How to assess the gaps and align internal businesses processes
  • Establishing comprehensive documentation to defend claims and expedite proceedings
  • How to strengthen communication to ensure pertinent information is gathered
  • Best practices for liaising with your insurer—what they need to know to advise your team
  • How to realize cost savings by moving to an in-house model
  • Self–Insurance – Assessing where your deductible needs to be in order to keep insurance costs down, and claims costs manageable
  • Recoveries – How to offset costs by bringing money back in to your municipality