A scheduled replay of a past program, with the ability to submit questions.
Crown Liability
Program Chairs
Ewa Krajewska
Henein Hutchison Robitaille LLP
Michael Morris
Senior General Counsel, Department of Justice Canada
Christopher Wayland
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.
Can’t Make the Date? 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
Re-drawing boundaries of Crown Liability: statutory shields, policy immunity and the Constitution
Charter Remedies: Significance of SCC’s 2024 decision in AGC v. Power 2024 SCC 26
Significance of the fact that Crown’s liability for torts can only be vicarious
Quadrangle v Attorney General of Canada, 2025 ONSC 4526 and the scope of government policy immunity
Recent developments in Charter litigation: Update on how to apply s. 9 of the Federal CLPA at the certification stage (McQuade v. Canada, 2025 FCA 173)
Indigenous claims: the FPIC principle as articulated in UNDRIP
Significance of amendments to Ontario’s Rules of Civil Procedure
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 Morris
Senior General Counsel, Department of Justice Canada
Christopher Wayland
Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Instructors
Andrea Bolieiro
Counsel, Crown Law Office – Constitutional, Ministry of the Attorney General (Ontario)
Kisha Chatterjee
Senior Counsel, Ministry of the Attorney General, Crown Law Office – Civil
Joseph Cheng
Senior General Counsel, Department of Justice Canada
Mannu Chowdhury
Mannu Chowdhury Law
Jackie Esmonde
Cavalluzzo LLP
Brent McPherson
Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Krista Nerland
Olthuis Kleer Townshend LLP
Golnaz Nayerahmadi
Rochon Genova LLP
Victor J. Paolone
General Counsel, Department of Justice Canada
Bronwyn Roe
Program Director – Healthy communities, Ecojustice
Victor Ryan
Counsel, Government of Canada
Lisa Thiele
Senior Advisor, Canadian Nuclear Safety Commission
Past Delegate
2025
“The presenters were extremely knowledgeable and the course content was very relevant to my practice.”
To open the day we will get an overview of recent legal highlights and developments in the area of Crown Liability.
Mannu Chowdhury, Mannu Chowdhury Law
This session explores how governments are reshaping the limits of crown Liability through statutory immunities. Panelists will examine key recent cases and emerging trends that define how far legislatures can go:
Ontario Place Protectors v. Ontario, 2025 ONCA 183 and other recent cases on the ambit of s. 96 of the Constitution Act, 1867;
Quadrangle v Attorney General of Canada, 2025 ONSC 4526 and the scope of government policy immunity;
Significance of the fact that Crown’s liability for torts can only be vicarious;
Significance of amendments to Ontario’s Rules of Civil Procedure
NOTE: A 15-minute break will be taken during this session
Christopher Wayland, Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Jackie Esmonde, Cavalluzzo LLP Victor J. Paolone, General Counsel, Department of Justice Canada
Lunch Break (12:00 p.m. ET – 1:00 p.m. ET)
This panel will consider recent developments in class actions against the Crown. The panelists will focus on the application of core policy immunity and s. 11(4) of Ontario’s Crown Liability and Proceedings Act in cases alleging delay or a failure to make policy decisions; the certification of national class actions, including overlapping class actions, involving Quebec residents; whether s. 9 of the Federal Crown Liability and Proceedings Act bars tort class actions against the Crown where class members may be entitled to a pension or other compensation for the same conduct that gives rise to the class action; and unique challenges arising at the discovery stage where the Crown is the sole named defendant. Key cases include: G.G. v. Ontario, 2025 ONSC 3011; Cardinal v Alberta, 2025 ABKB 270;Palmer v. Attorney General of Canada, 2026 ONSC 927; McQuade v. Canada (Attorney General), 2025 FCA 173.
Victor Ryan, Counsel, Government of Canada
Brent McPherson, Counsel, Crown Law Office – Civil, Ministry of the Attorney General (Ontario)
Golnaz Neyerahmadi, Rochon Genova LLP
This panel will discuss recent developments in Charter litigation. The focus will be on the renewed interest and distinction in the jurisprudence between “positive and negative” rights in the interpretation of section 7 of the Charter.
The panel will discuss recent decisions of the Court of Appeal for Ontario on the constitutionality of legislation ordering the removal of bike lanes, challenges to municipal by-laws on encampments, and the regulation of safe-injection sites.
Andrea Bolieiro, Counsel, Crown Law Office – Constitutional, Ministry of the Attorney General (Ontario) Joseph Cheng, Senior General Counsel, Department of Justice Canada
Bronwyn Roe, Program Director – Healthy Communities, Ecojustice
Wellness Break (3:00 p.m. ET – 3:15 p.m. ET)
This panel will discuss recent developments in judicial consideration of crown liability as it applies to Indigenous Persons. This year’s focus will be on the status of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canadian law, how UNDRIP’s protection of Free, Prior and Informed Consent interacts with the duty to consult, how we may see UNDRIP shaping doctrines under s. 35 of the Constitution Act going forward, and what this means for Indigenous nations, Crown decision-makers and administrative bodies. Key cases will include Kebaowek First Nation v. Canadian Nuclear Laboratories, 2025 FC 319; Gitxaala v. British Columbia, 2025 BCCA 430 and R v Montour, 2023 QCCS 4154.
Kisha Chatterjee, Senior Counsel, Ministry of the Attorney General, Crown Law Office – Civil
Lisa Thiele, Senior Advisor, Canadian Nuclear Safety Commission
Krista Nerland, OKT LLP
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
Time
May 20, 2026 9:00 a.m – 4:30 p.m (ET)
Payment Deadlines
Payment is required in full up to 21 days prior to the start of the program, or immediately upon purchase if less than 21 days.
Substitution and Cancellation
Substitution of registrants is permitted at any time prior to the start date of the program. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 14 days prior to the start of the program. If a cancellation request is made with less than 14 but more than 3 days’ notice, an administrative fee equal to 20% of the program cost, to a maximum of $250 will apply per person. No refund will be issued for cancellations received within 3 days of the program start date. Payment is required to receive access to the program.
We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
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:
“Excellent program for those who practice internal to government.”
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
Are you a law graduate or an executive/senior professional with at least 5 years of specialized experience? Consider a full-time or part-time LLM degree.
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Unfortunately, no. Effective for all 2019 filings and subsequent years moving forward, the Canada Revenue Agency (CRA) has replaced T2202A’s with the T2202. Under the new CRA definition and criteria, our CLE short courses and certificate programs do not meet the definition of ‘qualifying educational program’. For this reason, we are unable to issue you a T2202. For more information, please visit the CRA site.
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Yes. We do offer group rates on our programs. Please visit our group rate page for more information. Some exceptions apply, and rates are subject to change.
In Person: Attendance for the program will take place at Osgoode Professional Development (1 Dundas Street West, Suite 2602, Toronto, ON M5G 1Z3) unless otherwise specified. Program Materials will be printed and available for pick up upon arrival.
Live Webcast: Designed for busy schedules, attend an online, live webcast using state-of-the-art video-conferencing. Attendance is via live stream with an opportunity to submit questions to the speakers throughout the program. Registration includes downloadable Program Materials and 120-day access to the program archive.
Online Replay: Watch a pre-recorded webcast, which includes a live Q&A with an instructor. Registration includes 120-day access to the program archive.
Program on Demand: Watch a pre-recorded session online, from the comfort of your home or office. Get unlimited access with our online subscription. Registration includes downloadable Program Materials and 120-day access to the program archive.
Unless a program is sold out or otherwise noted, registration closes at 12:00PM (noon) ET the business day before the scheduled program date.
Registration for webinars closes at 10:00 AM ET the morning of the session, unless sold out.
Client and Technical Support
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