Developments in Public Authority Liability; Social Media & Defamation in the Internet Age; Entitlement to Bonuses | CPDonline.ca

Developments in Public Authority Liability; Social Media & Defamation in the Internet Age; Entitlement to Bonuses

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Credits
Substantive: 1.0
1 hour
Published
2020
Presenter(s)
Michel Castillo
Erika Chamberlain
Anne Marie Frauts
Source
Middlesex Law Association
Provider
CPDOnline.ca
Language
English
Length
1 hour
Price
$99.00 plus tax
MLA's 2020 Straight From the Bench Conference
Includes Handouts

Developments in Public Authority Liability by Professor Erika Chamberlain of Western Law

Erika Chamberlain’s presentation will review key provisions of the Crown Liability and Proceedings Act, 2019[1] and their effects on the immunity of public authorities in tort law. While the legislation appears to be an attempt to expand Crown immunity, it has so far been interpreted in a way that is consistent with the existing common law.

Social Media & Defamation in the Internet Age by Michel Castillo of Castillo Law Chambers

This presentation is not about the evils of social media. To the contrary; social media is potentially an outstanding tool. The problem is that it is also, potentially, a source of many headaches for our clients (let alone for us as professionals).  However, social media can be misused, and people have a tendency to be Dr. Jekyll in real life, but Mr. Hyde on the internet. It is not enough for people to disagree, some people must vehemently disagree and sometimes add adjectives and expletives to make their point (of course they do not but somehow, they feel like they do!)   This presentation reviewed the law of defamation, recent cases including damage awards, and tips on how to “behave” and avoid claims for defamation in the internet age!    

Entitlement to Bonuses by Anne Marie Frauts

Anne Marie Frauts reviewed the recent Supreme Court of Canada decision in Matthews v. Ocean Nutrition Canada Ltd.  and an employee’s entitlement to bonuses after being terminated.  The Supreme Court of Canada held that for the purpose of calculating wrongful dismissal damages, the employment contract is not treated as terminated until after the reasonable notice period expires. M should therefore be awarded the amount of the LTIP as part of his common law damages for breach of the implied term to provide reasonable notice.  

Presenters

Michel Castillo

Michel Castillo is a lawyer with 20+ years experience in civil litigation and dispute resolution.

Originally from Guatemala, Central America, Michel moved to Canada with his family in his teenage years. He earned a Bachelor Arts in History and Geography from Western University.  He then earned his Bachelor of Laws (LLB) and Master of Laws in Commercial Law (LLM) from Cardiff University.  Called to the Bar in Alberta in 1998, Michel represented clients at all levels of Alberta Courts and in the Federal Court.  Called to the Bar in Ontario in 2004, Michel has continued to represent clients in all levels of Court in Ontario and before tribunals.

In addition to the practice of law, Michel is a part time instructor at triOS College in London, ON, teaching a number of courses to paralegal candidates.  Michel is active in the business community as a member of The Entrepreneur Nation (2019) and past member of the London Chamber of Commerce (2012 – 2016).  He also volunteers for a number of sport, business, and professional organizations including the Oakridge Optimist Soccer Club (2018-2019), Southend United Soccer Club (2013-2017) and the Middlesex Law Association Board of Trustees (2006-2009), in addition to other volunteer work for professional associations and organizations.

Erika Chamberlain

Erika Chamberlain, LLB (Western, Gold Medalist), PhD (Cambridge) is Dean and Professor at the Faculty of Law, University of Western Ontario. She served as law clerk to Mr. Justice Major at the Supreme Court of Canada and was called to the Ontario Bar in 2002. Chamberlain has authored numerous articles on tort law, with a particular focus on the tort liability of public authorities. She is the author of Misfeasance in a Public Office (2016), co-author of Fridman’s The Law of Torts in Canada, 4th ed. (2020) and Cases and Materials on the Law of Torts, 10th ed. (2019), and a co-editor of Emerging Issues in Tort Law (2007) and Tort Law: Challenging Orthodoxy (2013). Professor Chamberlain is the Editor of the Canadian Cases on the Law of Torts. She has won numerous teaching awards and has completed 5 full Ironman races.

Anne Marie Frauts

Anne Marie graduated with a BSc. in 1979 from Western university. She received her law degree from Western in 1982 and was called to the Bar in 1984. Anne Marie has a depth of civil litigation experience. She has appeared as counsel at trial, appeal and before many administrative law panels. She has appeared as counsel at the Supreme Court of Canada. Anne Marie is a member of the Law Society of Ontario, the Middlesex Law Association and the Advocates’ Society. She is a Past President of the Middlesex Law Association and has continued to contribute to the MLA as a co-Chair for the annual “Straight from the Bench” civil litigation conference.

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