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National Administrative Law and Labour/Employment Law CLE Conference Surviving in a Sea of Change: New Solutions for Recurring Problems

Presented by the National Administrative The premier CLE event returns for lawyers in administrative law or labour Law Section, the Labour and Employment and employment law! Get up-to-date on recent developments, and learn Law Section, and the Continuing Legal Education Committee new tips that you can immediately incorporate into your practice from some of the biggest names in these areas of the law. November 18-19, 2005 Westin Hotel Ottawa, Speakers include leading authors and practitioners such as David Phillip Jones, Q.C., Prof. David Mullan and Guy Du Pont.

Also hear prominent judges and decision-makers, including Mr Justice of the , Chief Justice John Richard of the of Appeal, and a panel of 3 labour board chairs.

SPONSOR

CONFERENCE ORGANIZERS Susan Trylinski Robert Dawson Charles G. Harrison Pierre Moreau

This program has been accredited by the Labour Law Specialty Committee of the Law Society of Upper Canada for 10 hours towards the professional development requirement for certification. 3849_eng_00.qxd 7/29/2005 8:00 AM Page 2

Program Agenda

FRIDAY, NOVEMBER 18TH, 2005

8:00 – 8:45 REGISTRATION

8:45 – 9:00 WELCOME • Susan Trylinski (Chair, CBA Administrative Law Section) • Malcolm Boyle (Chair, CBA Labour and Employment Law Section)

9:00 - 10:15 PLENARY SESSION RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW AND LABOUR LAW Speakers: • David Phillip Jones, Q.C. (de Villars Jones, Edmonton; co-author of Principles of Administrative Law) • Guylaine Vallée (Université de Montréal École de relations industrielles, Montreal; co-author of “Un droit du travail?”) • Moderator: Malcolm Boyle (Chair, CBA Labour and Employment Law Section)

10:15 - 10:30 REFRESHMENT BREAK

CONCURRENT SESSIONS

10:30 - 12:00 ADMINISTRATIVE LAW HANDS-ON ADMINISTRATIVE LAW: PRACTICAL TIPS AND GUIDANCE Speakers: • Thomas E.F. Brady (Heenan Blaikie LLP, Montreal), Light Imperceptible to Ordinary Mortals: Expertise and Judicial Review • Veronica L. Jackson (Gange Goodman & French, Winnipeg), War of the Worlds: Natural Justice and Academic Independence • John Mark Keyes (Department of Justice (Canada), Ottawa, and author of Executive Legislation), Judicial Review of Legislative Interpretation: Who Gets the Last Word? • Moderator: Nancy E. Forbes (Secretary, CBA Administrative Law Section)

10:30 - 12:00 LABOUR AND EMPLOYMENT LAW SEVEN HABITS OF HIGHLY EFFECTIVE LABOUR BOARDS Speakers: • Brent Mullin (Chair, British Columbia Labour Relations Board) • Kevin Whitaker (Chair, Ontario Labour Relations Board) • Andrée St-Georges (Chair, Quebec Labour Relations Board) Moderator: Pierre Moreau (Treasurer, CBA Labour and Employment Law Section)

12:00 - 2:15 LUNCHEON AND KEYNOTE ADDRESS ANYTHING BUT STANDARDS OF REVIEW Speaker: Mr Justice W. Ian C. Binnie (Supreme Court of Canada) Introduction: Charles G. Harrison (Past Chair, CBA Labour and Employment Law Section)

2:15 - 3:00 PLENARY SESSION A DELICATE BALANCING ACT IN ROYAL OAK: LESSONS FROM THE GIANT MINE DISASTER CIVIL TRIAL Speaker: J. Phillip Warner, Q.C. (Bishop & McKenzie LLP, Edmonton) Introduction: Paul N.K. Smith (Lawson Lundell LLP, Yellowknife)

3:00 - 3:15 REFRESHMENT BREAK 3849_eng_00.qxd 7/29/2005 8:00 AM Page 3

CONCURRENT SESSIONS

3:15 - 4:30 ADMINISTRATIVE LAW STEP-BY-STEP: PRACTICE BEFORE ADMINISTRATIVE TRIBUNALS AND BEYOND Speakers: • David J. Corry (Gowling Lafleur Henderson LLP, Calgary), Persuasive and Effective Pleadings • Lorne Sossin (University of Toronto Faculty of Law, Toronto, and author of Boundaries of Judicial Review), Jurisdiction: Drawing a Line in the Sand or Skating on Thin Ice? • Andrew M. Pinto (Ebert Symes Street Pinto & Jull, Toronto) Hide and Seek for Grown Ups: Disclosure in Administrative Proceedings Moderator: Michèle Hurteau (Member-at-large, CBA Administrative Law Section)

3:15 - 4:30 LABOUR AND EMPLOYMENT LAW WALLACE AND BEYOND: EMPLOYMENT LAW REMEDIES UPDATE Speakers: • Gavin Hume, Q.C. (Fasken Martineau DuMoulin LLP, Vancouver) • Guy Lavoie (Fraser Milner Casgrain LLP, Montreal) • Mr Justice Randall Echlin (Ontario Superior Court of Justice) Moderator: Ian C. Wallace (Stewart McKelvey Stirling Scales, St John’s)

4:30 - 6:00 RECEPTION

SATURDAY, NOVEMBER 19th, 2005

8:30 - 9:10 REGISTRATION

9:10 - 10:15 PLENARY SESSION LESSONS FROM 40 YEARS OF ENGAGEMENT: ADMINISTRATIVE LAW – THEN AND NOW Speaker: David Mullan (Professor Emeritus, Faculty of Law, Queen’s University, and author of Administrative Law) Introduction: Robert Dawson (Vice-Chair, CBA Administrative Law Section)

10:15 - 10:30 REFRESHMENT BREAK

10:30 – 12:00 A FORUM OF JURISTS Panelists: • Mr Justice Thomas Cromwell (Nova Scotia Court of Appeal) • Mr Justice Harvey Groberman (British Columbia Supreme Court) • Madam Justice Andrea Moen (Alberta Court of Queen’s Bench) • Chief Justice John D. Richard () Moderator: Guy Du Pont (Davies Ward Phillips & Vineberg, Montreal)

CLOSING REMARKS Speakers: Karen Munro (Past Chair, CBA Administrative Law Section) Charles G. Harrison (Past Chair, CBA Labour and Employment Law Section)

Speakers are confirmed, but may change due to unforeseen circumstances 3849_eng_00.qxd 7/29/2005 8:00 AM Page 4

Registration Form

ACCOMMODATION 2005 NATIONAL ADMINISTRATIVE LAW AND The Westin Hotel LABOUR/EMPLOYMENT LAW CLE CONFERENCE 11 Colonel By Dr., Ottawa, ON, K1N 9H4 Tel.: (613) 560-7000 Website: www.westin.com FEE GST TOTAL

HOTEL RESERVATION Please contact the hotel directly and refer to the CBA National  Administrative and Labour/Employment Law Conference to CBA Members $545.00 $38.15 $583.15 obtain the preferred rate.  Students (CBA Members) $275.00 $19.25 $294.25 TRAVEL Air Canada is the official carrier for all our CBA meetings. For  Non-Members $695.00 $48.65 $743.65 travel assistance, please call the CBA’s travel agent, Algonquin Travel at 1-866-216-1251 or Air Canada at 1-800-361-7585, and quote CBA Account # CV053441. By ensuring that this Special CBA Account Number appears on your ticket,  Yes, I will be attending the Friday evening Welcome reception regardless of the fare purchased, you will help support your organization financially, and we thank you.  I am interested in purchasing only the course materials. Please allow 6 to 8 weeks after the conference for delivery. CAR RENTAL AVIS, the official rental car supplier of the CBA, offers several special rates. Call 1-800-331-1600 or visit www.avis.com to reserve your car. Rates include unlimited free kilometers but CBA Membership No. do not include taxes, insurance and refueling charges. You must quote discount number C136498.  Mr.  Ms. TO REGISTER BY MAIL: Send cheque or money order made payable to the Surname Given Names Canadian Bar Association or pay by credit card (Visa or MasterCard) together with this registration form to: Ann Suurland, CLE Program Coordinator, Firm or Organization Canadian Bar Association 865 Carling Avenue, Suite 500 Ottawa, Ontario, K1S 5S8 or Address BY FAX: (613) 237-0185. City Province Postal Code PAYMENT MUST BE RECEIVED PRIOR TO THE ACTUAL CONFERENCE AND WITH A COMPLETED REGISTRATION FORM Office Phone No. Fax No.

REFUND POLICY: Email There will be a 20% administrative charge on any cancellations received by the CBA National Office up to and including October 21, 2005. There will be no refunds for “no Please indicate special needs (dietary, wheelchair access, etc.) shows”. Method of Payment (payment due with registration application) INFORMATION Cheque  Visa  Mastercard  For further information about this programme, please contact Ann Suurland at the CBA National Office by telephone at 613-237-2925 or 1-800-267-8860 or by Card No. Expiry Date e-mail [email protected].

We encourage limited use of scented product during Authorized Signature the conference in consideration of scent-sensitive participants. Thank you.

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www.cba.org/CBA/CLE By checking this box  I do not wish my contact information disclosed to the preferred suppliers, sponsors and exhibitors of this program. I understand my name will not appear on the delegates list.