What to think about & do when the dust is settling on your file (all kinds of files, not just personal injury) | CPDonline.ca

What to think about and do when the dust is settling on your file (all kinds of files, not just personal injury)

What to think about and do when the dust is settling on your file (all kinds of files, not just personal injury)
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CPD Accredited Credits
Professionalism: 0.25
20 minutes
Substantive: 1.25
80 minutes
Published
2018
Presenter(s)
Edward Bergeron
David Elliott
Éliane Lachaîne
Jamie MacDonald
Mary Simmsq
Susanne Sviergula
Anne Tardif
Source
County of Carleton Law Association (CCLA)
Provider
CPDOnline.ca
Language
English
Length
100 minutes
Price
$119.00 plus tax
Annual Civil Litigation Conference 2018
Includes Handouts

Settlement creates all kinds of tempting opportunities for intentional and accidental missteps from an ethical perspective. It can create opportunity to take advantage of a party. How do you avoid that? Where is the line between advising a client about a settlement and forcing their hand? How do you managing expectations, avoid creating unnecessary fear, but effectively advise of risks and benefits. What about the difficult client and difficult opposing counsel? What do you do with them? How do you protect yourself in all of this? (LSO Ethics and Professional Responsibility 1.4, 1.6, 1.7 and Client Service 2.5 and 2.12.)

It’s a Saturday Afternoon, Settle In… 

We are going to cover what to think about and do when the dust is settling on your file (all kinds of files, not just personal injury):

  • Offers
  • Releases
  • Prepping your client for settlement
    • Written instructions?
    • Strategies
    • Mediation and pre-trial issues
    • Retainers and contingency fees and how they impact settlement
  • Taxation of all kinds of settlement
  • Infant settlements

Presenters

Edward Bergeron

Ted is a founding partner of Bergeron Clifford one of Eastern Ontario’s top injury law firms. His legal career started in insurance defence litigation. He worked at a boutique law firm in Toronto, servicing only insurance companies. He switched to representing only injured clients and their families in 1995.

He has represented injured clients and their families in the Ontario Superior Court of Justice, Ontario Court of Appeal, Financial Services Commission of Ontario and before the Criminal Injuries Compensation Board. He has successfully managed jury trials in several Ontario counties and cities from Parry Sound to Toronto to Ottawa. Teaching is a passion of Ted’s having lectured extensively in the School of Rehabilitation Therapy, the School of Kinesiology and Health Studies and the Faculty of Law at Queen’s University. In a volunteer capacity, Ted has worked with the Law Society of Upper Canada as an instructor in the Bar Admission Course teaching Civil Litigation. Ted is a Queen's University graduate with degrees in Physical Education, Arts, Education and Law.

David Elliott

David is the Department Head of the Dentons Ottawa Litigation and Dispute Resolution group. David is also the principal contact of the National ADR Group for the Ottawa office. David’s practice includes a wide variety of business litigation disputes, with a focus on disputes arising from asset and share purchase transactions, employment related disputes, claims regarding intellectual property and confidential information, professional negligence and negligent misrepresentation, defamation, lease disputes, and insurance matters. He is certified as a specialist in Civil Litigation by the Law Society of Upper Canada. He received his LLB from the University of New Brunswick in 1997 and was called to the Ontario Bar in 1999. David is a member, Past Director, and Past President (Ottawa Chapter), of the ADR Institute of Ontario. He’s actively involved in the community and has been a judge of the Annual University of Ottawa Negotiation Competition and a coach, at the University of Ottawa Corporate Securities Moot Team.

Éliane Lachaîne

Since January 2014, Éliane practices in her own boutique personal injury firm, Burn Tucker Lachaîne LLP, in Ottawa with partners Colleen Burn and Laurie Tucker. Her bilingual practice is focused on motor vehicle collisions, slip and fall claims and fatality claims. She attended the University of Ottawa, where she obtained her Bachelor's degree in Social Sciences in 2001 and her law degree in 2003. She articled with the law firm of Doucet McBride LLP and joined the firm as an associate until 2013. Éliane a été conférencière lors de conférences présentées par l’Ontario Trial Lawyers Association et est membre-fondatrice du comité organisateur des ateliers de plaidoirie présentés annuellement par l’Association des juristes d’expression française de l’Ontario. Éliane is the secretary of the board of directors of Centre Espoir Sophie, the only francophone drop-in centre for marginalized women in Ottawa. Outside the office, Éliane enjoys skiing (downhill, cross-country and touring) and training for triathlons with her spouse.

Jamie MacDonald

Jamie Macdonald’s practice focuses on insurance law. He regularly acts for insurance companies and financial institutions on disputes concerning general liability insurance, property insurance, health and life insurance (particularly disability benefit claims), and professional liability insurance. He frequently represents local and multinational corporations, financial institutions, and universities in class action litigation, transnational proceedings, administrative law, and contractual disputes. Jamie has appeared before all levels of court in Ontario and Saskatchewan, as well as numerous administrative tribunals.

Mary Simmsq

Mary Simms is Legal Counsel with the City of Ottawa. Called to the Bar in 2002, she articled and began her practice at litigation firms in Toronto then joined a boutique firm specializing in mental health law and social justice litigation. After moving to Ottawa in 2006, she worked as Commission Counsel at the Cornwall Public Inquiry, before joining a plaintiff-side boutique litigation firm in the city. Since 2014, she has been with the City of Ottawa where her practice is primarily defending the City in personal injury cases.

Susanne Sviergula

Susanne Sviergula is a partner at Cavanagh LLP whose practice is focused on professional liability matters, insurance defence litigation and employment law, acting for both institutional and individual clients. Called to the bar in 2001 Susanne has been an active member of the County of Carleton Law Association, the Advocates’ Society and the Ontario Bar Association throughout her career. She is also a regular volunteer at Law Help Ontario. Her really big accomplishments though are the 2016 and 2017 Boston Marathons.

Anne Tardif

Anne Tardif is a litigation partner in Gowling WLG’s Ottawa office. Fluently bilingual, she represents individuals, professionals, private companies and public entities in both English and French. Anne has a general litigation practice that cuts across practice areas including commercial and procurement matters, professional liability matters, shareholder disputes, and construction, tax, constitutional, public, agricultural and municipal law. Anne also represents health professionals in medical defence litigation and professional disciplinary proceedings. Anne has argued before all levels of court in Alberta and Ontario, the Federal Court and Federal Court of Appeal, and the Tax Court of Canada. She has represented clients in arbitrations and before administrative and regulatory tribunals, including the Patented Medicine Prices Review Board and the Ontario Agriculture, Food and Rural Affairs Tribunal. Originally from Montreal, Anne graduated from Dalhousie Law School where she obtained the gold medal for the highest overall mark. She started her career clerking for the Honourable Michel Bastarache at the Supreme Court of Canada. Anne has experience working in the private sector and for government as legal counsel for the Patented Medicine Prices Review Board. Anne teaches trial advocacy at the University of Ottawa and is a regular judge at the annual Laskin constitutional-administrative law moot court competition. Anne also regularly speaks on commercial law topics.

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