PROVINCIAL/MUNICIPAL GOVERNMENT LIABILITY

Transcription

1 The Canadian Institute s 20 th Annual Clients & Colleagues of Steven Rastin save $200!* See page 6 for details. PROVINCIAL/MUNICIPAL GOVERNMENT LIABILITY Your Practical Guide to Addressing Liability from All Sides & Minimizing Your Risk February 27, 2014 Sheraton Parkway Toronto North Hotel Gain Expert Guidance to Build Your Practical Toolkit: Learn How to Stop Claims before they Start! Major players, from municipalities to private practice, will equip you with the tools necessary to minimize your risk, through practical sessions on: Understanding the Minimum Maintenance Standards and their 2013 Amendments Dissecting the Scenarios that are Generating Claims in Road Liability to Mitigate Loss Gaining Practical Solutions to Manage Inspection and Code Claims in Building Liability Anticipating and Avoiding Claims in Outdoor Recreational Spaces Analyzing Trip/Slip and Fall Claims with Guidance Directly from the Municipality Remaining Up-to-Date on the Latest Legal Developments and Actions in Police Civil Liability And much more! Plus! Develop additional skills to minimize risk by participating in Targeted Learning Sessions A Resolving Claims Outside of Court: Understanding When You Should Settle B Succinct Guide to the Top Issues in Environmental Liability: Ensure Your Clients are Prepared and Protected C In-Depth Guide to Building Liability: Learn Exactly how to Remain Compliant and Avoid Claims 20 th Anniversary Concise Guide on All the Core Issues! Improve your skills with practical and proven guidance from our Distinguished Faculty: GOVERNMENT City of Guelph City of Hamilton City of Ottawa PRIVATE PRACTICE FIRMS Blaney McMurtry LLP Lerners LLP Boghosian & Allen LLP Loopstra Nixon LLP Boland Howe LLP Oatley, Vigmond LLP Clyde & Co. LLP Rastin & Associates Falconers LLP Saxe Law Office Gowling Lafleur Shillingtons LLP Henderson LLP Stieber Berlach LLP Heal & Co. LLP Will Davidson LLP Media Partners: INDUSTRY CIMA+ Orr Brown Consulting Engineers Ltd. REGISTER NOW #CIPMGL EARN CPD HOURS

2 Get the tools you need, and balanced guidance from, leading government practitioners and both sides of the private practice bar. This popular event brings together municipal solicitors, provincial lawyers, government advisors, risk managers, private practice lawyers and insurance professionals, to address your critical issues and provide you with practical and proven solutions. This 20 th anniversary edition is specially designed to provide up-to-the-minute information on today s most pressing liability issues, help you create successful risk management plans and develop effective strategies to mitigate liability. With slashed budgets, inadequate resources and heavier workloads, it is critical that you get the latest information you need to limit liability and minimize your risk exposure. Now as a one-day intensive, you will leave up-to-date and well equipped to handle any file that crosses your desk. This event is your one-stop shop to build your practical litigation toolkit and help you stop claims before they start. Here you will address liability from all sides to minimize your risk. Learn how to: Meet the heightened demands in road and highway liability Navigate the Minimum Maintenance Standards and their 2013 amendments Manage inspection and code claims in building liability Avoid claims in parks and other recreational spaces Analyze developments in police civil liability from both a plaintiff and defence perspective PLUS! Gain in-depth practical strategies by attending the post-event Targeted Learning Sessions A Resolving Claims Outside of Court: Understanding When You Should Settle B Succinct Guide to the Top Issues in Environmental Liability: Ensure Your Clients are Prepared and Protected C In-Depth Guide to Building Liability: Learn Exactly how to Remain Compliant and Avoid Claims REGISTER TODAY for our in-depth and concise one-day training event. Call , fax your registration to or register online at We look forward to seeing you in February! DISTINGUISHED FACULTY WHO SHOULD ATTEND Chairs: Ron Sabo Assistant City Solicitor City of Hamilton Speakers: GOVERNMENT & INDUSTRY Geoffrey Cantello Senior Legal Counsel, City of Ottawa Scott Worsfold Deputy City Solicitor, Legal and Realty Services, City of Guelph Brian Malone, P. Eng., PTOE Partner, VP of Transportation, CIMA+ Alison G. Orr Consulting Engineer/Certified Building Code Official Orr Brown Consulting Engineers Ltd. PRIVATE PRACTICE Defence Side Belinda Bain Partner, Gowling Lafleur Henderson LLP David Boghosian Partner, Boghosian & Allen LLP Jonathan de Vries Lawyer, Shillingtons LLP Karen Earl Partner, Clyde & Co. LLP Scott Emerson Hamilton Partner, Loopstra Nixon LLP Eugene Mazzuca Partner, Blaney McMurtry LLP Iain Peck Lawyer, Stieber Berlach LLP Dianne Saxe Partner, Saxe Law Office Steven Stieber Partner, Stieber Berlach LLP Stuart Zacharias Partner, Lerners LLP Plaintiff Side Paul Cahill Partner, Will Davidson LLP Julian Falconer Partner, Falconers LLP Troy H. Lehman Partner, Oatley, Vigmond LLP Steven Rastin Partner, Rastin & Associates Darcy Romaine Lawyer, Boland Howe LLP City Solicitors Provincial and Municipal Legal Counsel Plaintiff and Defence Counsel Lawyers Specializing in Municipal, Provincial, and Civil law Claims Adjusters Insurance Underwriters Directors of Claims City Treasurers and Directors Risk Managers Operations Managers City Planners City Clerks

3 February 27, :45 8:45 Opening Remarks from the Co-Chairs Ron Sabo Assistant City Solicitor, City of Hamilton Deep Dive into the Minimum Maintenance Standards (MMS): Establishing Context Gain a balanced perspective from all stakeholders to minimize your risk in bringing, defending and reducing claims involving the MMS. Hear directly from both the plaintiff and defence bar for guidance on legal and practical ways to minimize your risk prior to and during litigation. 9:00 Setting the Stage to Understand the Genesis: An Academic Perspective Jonathan de Vries Lawyer, Shillingtons LLP Review of the history of municipal highway liability Exploring problems the MMS were intended to solve Understanding the legal and practical flaws in the MMS The 2013 amendments: what effect might they have? 9:20 Sharpening Your Sword to Advance Your Case: Darcy Romaine Lawyer, Boland Howe LLP Overview of the science of road maintenance Analyzing the constitutional problems with the MMS A look at how the MMS compromise public safety Learn how to attack the MMS both legally and practically 9:40 Benchmarking Your Response Strategy: A Defence Perspective Stuart Zacharias Partner, Lerners LLP Examining the intended purpose of the MMS, including how they fit into the overall statutory framework of the Municipal Act, 2001 Analyzing the Giuliani decision, including arguments on the correctness of the analysis Post-Giuliani application of the MMS and necessary risk management strategies for municipalities Comments on the need for legislative reform with respect to municipal liability 10:00 MMS Roundtable: Practical Analysis and Debate from All Stakeholders Stuart Zacharias Partner, Lerners LLP Darcy Romaine Lawyer, Boland Howe LLP Jonathan de Vries Lawyer, Shillingtons LLP Understanding the 2013 amendments to the MMS Exploring the Court s treatment of the MMS: - Is the Court applying the MMS as a statutory defence, or has it reverted back to the common law standard of negligence? What does this mean for your practice? - Are municipalities now facing more exposure as it relates to accidents that occur on their roads? 10:30 10:45 Analyzing Recent Decisions in Police Liability: Remain Up-to-Date on the Evolving Areas of Issue Estoppel, Police Notes and Duty of Care Julian Falconer Partner, Falconers LLP Eugene Mazzuca Partner, Blaney McMurtry LLP Examining Penner v. Niagara (Regional Police Services Board); Schaeffer et al. v. Wood et al.; and, Wellington v. Ontario to understand: - Issue estoppel in the context of police disciplinary proceedings - The state of the law on vetting police notes through lawyers prior to formal documentation - Why the Court does not recognize the existence of a private law duty of care in relation to police investigations 11:30 New Developments in Building Liability: Solutions to Manage Inspection and Code Claims Alison G. Orr Consulting Engineer/Certified Building Code Official Orr Brown Consulting Engineers Ltd. Examining errors and omissions claims relating to plans review and building inspections Managing building standards/code issues to help minimize claims Understanding claims against municipalities for negligent inspections - triggers, defence strategies, vulnerabilities Clarifying municipal obligations with respect to inspections of older buildings Exploring the role of title insurance and solicitors inquiry letters in building inspection claims - especially historical building inspection claims Comments on the Elliot Lake Inquiry A look at the plaintiff s perspective, and subrogated claims

4 12:15 Networking Luncheon for Speakers and Delegates 1:30 Dissecting Scenarios that are Generating Road Liability Claims Today: A Guide to Mitigating Loss Brian Malone, P. Eng., PTOE Partner, VP of Transportation, CIMA+ Troy H. Lehman Partner, Oatley, Vigmond LLP Steven Stieber Partner, Stieber Berlach LLP What constitutes appropriate road signage? - Examining the latest signage case decisions - Understanding the municipality s perspective on updating and changing signs: what is required and why? Exploring unusual scenarios: - Single car MVAs involving loss of control - Level crossing accidents Why multi-million dollar settlements of the past year have caught the attention of the municipalities Top 10 proven strategies to help your expert assist the court 2:15 Status of a Municipal Statutory Defence: Will the Ontario Court of Appeal Decision Argue v. Tay (Township) bring clarity to the existing notice period defences? Scott Emerson Hamilton Partner, Loopstra Nixon LLP Paul Cahill Partner, Will Davidson LLP Review of recent Ontario decisions addressing the 10 day notice period defence Factors to be considered in the determination of whether there is a reasonable excuse for providing late notice Impact of discoverability principles in the assessment of reasonable excuse When might a municipality be prejudiced by late notice? When to bring and when not to bring a Summary Judgment motion to bar an action in which there is late notice 2:45 3:00 Critical Update On Sidewalk Liability: Guidance Directly from the Municipality on Analyzing Trip/Slip and Fall Claims Geoffrey Cantello Senior Legal Counsel, City of Ottawa Factors required in determining gross negligence: a moving target in respect of sidewalk maintenance Understanding when a sidewalk is in a state of disrepair so as to warrant action by the municipality Exploring falls that occur between sidewalks: does the municipality have a higher standard on crosswalks? Record keeping by municipalities: what constitutes a valid record? Guidance from the City: best practices after a claim is received Examining evolving standards to be met within areas under construction 3:45 The Dangers Lurking in Playgrounds and Parks: Guidance on How to Anticipate and Avoid Claims in Outdoor Recreational Spaces Scott Worsfold Deputy City Solicitor, Legal and Realty Services City of Guelph Steven Rastin Partner, Rastin & Associates Belinda Bain Partner, Gowling Lafleur Henderson LLP Permitted uses of parks - How quickly can a municipality reasonably be expected to address changing uses? Trails Liability - The most effective recreational trail defences The latest in playground and bouncy castle liability Occupiers vs. Municipal Liability Claims arising on property owned by the municipality: - A look at fall injuries in a hockey rink, park and on a walkway - What is the applicable standard of care, the Occupiers Liability Act or the Municipal Act? Occupiers Liability: Exploring whether there is any increased duty with respect to minors: - recreational facilities, schools, etc. 4:30 Year in Review: Deconstructing Key Implications of the Top Cases in Sidewalk, Road and Highway Liability David Boghosian Partner, Boghosian & Allen LLP Keep pace with the evolving case law and its application, in claims involving sidewalks, roads and highways - Giuliani v. Region of Halton - Deering v. City of Oshawa - Argue v. Tay Understand the extent of municipal liability in maintaining roads and highways, in light of the Court s treatment of the MMS Analyze your areas of exposure as a result of recent case law, both made and applied 5:15 Closing Remarks, Conference Concludes SPONSORSHIP & EXHIBITION OPPORTUNITIES Maximize your organization s visibility in front of key decision-makers in your target market. For more information, contact Director of Business Development Daniel Gellman at ext. 7389, toll-free ext or by at d.gellman@canadianinstitute.com

5 February 28, 2014 Targeted Learning Sessions A 9:00am 11:00am B 11:00am 12:30pm (Registration opens at 8:30am) Resolving Claims Outside of Court: Understanding When You Should Settle Karen Earl Managing Partner, Toronto, Clyde & Co. Canada LLP Join Karen for an in-depth look at applying ADR strategies in the municipal arena. Learn exactly how to assess and prioritize your claims files and gain the tools necessary to manage litigation in an efficient, cost-effective way. Explore options to resolve claims from their inception Understand early and ongoing analysis and investigation Does every claim require mediation? A look at negotiation/settlement conferences What is bifurcation and when is it appropriate Since beginning her practice, Karen Earl has been involved in a variety of litigation matters focusing on general insurance and risk management, including municipal liability, police liability, occupiers liability and motor vehicle insurance. She has appeared at all levels of the Ontario Superior Court and the Ontario Court of Appeal, and in July 2003 successfully completed training as a mediator. She now mediates claims in her spare time. (Registration opens at 10:30am) Succinct Guide to the Top Issues in Environmental Liability: Ensure Your Clients are Prepared and Protected Dianne Saxe Partner, Saxe Law Office Join Dr. Dianne Saxe for a review of the top environmental liability issues making headlines today. This is your opportunity to take part in an interactive discussion with one of the world s leading environmental law experts. Dr. Saxe will take you through top cases and trends in the law involving: Municipal liability for contaminated sites Personal environmental liability of city councillors and staff Climate change liability Dr. Saxe is one of Canada s leading environmental lawyers. She is an experienced litigator in civil, criminal and administrative environmental cases, and is regularly consulted by governments, businesses, individuals and environmental groups. She holds one of Canada s only Doctorates of Jurisprudence (PhD) in environmental law. 12:30 A light lunch will be served for those participating in two or more Targeted Learning Sessions C 1:30pm 4:00pm (Registration opens at 1:00pm) In-Depth Guide to Building Liability: Learn Exactly how to Remain Compliant and Avoid Claims Iain Peck Lawyer, Stieber Berlach LLP Join Iain for a comprehensive look at building construction and inspection issues. Leave this in-depth, interactive session armed with: a complete review and analysis of claims where municipalities have been liable for building plan review and inspection tips and strategies to avoid plan review and inspection claims a solid understanding of the effects of reliance on engineer and architect seals Iain Peck concentrates his practice in construction litigation, principally acting on behalf of engineers, architects, other construction professionals and municipalities. He regularly handles claims against directors and officers, particularly with respect to construction issues. LEGAL ACCREDITATION EARN CPD HOURS This program may be eligible toward the CPD Requirement as 6.5 Substantive Hours, as required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism Hours or the New Member requirement. This program has been approved by the Law Society of Saskatchewan for 6.5 CPD hours for the conference. Members will also receive 6.0 additional CPD credit hours for attending the workshops. The same number of hours may be applied toward your continuing legal education requirements in British Columbia. The Barreau du Québec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE. Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits. MEDIA PARTNERS Municipal World is the best source for information, news, views and trends in local government. Published 12 times a year, Municipal World provides up-to-date coverage of the latest developments in this fast-changing environment. Topics covered include publicprivate partnerships, economic development, finance, legislation, quality standards and technology. Call to subscribe today! The International Municipal Lawyers Association (IMLA) is a nonprofit organization dedicated to advancing the interests and education of local government lawyers. IMLA has been an advocate and resource for local government lawyers since IMLA serves as an international clearinghouse of legal information and furthers cooperation in municipal legal matters. IMLA champions the development of fair and realistic legal solutions, and assists members on the vast and cutting edge legal issues facing local government lawyers today. The Canadian Institute, 2013

6 TOP REASONS TO ATTEND The Canadian Institute s 20 th Annual PROVINCIAL/MUNICIPAL GOVERNMENT LIABILITY Your Practical Guide to Addressing Liability from All Sides & Minimizing Your Risk To expedite your registration, please mention your Priority Service Code 2S REGISTRATION FORM ATTENTION MAILROOM: 1YES! Register the following delegate for February 27, 2014 Sheraton Parkway Toronto North Hotel Clients & Colleagues of Steven Rastin save up to $200!* Be sure to mention this discount* and your priority service code 214L14.S when you register. *See chart for details. Discount applies to regular conference fee at the time of registration and is not valid in combination with any other offer PROVINCIAL/MUNICIPAL GOVERNMENT LIABILITY FEE PER DELEGATE Register & Pay by January 31, 2014 Register & Pay after January 31, 2014 PLEASE ADD 13% HST TO ALL ORDERS Program (on site) $1295 $1095 $1595 $1395 Program + 1 Targeted Session A B C $1790 $1590 $2090 $1890 Program + 2 Targeted Sessions A B C $2185 $1985 $2485 $2285 ELITEPASS*: Program + All 3 Targeted Sessions $2480 $2280 $2780 $2580 SPECIAL GOVERNMENT RATE Program (on site) $ 995 $1295 Program + 1 Targeted Session A B C $1490 $1790 Program + 2 Targeted Sessions A B C $1885 $2185 ELITEPASS*: Program + All 3 Targeted Sessions $2180 $2480 Live Webcast (Program Only) $995 All program participants will receive an online link to access the program materials as part of their registration fee BINDER or * *ELITEPASS is recommended for maximum learning and networking value. Only government employees qualify for this special rate. CI reserves the right to review eligibility for this offer. Not to be combined with any other offer. 2 CONTACT DETAILS NAME POSITION ORGANIZATION ADDRESS CITY PROVINCE POSTAL CODE TELEPHONE FAX TYPE OF BUSINESS NO. OF EMPLOYEES APPROVING MANAGER POSITION Wire Transfer ($CAD) 3 PAYMENT PLEASE ADD 13% HST TO ALL ORDERS Please quote the name of the attendee(s) and Please charge my VISA MasterCard AMEX DISCOVER CARD the program code 214L14 as a reference. NUMBER EXP. DATE Beneficiary: The Canadian Institute CARDHOLDER Bank Name: HSBC / Account #: I have enclosed my cheque for $ including applicable taxes made payable to The Canadian Institute (GST No RT0001 ) Address: 150 Bloor St, Suite M100, Toronto, ON Swift Code: HKBCCATT / Transit #: / Bank #: 016 Learn how to analyze liability from all sides to minimize your risk and understand exactly what your opponent is looking for Prepare your business for increased exposure in light of the Court s treatment of the MMS Gain valuable information directly from government to manage and prevent claims Attain first-hand, practical advice on how to prepare for future trends Keep pace with evolving case law and its application 5 EASY WAYS TO REGISTER Phone: or Fax: ADMINISTRATIVE DETAILS or CustomerService@CanadianInstitute.com Mail: The Canadian Institute 1329 Bay Street Toronto, Ontario M5R 2C4 Online: PROGRAM CODE: 214L14-TOR VENUE: Sheraton Parkway Toronto North Hotel ADDRESS: 600 Hwy 7, Richmond Hill, ON L4B 4R8 TEL.: Hotel Reservations For information on hotel room availability and reservations, please contact the Sheraton Parkway Hotel at and mention the Canadian Institute s group rate to receive a discounted room rate of $129 per night. Registration Fee The fee includes the program, all program material in soft copy, coffee breaks and lunch(es). Payment Policy Payment must be received in full by the program date to ensure admittance. All discounts will be applied to the Program Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to 4 or more individuals employed by the same organization, who register at the same time. For more information on group rates, please call Cancellation and Refund Policy You must notify us by at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not share a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify The Canadian Institute in writing no later than 10 days prior to the program date and a credit voucher will be issued to you for the full amount paid. Credit Vouchers are valid for 1 year and are redeemable against any other program by The Canadian Institute. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the program date. The Canadian Institute reserves the right to cancel any program it deems necessary and will, in such event, make a full refund of any registration fee, but will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by The Canadian Institute for changes in program date, content, speakers or venue. CALL FOR GROUP OR SPECIAL INDUSTRY PRICING OPTIONS