Originally held on Friday, February 18, 2011, the archived conference is now available for purchase either as a video stream with downloadable link to materials; or on CD-Rom (audio archive with program materials).

The Crown continues to find itself a steady target of litigation, while new law in such areas as constitutional damages potentially increases its vulnerability. Both plaintiffs’ and Crown counsel need to meet the challenges posed by this shifting legal landscape – challenges that encompass the nature and scope of liability, the procedures and best practices involved in suing or defending the Federal or provincial governments, and the far-reaching consequences for government planners, private parties and the public interest.

As a government lawyer, private practitioner or in-house litigation counsel, you need the insights and tools which an expert faculty will place before you in this seventh annual program from Osgoode Professional Development. Featuring stellar expertise from senior Federal and provincial government lawyers, the private bar and academia, this program will guide you through the latest developments – and help you over the gravest pitfalls – in civil litigation involving public authorities. It has established a reputation as an outstanding guide to the relevant substantive law, procedural rules and winning strategies and tactics for suing or defending the government. Don’t miss this opportunity to hear the experts and to pose your most pressing questions to them!

This timely one-day update will give you the latest information and valuable insights into important new law and practice developments, including:

• The impact of the SCC’s Fullowka decision on the scope of public authorities’ potential liability
• How the Telezone group of cases will affect Federal Court jurisdiction and when judicial review is required
• The availability of damages for violation of Charter rights post-Ward – and the fourfold test
  for determining what’s “appropriate and just”
• The Crown’s recourse to defamation actions as a means of protecting the administration of justice
• The current extent of Crown privilege and the challenges involved in obtaining or resisting disclosure of information in the Crown’s possession
• Electronic evidence, e-discovery and the Crown
• What the Carrier Sekani decision means for the extent of the government’s responsibility to consult aboriginal communities
• The Kuwaiti Airlines case, state immunity and suing foreign governments in Canada
• Recent law in relation to liability arising from procurement and tendering
• The current state of costs in Crown litigation (including but not limited to advance costs)
  

Chairs
Joseph K. Cheng, Counsel, Department of Justice Canada
Andrew Lokan, Paliare Roland Rosenberg Rothstein LLP
Malliha Wilson, Assistant Deputy Attorney General, Legal Services Division
Ministry of the Attorney General (Ontario) 

OPD Program Lawyer

Paul Truster

pstruster@osgoode.yorku.ca