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2018 CACE Conference Program

For a printable PDF copy of the program, please click here.

Thursday, September 13, 2018 

10:30 am – 5:00 pm  -  Conference Registration – Coat Check Foyer

10:30 am – 12:30 pm  - Board of Directors Meeting  – Tupper Room

12:40 pm – 1:00 pm  -  Welcome – Sir John A MacDonald Coles Room

1:00 pm – 2:10 pm  - OHS Session: Sentencing and Penalties in OHS Matters - Sir John A MacDonald Coles Room

Chair: Anne-Marie Naccarto, Goldcorp, Toronto, ON
Madeleine Loewenberg, Loewenberg Psarris Workplace Law, Toronto, ON
David Eaton, Q.C., McInnes Cooper, St. John’s, NL
Gavin Marshall, Roper Greyell LLP, Vancouver, BC

Penalties in OHS matters continue to escalate. Organized labour and worker advocacy groups continue to advocate for jail sentences while governments are expanding the enforcement powers available.  This includes increasing the financial penalties that can be imposed on individuals and corporations convicted of OHS offences or issued administrative penalties by regulatory officials. The intent of this panel will be to identify issues and trends regarding sentencing and penalties imposed for OHS contraventions and to discuss strategies that can be employed to best protect and advance employer interests.  It is anticipated that this panel will explore issues relating to:

  • Case law and recent decisions on when a jail sentence for an OHS offence
    is appropriate;
  • Use of Victim Impact Statements (including how to assess their propriety);
  • Sentencing hearings versus joint submissions;
  • “Creative” sentences, their use, and how to get them (where available);
  • Other penalties such as stop operations orders and injunctions;
  • Sentencing in cases where there has been no accident or injury; and
  • Strategic considerations in challenging administrative monetary penalties.

2:10 pm – 3:20 pm  - Employment Contracts Re-Cast - Sir John A MacDonald Coles Room

Chair: Chris Andree, Gowling WLG, Waterloo, ON
Birch Miller, Blake, Cassels & Graydon LLP, Calgary, AB
Lisa Goodfellow, Miller Thomson LLP, Toronto, ON
Mark Tector, Stewart McKelvey, Halifax, NS

  • Express Termination Clauses and Statutory Minimums:  Avoiding the Pitfalls
  • The Buck Stops Here:  How to Limit Bonus and Incentive Compensation on Termination
  • Certified Fresh: Consideration and Other Issues Relating to Modifying Employment Agreements with Current Employees

3:20 pm – 3:40 pm  -  Break Sir John A MacDonald Coles Room Foyer

3:40 pm – 4:50 pm  - Privacy Session – Global Implications of Privacy in a Digital Age - Sir John A MacDonald Coles Room

Chair: Nicole Skuggedal, Lawson Lundell LLP, Vancouver, BC
Vicki Giles, McLennan Ross LLP, Edmonton, AB
Rachelle Henderson, Air Canada, Montreal, QC
Julia Barss, Head of Legal Services and General Counsel at the OPC, Gatineau, QC

News reports of significant privacy breaches are now commonplace. The implications for employers are considerable as highly confidential and sensitive personal information of employees is often stored electronically and transcends borders. This session will provide you with the tools and best practices to utilize when responding to privacy breaches.  In particular, we will explore the legal obligations to report privacy breaches; discuss ways to mitigate the potential liability arising from privacy breaches including the rise of in privacy breach class action litigation; and equip you to respond to clients following a privacy breach. In addition, the Panel will discuss the international implications of the new EU General Data Protection Regulation and privacy breach reporting in the EU.

4:50 pm – 5:30 pm -  Annual General Meeting (all members welcome) - Sir John A MacDonald Coles Room

5:45 pm – 6:30 pm  -  Corporate Counsel Only - Private Networking Reception – Archibald Campbell Cartier Lange

6:30 pm – 8:30 pm  -  “Meet & Greet” Reception - All Welcome – cocktails and hors d'oeuvres (dinner on own) - Archibald Campbell Cartier Lange

Friday, September 14, 2018

7:30 am – 8:30 am  -  Continental Breakfast and Registration - Sir John A MacDonald Coles Room Foyer

8:30 am – 10:15 am  - Workplace Update Sir John A MacDonald Coles Room

Chair: Kevin Wilson, Q.C., MLT Aikins LLP, Saskatoon, SK
Andrea Zwack, Gall, Legge, Grant Zwack LLP, Vancouver, BC
Tom Ross, McLennan Ross LLP, Calgary, AB
Robin Kersey, Thompson Dorfman Sweatman LLP, Winnipeg, MB
Casey Dockendorff, Filion Wakley Thorup Angeletti LLP, London, ON
Stephane Gaudet, Loranger Marcoux, Montreal, QC
Steve Carpenter, Stewart McKelvey, Charlottetown, PE
Bill Hlibchuk, Norton Rose Fulbright Canada LLP, Montreal, QC

A mainstay of the annual conference, presenters drawn from across the country will highlight leading edge cases and late-breaking legal developments in labour and employment and human rights law from their jurisdictions, in a lively, interactive format. The panel offers colleagues the opportunity to compare experiences in other jurisdictions and identify emerging legal trends impacting employers everywhere.

10:15 am – 10:35 am  -  Break - Sir John A MacDonald Coles Room Foyer

10:35 am – 11:35 am  -  Human Rights Session - The Employer Response Sexual Harassment in the Era of #MeToo and #TimesUp - Sir John A MacDonald Coles Room

Chair: Tara Erskine, Q.C., Mathews, Dinsdale & Clark LLP, Halifax, NS
Linda Facchin, CBC Radio Canada, Montreal, QC
Janice Rubin, Rubin Thomlinson LLP, Toronto, ON
Taryn Mackie, Norton Rose Fulbright Canada LLP, Vancouver, BC

The panel discussion will focus on best practices for managing risks associated with sexual harassment in the workplace in the #MeToo and #TimesUp era. The panel will discuss:

  • recent developments including granting of intervenor status to a sexual harassment victim in a wrongful dismissal claim:  Render v. ThyssenKrupp Elevator, 2018 ONSC 3182
  • increasing damage awards:  O.P.T. v. Presteve Foods Ltd., 2015 HRTO 675 (CanLII)
  • legislative developments: Bill C-65, Canada Labour Code
  • class actions: including RCMP, Canadian Armed Forces, and West Jet 
  • investigation tips and pitfalls, including how to handle investigations involving executives, maintaining confidentiality, dealing with reluctant complainants and historical complaints, use of non-disclosure agreements
  • litigating cases in the court of public opinion
  • trends from UK and US

11:35 am – 12:30 pm  -  Fitness for Work - Sir John A MacDonald Coles Room

Chair: Veronica Kenny, UPS Canada Ltd., Mississauga, ON
David Wong, Fasken Martineu DuMoulin LLP, Vancouver, BC
Jessica Bungay, Cox & Palmer, Fredericton, NB
Chris MacDonald, Director, Government Relations,  Rothesay, NB

Employers continue to seek advice on employees returning to work after, oftentimes, lengthy leaves from the worksite.  The panel will provide direction on the rights of employers to determine if an employee is fit to return to the worksite, accommodation requests made in the context of LTD expirations (“any work” denials), and other return to work considerations.  The panel will also discuss attendance management issues and managing employees with persistent health related absenteeism.  Age considerations will be examined and discussed in the context of Human Rights, ability to perform the functions of the positon and the graying workforce.  The panel will also touch on impairment at work in relation to prescription medication (opiates and medical marijuana). 

12:30 pm – 2:30 pm  -  Lunch Palmer Pope Room

2:30 pm – 3:30 pm  -  Winning Strategies for Integration of Immigrant Workers - Sir John A MacDonald Coles Room

Chair: Gregory Anthony, Cox & Palmer, St. John’s, NL
Caroline Phan, Bombardier, Montreal, QC
ReisPagtakhan, Mlt Aikins LLP, Winnipeg, MB
Nicholas Joubert, Lavery de Billy LLP, Montreal, QC

Many employers are seeking either (a) skilled labour or (b) temporary foreign workers to fill ongoing, persistent unskilled vacancies.  The panel will focus on employment related issues involving immigrant workers.  The panel will discuss best practices in connection to immigrant workers including integrating immigrant workers into the workforce, reconciling cultural practices and successful diversity and inclusion strategies.   Consideration about termination of employees on closed work permits and the impact on potential claims for wrongful dismissal. 

3:30 pm – 3:50 pm  -  Break - Sir John A MacDonald Coles Room Foyer

3:50 pm – 5:00 pm  -  From Academia to Reality: International Business and IOL Conventions - Sir John A MacDonald Coles Room

Chair: Danny Kaufer, Borden Ladner Gervais LLP, Montreal, QC
Chris Pigott, Fasken Martineu DuMoulin LLP, Toronto, ON
Paul Callaghan, Taylor Wessing, London, UK

The panel of experienced speakers in the international L&E field will address the impacts and and implications of many different international concepts and their application to businesses operating in Canada. This will include a new key initiative on business and human rights, International Framework Agreements (IFAs), industry and multi stake holder Codes of Conduct, Free Trade Agreements (FTAs), the recent federal government initiatives and its creation of a specific group for this initiative (CORA) and the emergence of neutrals to listen to and to determine alleged violations of some of the instruments mentioned above. 

6:30- 7:30 pm  - Reception - Archibald Campbell Cartier Lange

7:45 pm  - Dinner - Gray Palmer Pope Room

Saturday, September 15, 2018 

8:00 am – 9:00 am  -  Breakfast - Palmer Pope Room

9:00 am – 10:15 am  -  Ethics Session - Coping with the Challenges of Practice, Mental Health, and Addictions - Sir John A MacDonald Coles Room

Chair: Martin Thompson, McMillian LLP, Ottawa, ON
Andrew McCreary, Hicks Morley Hamilton Stewart Storie LLP, Toronto, ON
Dr. Raj  Bhatla, Royal Ottawa Health Care Group, Ottawa, ON     

This panel will delve into the issue of the challenges of practice, mental health and/or addictions. The panel will speak to the potential stigma associated with counsel disclosing mental health related issues.  A medical expert will also speak to addictions and mental health amongst professionals. 

10:15 am – 10:35 am  - Break - Sir John A MacDonald Coles Room Foyer

10:35 am – 11:50 am  - Innovations in Labour and Employment - Sir John A MacDonald Coles Room

Chair: Jamie Knight, Filion Wakley Thorup Angeletti LLP, Hamilton, ON
Peter Susser, Littler LLP, Washington, DC
Mark Crestohl, Accenture Inc., Toronto, ON 

Nizam Hasham, Canadian Pacific Railway Company, Toronto, ON

It is a brave new world, and sometimes a strange one.  Technological innovations are changing the way in which employers and their counsel address traditional and emerging workplace issues. The panel will examine new and innovative processes and technologies, including the rapidly evolving challenges and opportunities presented by AI (artificial intelligence).  The future is arriving quickly – embrace it or be buried by it.

11:50 am – 12:00 pm  -  Closing Remarks - Sir John A MacDonald Coles Room

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