8:30 am

Introduction

8:35 am

Significant S.C.C. cases of interest to the Personal Injury bar The Last Five Years
Eugene Meehan, K.C., Supreme Advocacy LLP, Ottawa

• Personal Injury
• Torts
• Civil Procedure
• Insurance
• Evidence

8:55 am

Problematic Areas of Subrogation Law in New Brunswick
David G. O'Brien, K.C., Cox & Palmer, Saint John
Robynn I. MacDonald, Cox & Palmer, Fredericton

• When Does the Right to Subrogation Arise, (or NOT Arise): Contractual vs Equitable Indemnity
• Subrogation and BI Claims: Medicare, Workers Compensations, the SEF 44
• Battles of the Forms: Contracts Between the Parties v. Their CGL Policies: “Waiver of Transfer”, the Anti-Subrogation Rule, Contractual Immunity, Additional Insured Status

9:10 am

Common Conflicts of Laws in Contract and Tort
Brian Perry, McInnes Cooper, Fredericton

• Conflict of Law Rules Applicable to Policy Disputes and in Tort
• Limitation Periods and Other Common Conflict of Laws Pitfalls

9:25 am

Interjurisdictional Accidents and the NBEF44
Emma J. Neynens, MacGillivray Law, Moncton

• Interjurisdictional Limits and How to Acquire Them
• Eligibility Under the NBEF 44
• Calculating the NBEF 44 Claim

9:40 am

Achieving Fair Outcomes for Indigenous Peoples and People with Invisible Injuries
Ronald Gaffney, K.C., Fredericton

• The New Brunswick Law Society’s “Code of Professional Conduct”
• Ethical Standards Respecting Lawyers’ Interactions with Marginalized and Traumatized Groups
• Indigenous Peoples and People Suffering from Trauma Brought About by Workplace Injuries
• Understanding Your Client’s Perspective

10:00 am

Walking Blindfolded Into a Minefield: What is – and is Not – A Proper Collateral Offset in LTD Litigation
M. Steven Rastin, Gluckstein Personal Injury Lawyers, Toronto

• The Evolution of Deductibility in LTD
• A Laundry List of Potential Offsets
• Common Law Subrogation
• The Future of LTD Offsets

10:20 am

Health Break

10:35 am

A "New" Approach to Apportionment of Defence Costs? Loblaw Companies v. Royal & Sun Alliance (Ont. CA)
Deirdre L. Wade, K.C., Cox & Palmer, Saint John

• Duty To Defend – A Time-On-Risk or All Sums Approach?
• How Does a Deductible or Self-Insured Retention Affect the Duty to Defend?
• Pre-Tender Defence Costs and Relief from Forfeiture
• Defence Reporting Agreements – Addressing Conflicts When There Are Multiple Insureds and Insurers

10:50 am

Four Questions Concerning Human Rights, Civil Liberties, and the Rule of Law
Cherrill Edwina Shea, Esq.

• Who Really Cares About Human Rights, Civil Liberties, and the Rule of Law?
• Why Might the Members of this Audience Want to Protect Human Rights, Civil Liberties, and the Rule of Law?
• What Has Been and What is the State of Support for Human Rights, Civil Liberties, and the Rule of Law in New Brunswick and the Maritimes?
• What Gives me Standing to Speak to you About Human Rights, Civil Liberties, and the Rule of Law?

11:10 am

Navigating Cyberspace: The Evolving Canadian Law on Data Breaches and Cyberattacks
Ryan Burgoyne, Cox & Palmer, Fredericton

• What is a Cyber Attack
• Legislation and Protection of Personal Information
• Civil Liability for Data Breaches

11:25 am

Recent Trends in Insurance Litigation: Your Yearly Case Law Update
Meaghan McCaw, Stewart McKelvey, Fredericton

• Recent Trends in Insurance Litigation
• The Most Impactful Decisions of 2023 and 2024 and Their Importance to the Practice of Insurance Litigation in New Brunswick
• A Review of Relevant Canadian Cases for New Brunswick Practitioners

11:45 am

Developing an Appealing Personality (at the Supreme Court)
Eugene Meehan, K.C., Supreme Advocacy LLP, Ottawa

• You Just Lost at the Court of Appeal? Bummer.
• You Won, but the Other Side Wants to go to Ottawa? Bummer.
• Here's the: Practicalities; Pros and Cons (Yes, There are Both); Technical Requirements (Particularly Important).

12:00 pm

Lunch

1:00 pm

Limitation Periods Under the Insurance Act
Brenda J. Lutz, K.C., Canty Lutz Grant, Saint John

• Insurance Act-Limitation Periods You Don’t Want to Miss
• Check Out the Latest Caselaw on the SEF 44 Limitation Period
• What to Do When You Miss a Limitation Period
• Working With Your Professional Liability Insurer
• LTD Policies – Does the Limitation Period Roll or Toll
• Is There Relief for a Missed Limitation Period?
• Reasons Lawyers Miss Limitation Periods
• Challenges Faced in Defending Lawyers

1:20 pm

Notes from the Ground Floor: Building a Foundation for Mass Tort Litigation on the Shifting Sands of Class Actions
M. Steven Rastin, Gluckstein Personal Injury Lawyers, Toronto

• The Changing Landscape of PI and Resulting Lawyer Migration
• Legislative and Judicial Pushback to the Growth of Class Actions
• The Case for Mass Torts
• What a Canadian Mass Tort System Might Look Like

1:40 pm

What’s In a Name? Proper Personal Pronouns as a Legal and Professional Responsibility
Chris Pelkey, McInnes Cooper, Moncton

• All Lawyers Play an Important Role in Legal Workplaces and the Legal Community in Upholding Human Rights Through Pronoun and Name Use.
• Inappropriate Personal Pronouns and Naming is Discrimination, According to Recent Decisions from Three Human Rights Tribunals.
• Delve Into Legal and Professional Implications Relating to Chosen Pronouns and Names.
• Explore Standards and Best Practices for Fulfilling a Lawyer’s Obligations in Relation to Pronoun and Name Use

2:00 pm

Limitation of Actions Act – An Update
Romain J.F. Viel, Connors Stilwell, Fredericton

• The New Plausible Inference of Liability Test
• When a Claim is Continuous
• When an Assurance Not to Rely on a Limitation Period is Given by the Defendant
• A Review of Relevant 2024 Case Law

2:10 pm

Inferno Insights: Sparking Discussion About Fire Claims from the Plaintiff Perspective
Coralie Robert, MacGillivray Law, Moncton

• Re-Igniting Your Interest in the Basics of Fire Insurance
• A Fiery Look at the Statutory Conditions
• Navigating the Blaze of Material Change in Risk
• From Flames to Claims – A Review of the Latest Case Law on Fire Claims

2:25 pm

The Dreaded Uninsured /Unidentified Automobile Claim
Jade A. Spalding, Cox & Palmer, Fredericton

• Practical Tips for Navigating Section D and Uninsured Automobile Fund Claims

2:35 pm

Recipe For Injustice: The Doughy Details Behind The Wrongful Denial Of Long-Term Disability Benefits In Baker V. Blue Cross
Jordan T. Thompson, MacGillivray Law, Moncton

• A Review of Blue Cross’ Systematic and Deliberate Misconduct in the Handling of an LTD Claim
• Blue Cross’ Conduct that Justified Punitive Damages – Conduct we Frequently See in LTD Claims
• Shielding the Claims Handlers at Trial – Litigation Strategy That Operated to Blue Cross’ Detriment
• Blue Cross Picks Up the Tab: A Review of the Award of Substantial Indemnity Costs

2:50 pm

Health Break

3:05 pm

“For Those About to Claim We Exclude You” –  Automobile Policy Exclusions You Need to Know
Bruce D. Grant, K.C., Canty Lutz Grant, Saint John

• Consent
• Misrepresentation/Material Change in Risk
• Authorized by Law/Qualified to Drive
• Intoxication

3:25 pm

Snap, Post, Disclose: Navigating Social Media Disclosure Obligations in Personal Injury Claims
Mitchell L. H. Fraser, Canty Lutz Grant, Saint John
Travis Todhunter, Canty Lutz Grant, Saint John    

• Scope of Documentary Discovery in the Context of Text Messages and Social Media
• Is it Relevant, or is it a Fishing Expedition?
• Sorting it Out When Parties Cannot Agree

3:35 pm

The Ethics of Errors, Omissions, and Failure - The Building is About to Collapse… What Now?
Matthew T. Hayes, K.C., McInnes Cooper, Saint John

• Lawyers' Obligations in Advising Clients in Matters of Failures and Public Safety Issues in Construction, Product Liability and Insurance
• Exceptions to Confidentiality for Public Safety
• What is an Imminent Risk of Death or Serious Bodily Harm, or Substantial Risk of Financial Injury

3:55 pm

The Latest Issues in Insuring Sport
Kelly T. VanBuskirk, K.C., VanBuskirk Law, Saint John

• When Are Players Liable for Injuring Other Players and Who Pays?
• When Are Players and Coaches Liable for Injuring Spectators?
• Are Insurers on the Hook for Athlete Maltreatment Claims?

4:10 pm

Ten Tips to Help Plaintiff Lawyers Score
George A. McAllister, K.C., George A. McAllister, P.C., Fredericton

• Inviting Everyone to the Party
• Turfing Biased Defence Doctors
• Some thoughts About “Harm” and “Hurt”
• Musings About Rule 22

4:30 pm

End of Conference