CLE Online

Introduction

Professor Joost Blom, QC — Faculty of Law at Allard Hall, University of BC, Vancouver

Suing Negligent Public Regulators: Recent Developments

• making it more difficult—R. v. Imperial Tobacco
• a glimmer of hope?—Taylor v. Canada

Professor Lewis Klar, QC — Faculty of Law, University of Alberta, Edmonton

“Five Easy Pieces”: Fundamentals of Factual Causation

• evidence requirements—the standard of proof
• how and when to use "but for"
• how and when to use material contribution
• what if neither applies?
• what is next?

David Cheifetz — Barrister & Solicitor, Vancouver

Networking Break

Economic Torts

• inducing breach of contract
• unlawful interference with contractual relations
• civil conspiracy

Craig A.B. Ferris — Lawson Lundell LLP, Vancouver

The Tort of Negligent Investigation since "Hill v. Hamilton Wentworth Regional Police Services Board" (SCC)

• does the law relating to police investigations extend to investigations by regulatory agencies?
• will the tort of negligent investigation help right wrongful convictions?
• tips on constructing a standard of care case in a negligent investigation action

Howard A. Mickelson, QC — Gudmundseth Mickelson LLP, Vancouver

Civil Actions for Breach of Privacy in BC and Elsewhere

• the statutory tort under BC's Privacy Act
• the common law action identified by the Ontario Court of Appeal in Jones v. Tsige
• the developing English tort
• is an expansion of BC's statutory tort likely?

Geoffrey B. Gomery, QC — Nathanson, Schachter & Thompson LLP, Vancouver

Lunch (on your own)

Missing Women Commission of Inquiry: Potential Issues in Tort

• why tort law?; the function/purpose of the tort response in this context
• negligence (public authority liability)
• misfeasance in a public office

Professor Margaret Isabel Hall — Faculty of Law, Thompson Rivers University, Kamloops

Fiduciary Duties and Public Authorities Two Years after "Alberta v. Elder Advocates": Where Are We Now?

• what effect did Alberta v. Elder Advocates have on fiduciary duty law?
• has Alberta v. Elder Advocates "chilled" the recognition of fiduciary duties on the part of public or statutory authorities?
• what should practitioners consider when advancing or resisting a fiduciary duty claim involving a public authority?

Brent R.H. Johnston — Hunter Litigation Chambers , Vancouver

Contribution and Indemnity

• overview of statutory and common law principles
• import of Strata Plan LMS 1751 v. Scott Management Ltd, and potential impact of the new Limitation Act 
• analyzing third party exposure for contribution

James C. MacInnis — Nathanson, Schachter & Thompson LLP, Vancouver

Networking Break

The Place of the Tort in Electronic Communications

• applicable common law and legislative framework (BC/Canada)
• recent cases
• practice considerations

Elizabeth (Betsy) Segal — Singleton Urquhart LLP, Vancouver

Contracting Out of Tort Liability

• the ostensible death of “fundamental breach” in the SCC’s 2008 Tercon decision
• grounds on which a waiver or limitation clause may be ineffective even if, on its face, it covers the liability
• excluding or limiting liability for personal injury or negligent misstatement

Professor Joost Blom, QC — Faculty of Law at Allard Hall, University of BC, Vancouver

Concluding Remarks

Professor Joost Blom, QC — Faculty of Law at Allard Hall, University of BC, Vancouver