DAY 1 | TUESDAY, FEBRUARY 9, 2010

9:00am Opening Remarks from the Co-Chair
Andrew J. Heal
Partner, Blaney McMurtry LLP

Minimizing Risks Arising from Aging Infrastructure
Chris Barnett
Partner, Davis LLP

• Understanding the role of provincial and federal governments in municipal infrastructure projects: what is the allocation
  of risks and liabilities?
• Learning how to identify key hazards and potential for liability
• Clarifying the duty of care and extent of responsibility of municipalities and provinces
• Lessons learned from legislative initiatives in Eastern Canada limiting liability
• Updates on latest case law and legal developments
• Canvassing exposures to liability and suitable legal defenses
• Scenario analysis: how a provincial body handled the collapse of a section of a highway
  - What pro-active steps could have been taken prior to the event?
  - What risk minimizing strategies should be taken?
  - What can be learned from court cases of such situations?

10:15 Networking Refreshment Break

Effective Risk Management Strategies for Defending Against Negligent Building Inspection Claims
Signe B. Leisk
Partner, Cassels Brock & Blackwell LLP
Alison Orr, P. Eng.
Building Engineer, Southward Consultants Ltd.

• Examining a municipality’s obligations:
  - Reviewing building and permit inspections regimes
• Understanding the liabilities arising from negligent inspections
  - What constitutes a “reasonable inspection”?
• Analyzing joint and several liability issues in the context of negligent building inspection claims
• Devising successful strategies for defending against negligent building inspection claims:
  - Expert witnesses
  - Workmanship errors and reliance on design professionals
  - Health and safety issues
  - Defending subrogated claims
  - Registered code agencies
• Best practices for reducing liability:
  - Contributory negligence
  - Failure to mitigate

Joint and Several Liability: Keeping the Burden to a Minimum
David G. Boghosian
Principal, Boghosian & Associates
Matthew Wilson
Senior Policy Advisor, Association of Municipalities of Ontario

In cases such as motor vehicle accident litigation, if the defendants are unable to meet the court ordered award,
joint and several liability provisions may create a disproportionate situation in which the municipality ends up paying
for the entire judgment. This session will share risk minimizing strategies and draw upon lessons learned from case
law across Canada.

• Updates on key case law
• Learning about the reform initiatives in Ontario and their status
• Examining Joint and Several Liability in Canada:
  - Understanding Saskatchewan’s Contributory Negligence Act
  - Identifying the changes made to joint and several liability in the Canadian Business Corporations Act
• Understanding potential alternatives
• Strategies for minimizing exposure to liability

12:30 Networking Luncheon for Delegates and Speakers

Best Practices for Avoiding, Reducing and Defending Litigation Claims against Public Bodies
Diana W. Dimmer
Director of Litigation, City of Toronto, Legal
Colleen Sinclair
Barrister & Solicitor, The City of Calgary Law Department, Litigation Section

• Case law updates on claims against municipal and provincial bodies
• Dealing with the changes to the Ontario Rules of Civil Procedure: what you need to know
• Using alternative dispute resolution effectively
• Analyzing hold harmless clauses:
  - When are they suitable?
  - Are they enforceable?
• Strategies for minimizing personal injury claims against municipalities and provincial bodies
• Lessons learned and updates on limitation period defences

Identifying and Reducing Your Exposure to Environmental Liabilities
Janet Bobechko
Partner, Blaney McMurtry LLP
Valerie M’Garry
Principal, Valerie M’Garry Law Office

• Updates on liabilities arising from landfill sites:
  - Steps to take to avoid leaching liabilities
  - Key lessons from case law
• Examining how to manage liabilities for source water protection:
  - How to balance municipal liabilities in situations where utilities run through lands that are under provincial or federal authority?
• Analyzing the effects of environmental impacts on municipal liabilities:
  - What are the municipal obligations to provide better drainage systems in the event of excess rainfall?
• Scenario analysis of a spill and cleanup: checklist of steps you must take
• Benefits of taking proactive actions:
  - Surveying old hazards on public properties
  - Promoting implementation of green standards
• Evaluating how the new clean-up standards in Ontario may affect the liabilities of completed clean-ups
• Understanding the implications of the Ontario Green Energy Act on municipal powers: a sign of things to come in other provinces?

3:15 Networking Refreshment Break

Reducing the Liabilities from Recent Developments in Municipal and Provincial Land Use Planning
Andrew J. Heal
Partner, Blaney McMurtry LLP

• Challenging or striking claims at an early stage
• The Planning Act and allegations of negligent handling of the planning process
• Top tips for drafting successful Site Plan Agreements
• Updates on the latest key expropriation challenges and cases across the provinces

Co-Chairs’ Closing Remarks
Conference Adjourns

DAY 2 | WEDNESDAY, FEBRUARY 10, 2010

9:00 Opening Remarks from the Co-Chair
Bradley N. McLellan
Partner, WeirFoulds LLP

Keeping Your Exposure to Road and Sidewalk Liabilities to a Minimum
David A. Graves Q.C.
Partner, McInnes Cooper
Alan S. Rudakoff
Partner, Macleod Dixon LLP

Road Maintenance:

• Differing statutory regimes for municipalities across Canada
  - Case Study: Ontario vs. Nova Scotia
• Lessons learned from case law: pot holes, snow and ice, repair of roads and streets
• Strategies for minimizing risk of claims and reducing liability
• Balancing financial constraints with the risk of liability claims
• Understanding your own evidence: record keeping and intradepartmental communication
• “Principal” pitfalls: overcoming the problems of avoiding and insuring against the liability of subcontractors
• Comparing and analyzing historical infrastructure versus modern liability standards

Motor Vehicle Accidents:

• The rise of damages from catastrophic brain injuries and the risk this presents for municipalities

Slips and Falls:

• Case law updates and risk management strategies
• Updates of case law of injuries under the Occupier Liability Act(s)

10:15 Networking Refreshment Break

Reducing Your Exposure and Controlling Your Costs: Best Practices for Effective Insurance Coverage
Terry Patterson
Managing Director, Jardine Lloyd Thompson Canada Inc.
Bruce Drake
Risk Management Insurance Officer, City of Greater Sudbury

• Exploring how to extinguish claims in the early stages
• Examining developments in insurance products:
  - What is covered and what is not?
• • Evaluating the pros and cons of self-insurance and reinsurance options
• Analyzing the trend of increasingly large sums of damages in road accidents:
  - How to assess whether you have enough coverage?
  - What should you consider when deciding on the insurance coverage amount?
• Tips on effectively controlling your costs
• Strategies for minimizing liabilities that are not covered
• Checklist of areas of potential exposure for municipalities

Meeting the Duty to Consult in Provincial and Municipal Matters: What Happens When You Cannot?
Jacquelyn E. Stevens
Willms & Shier Environmental Lawyers LLP

• Understanding liability risks provinces and municipalities face from Aboriginal claims
• Examining the principle of Duty to Consult in the context of provincial and municipal responsibilities
• Overcoming the challenges arising from lack of willingness to participate in safe drinking water committees under
  freshwater protection policies: how does this affect the liabilities and responsibilities of the municipalities?
• Strategies for risk management when dealing with Aboriginal claims

12:15 Networking Luncheon for Delegates and Speakers

Avoiding Litigation: A Guide to Errors & Omissions (E & O) and General Commercial Liability (CGL) Issues
William Blakeney
Partner, Blakeney Henneberry Murphy & Galligan, Barristers & Solicitors

With the rapid increase in class action lawsuits, exclusions claims against Professional E & O and CGL policies are
increasingly common. Attend this session and learn how to effectively manage these liabilities.

• Understanding the scope of Professional E & O and CGL coverage
• Examining exclusion claims against professional E & O and CGL policies
• Top tips for minimizing liability risks and avoiding litigation
• Examining coverage under Claims Made and Occurrence Based Policies
• Limitation Periods in sexual abuse claims for professionals: do they exist?
• When has a Claim been made?
• Best practices for reporting claims
• Advantages and Disadvantages to ADR

2:30 Networking Refreshment Break

Limiting Your Liability in the Employment Context
Abdul-Basit Khan
Partner, Blake, Cassels & Graydon LLP

• Managing the risks and losses from employee fraud
• Strategies for effective workplace investigations
• When is just cause dismissal sustainable?
• Examining wrongful dismissal in the public sector
• Avoiding constructive dismissal claims

Flooding Impact on Municipalities: Minimizing Your Exposure to Litigation and Claims
David G. Boghosian
Principal, Boghosian & Associates
Anthony (Tony) Rossi, MBA, FCIP, CRM
Manager, Risk Management, City of Mississauga

• Strategies for updating emergency response plans
• Understanding the liability of a municipality: checklist of key issues to address
• Effectively communicating to minimize exposure to liability
• Examining provincial and municipal liability when facing a pandemic: analyzing case law on SARS and Walkerton
• Scenario Analysis: Recommended steps to take in an event of a power outage of failure of a communications tower
  fails due to harsh weather conditions

Co-Chairs’ Closing Remarks
Conference Concludes