Welcome and Land Acknowledgement
Julie K. Lamb, QC — Guild Yule LLP, Vancouver
Mark V.C. Virgin — Virgin Hickman, Vancouver
Divisible and Indivisible Injuries
Angus M. Gunn, QC — Eyford Partners LLP, Vancouver
Damages Arising Out of a Public Sector Policy Breach and Damages Arising Out of Human Rights Violations
Brendan Harvey — Yeager Employment Law, North Vancouver
Naomi Krueger — Alexander Holburn Beaudin + Lang LLP, Vancouver
BREAK
Defamation and Damage to Reputation
Speaker TBA
Restitution and Damages
Peter R. Senkpiel — Nathanson Schachter & Thompson LLP, Vancouver
LUNCH
BONUS FOR IN-PERSON ATTENDEES ONLY!
A Fireside Chat with The Honourable Mr. Justice Russell S. Brown — Supreme Court of Canada, Ottawa
Note: This Session will not be part of the course webcast and will not be recorded for the archive of this course. This is at the request of Justice Brown.
Breach of Privacy and Damages Flowing from a Breach
- breach of privacy class action trends
- statutory tort of invasion of privacy
- common law torts
- intrusion upon seclusion
- publication of private facts
J. Alexis Kerr — Norton Rose Fulbright Canada LLP, Vancouver
Punitive Damages
- historical perspective and modern expansion
- when punitive damages are available
- quantum of award—"rationally proportionate"
- punitive damages for tortious acts and breach of contract
- practical considerations
Guy P. Brown, QC — Harper Grey LLP, Vancouver
BREAK
Making Sense of Cause-in-Fact
Making sense of causation requires lawyers and judges to understand that different kinds of causal problems arise in civil litigation, most of which have their own solutions as described by the Supreme Court of Canada. The most common causal problem, factual uncertainty, arises where the evidence does not permit the trier of fact to know whether the plaintiff's injury was caused by the defendant's negligence, or by some other cause (such as a pre-existing condition). After stating different solutions to resolving that problem in Farrell v. Snell and Resurfice v. Hanke, the Supreme Court sought to settle the matter in Clements v. Clements and then again in Ediger v. Johnston, which decisions will be the focus of Justice Brown's remarks.
The Honourable Mr. Justice Russell S. Brown — Supreme Court of Canada, Ottawa
Closing Remarks
Julie K. Lamb, QC — Guild Yule LLP, Vancouver
Mark V.C. Virgin — Virgin Hickman, Vancouver