CBA Administrative Law, and Labour and Employment Law Conference - Agenda 

Nov. 17-18, 2023
Ottawa ON

CBA Administrative Law, Labour and Employment Law Conference

CBA Administrative Law, and Labour and Employment Law Conference - Agenda
Presented by the CBA Administrative Law and the CBA Labour and Employment Law sections

November 17-18, 2023 | The Westin Ottawa
11 Colonel By Drive | Ottawa, ON


Review of Recent Trends and Emerging Issues in
Administrative, Labour & Employment Law

This year’s conference will see the return of long-standing favourites, including the annual administrative law update with Professor Paul Daly and a dynamic conversation covering the latest developments in administrative law with the Honourable Justice Stratas. Administrative law practitioners will have the opportunity to hear about emerging issues in professional regulatory law and reflect on the shifting standard of fairness in administrative decisions. Additionally, labour and employment practitioners will have the opportunity to hear about the year’s leading cases from across Canada and learn about the latest in employment law class actions. Day 1 of the conference will close with a spirited discussion about non-disclosure agreements and the cross-country campaign to restrict their use in certain legal proceedings. On Day 2, participants will once again be treated to an in-depth conversation with a Supreme Court of Canada Justice, followed by an ethics session to round out your CPD credits.


Agenda Subject to Change

TIME EVENT
7:30 am – 8:30 am

REGISTRATION AND BREAKFAST

8:30 am – 8:35 am

CONFERENCE CO-CHAIRS OPENING REMARKS

Christopher Deehy, Partner, Lapointe Rosenstein Marchand Melançon (Montreal, QC)

Sara Hanson, Senior Associate, Moore Edgar Lyster LLP (Vancouver, BC)
Patricia Harper, Partner, Keel Cottrelle, LLP (Toronto, ON)

8:35 am – 9:15 am

SESSION 1: Opening Plenary
Administrative Law Year in Review with Professor Paul Daly
Sponsor
dunton rainville

Professor Paul Daly returns with his annual update on the most significant and interesting administrative law decisions from the past year.

Speaker:
Paul Daly, Chair in Administrative Law and Governance, University of Ottawa (Ottawa, ON)

9:15 am – 10:15 am

SESSION 2: Morning Plenary
Procedural Fairness in Unfair Circumstances: The Crossover of Administrative Law with Truth & Reconciliation

Join us for a discussion addressing the overlap between principles of procedural fairness with those of truth & reconciliation. In this session, panelists experienced in the area will review the principles of natural justice and how, in practice, the pursuit of truth & reconciliation can inform our understanding of natural justice. This session will primarily be about the practice of administrative law, and how the background of an individual can impact the duty of fairness owed by boards, tribunals and administrative decision-makers, in certain circumstances.

Speakers: 
Nicholas Blenkinsop, Supervising Lawyer, Community Legal Assistance Services Saskatoon Inner City Inc. (Saskatoon, SK)
Nikita Rathwell, Partner, McKercher LLP (Saskatoon, SK)
Tuma Young, Assistant Professor, Cape Breton University (Sydney, Nova Scotia)

Moderator: Michael Macdonald, Associate, McKercher LLP, (Saskatoon, SK)

10:15 am – 10:30 am

BREAK
Sponsor
Southern Butler Price LLP

10:30 am – 12:00 pm

SESSION 3: Concurrent Sessions

SESSION 3.1: Pre-Hearing Preparation for Professional Regulation (Admin)
Room: Confederation II - Level 4

Sponsor
Shores Jardine LLP
Join our distinguished panel for a discussion of the critically important, but often overlooked art of preparation for regulatory hearings. Whether you represent professionals or the bodies that regulate them, this session will provide you with practical advice and tips to improve your own practice; whether it be advocating for procedural fairness at the investigative stage, reviewing disclosure and drafting appropriate charges, or preparing your panel as independent counsel.

Speakers:
Jason Kully, Partner, Field Law (Edmonton, AB)
Elizabeth Allan, Partner, Sugden, McFee and Roos (Vancouver, BC)

Moderator: Annabritt Chisholm, Partner, Shores Jardine (Edmonton, AB)

SESSION 3.2: Cross-Canada Round-Up (Labour)
Room: Provinces Ballroom - Level 4

This session will focus on a variety of significant changes across the country. A few topics on our agenda include:

  • Freedom to strike and negotiate;
  • Non-solicitation litigation;
  • Wrongful dismissals and benefit calculations;
  • Legislative updates in Employment and Labour law;
  • Temporary Help Agency and Recruiter legislative changes in Ontario;


Our panel will review these and other legislative and case law developments that have occurred since 2022.

Speakers:
Kyle Rees, Partner, O’Dea Earle LLP (St. John’s, NL)
Catherine Massé-Lacoste, Lawyer, Rivest Schmidt (Montréal, QC)
Allyson Lee, Lawyer, Sherrard Kuzz llp (Toronto, ON)
Jilian Frank, Partner, KPMG Canada (Vancouver, BC)

Moderator: Andrew Monkhouse, Managing Partner, Monkhouse Law Employment Lawyers (Toronto, ON)

12:15 pm – 1:30 pm

NETWORKING LUNCH

1:30 pm – 3:00 pm

SESSION 4: Concurrent Sessions

SESSION 4.1: Shifting Fairness (Admin)
Room: Confederation II - Level 4

Join our panel to learn about and discuss procedural fairness in the administrative tribunal context as we analyze the shifting thresholds of procedural fairness based on the type of tribunal, type of matter, and the characteristics of the parties involved.

Speakers:
Alyssa Tomkins, Partner, Gowling WLG (Ottawa, ON)
Wei Wiiliam (Will) Tao, Principal, Heron Law Offices/LLM Student(Research), Allard/UBC Law (with assistance of Jessye Kilburn and Laura Schemitsch) (Vancouver, BC)
Dr. Gerard Kennedy, B.A., J.D., LL.M, Ph.D., Assistant Professor, University of Alberta (Edmonton, Alberta)
Bahaa Sunallah, Department of Justice (Ottawa, ON)
Melissa Luhtanen, Senior Legal Counsel to the Chief of the Alberta Human Rights Commission (Calgary, Alberta)
Moderator: Sania Chaudhry, Labour, Employment and Human Rights Lawyer, Workplace Investigator Forte Law (Calgary, AB)

SESSION 4.2: Class is in: Class Actions and Employment Law (Labour)
Room: Provinces Ballroom - Level 4
Lawyers are no strangers to class action litigation, but class actions involving workplace parties are on the rise. In this session, panelists experienced in the area will review the principles of class action litigation, explore the trend of class actions in employment law specifically, and address the pros and cons. Suitable for newly called lawyers and senior counsel alike, this session will provide attendees with an understanding of class action litigation and its impact on employment law.

Speakers:
Sean Grayson,
Partner, Roy O’Connor LLP (Toronto, ON)
Jeff Goodman, Partner, Mathews, Dinsdale & Clark LLP (Toronto, ON)
Alexandra Monkhouse, Partner, Monkhouse Law Employment Lawyers (Toronto, ON)

Moderator: Ashton Butler, Associate, MLT Aikins LLP (Regina, SK)

3:00 pm – 3:15 pm

BREAK

3:15 pm – 4:45 pm

SESSION 5: Plenary Session
NDA Session: To Silence or Not to Silence? Debating the Pros and Cons of Restrictions on NDAs

In this moderated panel discussion, four speakers, including employer-side and employee-side counsel, will debate the pros and cons of restricting the use of non-disclosure agreements in settlements involving allegations of harassment and discrimination. This conversation will also touch on the legislative developments across Canada, including the legislation passed by the PEI government.

Speakers: 
Jennifer Khor, Supervising Lawyer, Community Legal Assistance Society's SHARP Workplaces Legal Advice Clinic and Stand Informed legal advice services (Vancouver, BC)
Ronald A. Pink K.C., Founding and Managing Partner, Pink Larkin Lawyers (Halifax, NS)
Stephen Torscher, Partner, Carbert Waite LLP (Calgary, AB)
Pascal Rocherfort, Partner, Dunton Rainville (Laval, QC)

Moderator: Esi Codjoe, Partner, Turnpenney Milne LLP (Toronto, ON)

4:45 pm – 6:30 pm

NETWORKING RECEPTION

6:30 pm

DINE-AROUND

Sign up at the conference venue for unique restaurants in Ottawa.

 

TIME EVENT
8:30 am – 9:00 am

BREAKFAST

9:00 am – 10:30 am

SESSION 6
Fireside Chat with the Hon. Justice Michelle O’Bonsawin

We are very pleased to welcome the Honourable Justice Michelle O’Bonsawin for another conference favourite - the annual fireside chat with a Supreme Court of Canada Justice. This year’s conversation will be hosted by Audrey Boctor of IMK Advocates.

Speaker: The Honourable Justice Michelle O’Bonsawin, Supreme Court of Canada (Ottawa, ON)

Moderator: Audrey Boctor, Partner, IMK Avocats (Montréal, QC)

10:30 am - 10:45 am

BREAK

10:45 am – 12:15 pm

SESSION 7
Closing Plenary

Join us for a candid conversation about where administrative law has been, and where it is going. Justice Stratas and Bill Shores K.C., will discuss the hottest topics in administrative law, and offer their views on where the next battlegrounds may lie, including judicial review of delegated legislation.

Speakers:
The Honourable Justice David Stratas, The Federal Court of Appeal (Ottawa, ON)
William (Bill) Shores, K.C., Counsel, Shores Jardine LLP (Edmonton, AB)

12:15 pm – 12:30 pm

ESSAY CONTEST AWARD PRESENTATION AND CLOSING REMARKS

Chris Deehy, Partner, Lapointe Rosenstein Marchand Melançon (Montreal, QC)
Patricia Harper, Partner, Keel Cottrelle, LLP (Toronto, ON)

 

 

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    DATE & TIME
    Nov. 17-18, 2023

    FORMAT
    In-Person

    VENUE
    Westin Ottawa
    11 Colonel By Drive
    Ottawa, ON

    SPEAKERS

    RECORDINGS

    MAIN PAGE

    SPONSORS

    Sherrard Kuzz LLP, Employment & Labour Lawyers

    dunton rainville

    Southern Butler Price LLP

    Fasken Martineau DuMoulin LLP

    Shores Jardine LLP

    Arcon Inc.

    Keel Cottrelle LLP

    Wolfhound Consulting

    Angela A. Bradley Workplace Investigation and Mediation

    Clariti Group Inc.

    NORDAL Law Office

    Les Enquêtes HENRI Investigations Inc

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    Presentation materials will be displayed in the language as submitted by the speakers.

 

CONTACT INFO

pd@cba.org
613-237-2925
1-800-267-8860
FAQ & Cancellation