Senior General Counsel, National Litigation Sector, Department of Justice (Canada)
Paul Sheridan
Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Do you know what’s happening with Crown Liability in Canada?
Get up-to-date in the latest on Crown liability and be ready to meet the challenges. Equip yourself with litigation best practices and what you need to know on the current nature and scope of liability.
Whether you are a government or private practice lawyer, you need to be fully cognizant of legal issues unique to Crown liability. This acclaimed conference brings Federal and Provincial Crown counsel, private-bar lawyers, and academics together to analyze recent legislative, judicial, and regulatory developments and their day-to-day implications, in this fast-moving and high stakes area.
Registration includes 120-day unlimited, online access to the recorded program.
What You’ll Learn
Covering the latest developments and key issues surrounding Crown liability, including:
Recent important cases involving or with implications for Crown liability
Update on Crown liability in negligence
Issues to consider when pursuing Crown liability as a class
Charter remedies
Claims brought by Indigenous communities and claimants
Crown malfeasance and the limits of Crown immunity
Who Should Attend
Lawyers acting for the Federal or Provincial Crowns and affiliated crown corporations and agencies
Private-bar lawyers acting in suits involving potential Crown liability
Litigation law clerks/paralegals
Faculty
Program Chairs
Ewa Krajewska
Henein Hutchison Robitaille LLP
Michael H. Morris
Senior General Counsel, National Litigation Sector, Department of Justice (Canada)
Paul Sheridan
Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Instructors
Ravi Amarnath
Counsel, Constitutional Law Branch, Ministry of the Attorney General (Ontario)
Lisa Brost
Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Mannu Chowdhury
Paliare Roland LLP
Manizeh Fancy
Senior Counsel, Crown Law Office – Civil, Ministry of the Attorney General
Paul Fruitman
Lax O’Sullivan Lisus Gottlieb LLP
Sonal Gandhi
Senior Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Lex Gill
Trudel Johnston & Lespérance
Sven Hombach
Partner, Fillmore Riley LLP (Manitoba)
Catharine Moore
Senior General Counsel, Department of Justice Canada
Jean-Noël Murphy
Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Golnaz Nayerahmadi
Rochon Genova LLP
Jessica Orkin
Goldblatt Partners LLP
Paul Shenher
Senior General Counsel, Department of Justice Canada
Sharlene Telles-Langdon
Senior General Counsel, Department of Justice Canada
2023 Delegate
“The presenters are very knowledgeable, the program was interesting and useful, with a lot of current commentary and opinions re: recent case law development. ”
Agenda
Chairs’ Welcome & Introductory Remarks
Mannu Chowdhury
Paliare Roland LLP
To open the day we will get an overview of recent legal highlights and developments in the area of Crown Liability.
Lisa Brost
Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Sonal Gandhi
Senior Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Catharine Moore
Senior General Counsel, Justice Canada
Golnaz Nayerahmadi
Rochon Genova LLP
This panel will consider recent case law concerning class proceedings against the Crown and Crown liability in negligence and the following issues, among others:
How have courts interpreted Ontario’s new requirements for certification under the Class Proceedings Act, 1992?
In what circumstances will a court certify a claim for breach of fiduciary duty against the Crown?
What are the limits of the Crown’s vicarious liability in tort? Can a plaintiff in a class proceeding claim that the Crown is liable in negligence based on the alleged systemic negligence of unidentified government officials?
NOTE: A 15‑minute break will be taken during this session
12:00 p.m. Lunch
Ravi Amarnath
Counsel, Constitutional Law Branch, Ministry of the Attorney General (Ontario)
Lex Gill
Trudel Johnston & Lespérance
Sharlene Telles‑Langdon
Senior General Counsel, Department of Justice Canada
Hear about the latest developments and consideration governing the availability of Charter remedies for unconstitutional legislative action, including the SCC’s latest consideration in AGC v. Joseph Power (SCC, 40241).
Panelists will explore these questions and more:
Should governments continue to enjoy full or qualified immunity against claims for damages flowing from the passage of unconstitutional laws?
Is it time to revisit or clarify the “qualified” immunity set out by the Supreme Court of Canada in Mackin v. New Brunswick (Minister of Finance); 2002 SCC 13?
How do we balance claimants’ entitlement to remedies for unconstitutional action against Parliamentary privilege or supremacy and separation of powers?
Manizeh Fancy
Senior Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Jessica Orkin
Goldblatt Partners LLP
Paul Shenher Senior General Counsel, Department of Justice Canada
The past year has seen significant developments in claims brought by Indigenous communities against the Crown. A key focus has been on allegations of underfunding in respect of vital health, social and community services.
This year will see important appeals being heard considering:
Underfunding of (and discrimination in respect of the provision of) child and family services, as well as police services, including the pending appeal at the Supreme Court in A.G. Québec v. Pekuakamiulnuatsh Takuhikan (SCC 40619)
The Supreme Court’s recent decision in the Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 affirming Parliament’s power to pass measures seeking to foster culturally appropriate services reducing over-representation of Indigenous children in provincial child welfare systems
Other key challenges and appeals
Jean-Noël Murphy
Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Paul Fruitman
Lax O’Sullivan Lisus Gottlieb LLP
Sven Hombach
Partner, Fillmore Riley LLP (Manitoba)
Suppose the Crown wants to make a decision on an important issue but litigation appears likely. To what extent can the Crown use legislation to insulate its decision from civil liability claims and/or judicial review? Panelists will consider the various ways governments have sought to do this, and whether they have been effective, including:
Comprehensive civil immunity provisions (as seen in Ontario in recent amendments to the Greenbelt Act, 2005)
Legislation that retroactively authorizes decisions or terminates existing contractual arrangements by legislation
Privative clauses, limited rights of appeal, and legislated standards of review
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
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All online; combination of live and asynchronous learning.
5 Modules
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