National Section Meeting Report 2014/2015

  • September 22, 2014

Section

National Insurance Law Section

Date

September 20, 2014

Location

Sheraton Ottawa

Submitted by

BC Branch Representative: Lindsay Williams

Report

Attendees:

NATIONAL OFFICERS

  • Chair:   Bruce Wirth (Saskatoon)
  • Vice-Chair:   Karen Weslowski (Vancouver)
  • Treasurer:  Lindsey Galvin (Vancouver)
  • Secretary:  Kate Jenkins (Kamloops)
  • Regrets: Christa Brothers (Past Chair)

BRANCH CHAIRS/REPRESENTATIVES

  • British Columbia:   Lindsay Williams
  • Nova Scotia:  Amy MacGregor
  • Ontario: Audrey Ramsay
  • Regrets:  Alberta, New Brunswick, Prince Edward Island, Québec

EXECUTIVE MEMBERS

  • Mario Fiorino (Toronto)
  • Jamie Horyski (Winnipeg)

HONOURARY EXECUTIVE MEMBER

  • John Vamplew (Vancouver)

CBA STAFF 

  • Pam Gosewich, Staff Liaison
  • Terry Hancock, Lawyer, Professional Development
  • Jennifer Lalonde


Report from Chair- Bruce

  • Published 2 editions of newsletter in 2013, 2014- Karen
  • Webinar in Jan 2014, notable cases of 2013- Mario
  • 3 interactive PD sessions @ CLC 2014 in St. John’s- Karen
  • would like to duplicate accomplishments in the next year:
    • 2 issues of newsletter
    • Mario repeat webinar in Jan 2015
    • Perhaps an additional webinar could be arranged
    • PD session for 2015 CLC
  • Section has 2300 members, how do we connect with them?
  • Is there a way to connect with section members who don’t use the website, or in provinces where there is no branch?
  • We have a listserve, can we reach out to them by email? Ex. Once a month sending out a case summary

CBA Overview- Jennifer Lalonde

  • Powerpoint presentation given
  • CBA goal to provide high level of service to members
  • Re-thinking structure to better engage sections and branch members
  • When you join the CBA, you are a member at the national level as well
  • Saskatchewan, Manitoba and Newfoundland and the territories do not have branch sections
  • Trying to work as a cohesive national organization
  • 5 goals of the organization (see powerpoint)
  • by connecting with branch chairs, hoping to bridge gap with section members- want to figure out how to reach people better
  • concerned by how few branch chairs are at meeting
  • want branch chairs to let members know the national level exists, want member issues to be brought to the national group
  • core activities of the CBA: PD, law reform, member services
  • PD: 
    • law series (case updates, etc.) and skilled lawyer series, webinars 
    • CLC changing, finance committee and board of directors meeting in October to fix it, timelines will be sent out end of October in terms of programming (concerns about last CLC, needs overhaul)
    • In person conferences can be suggested, end of October for summer 2015
  • Law reform:
    • 60-80 submissions annually
    • mostly group effort by sections
    • intervene on issues relating to privilege and other areas crucial to the profession
    • 2 prong test: either important to legal profession or of significant public interest
  • Targeted member services
    • how do we put tools in the hands of members?
    • Recruitment and retention
    • Should be reminding members what their resources are, what the CBA can provide you with
    • How do we promote CBA resources? 
  • Every section chair is a member of the CBA council
  • Cba.org changing- trying to make it more seamless for members to access information, my dashboard, more streamlined between national and branch level, article database rather than newsletters, goal to have this done by end of 2014
  • Newsletter replaced with quarterly emails alerting of blog updates (some concern in the section that quarterly is not enough)
  • If someone is on the national insurance law website, should they be able to link to the BC website? Issue is branch fees- should you get access to the material when you haven’t paid the provincial branch fees? To limit access is to fracture the section nationally but sense of unfairness if some people have to pay and others don’t
  • Why do some provincial branches have to pay fees and others don’t? apparently better services in branches with branch fees; some branches feel like the money they get from the national level isn’t enough
  • Can we give people the option of posting on both the national site and the provincial site? Give them the option when they post (once national website is up and running in December) * bring this up with exec*

Branch Section Reports

  • British Columbia
    • Scott Harkness, Chair; Lindsay Williams in attendance
    • 8 executive members
    • 4 meetings in 2014: brain injury expert panel in MArch, AGM in June, joint meeting with products liability section in October, IME expert panel in December
    • recent updates in BC insurance law: changes were made to the Insurance Act and Limitation Act in 2012, too soon to see results of those in case law
    • provided case summary of Kim v. Morier, 2014 BCCA 63
  • Nova Scotia
    • Amy McGregor, chair
    • 4-6 meetings a year
    • approx 200 members
    • based in Halifax
    • hoping to hold some meetings outside Halifax
    • April: joint w/ Energy and environmental section- pollution insurance products: anything can be covered, you just have to pay for it; existing and unknown risks
    • May: social media as investigative tools
    • June: treating physicians narratives and expert reports
    • October: case update on damages, failure to mitigate, deductibility of CPP benefits 2014 NSSC 207
    • November: section B coverage (accident benefits)
    • January: getting the most out of a judicial settlement conference
    • Recent punitive damages case: utmost good faith owed to an insured, insurer tried to claim CPP benefits and a litigation settlement in subrogation, this was bad faith- 2014 NSSC 219
    • PEI: no personal injury awards in years, but minor injury cap coming in legislation @ $7,500.00, coming into effect in October, similar to Nova Scotia’s cap
    • NFLD: no significant updates
    • NB: pharmacare legislation change April 2015, employers have to offer group health insurance if offering any kind of insurance at all
  • Ontario
    • Audrey Ramsay, chair
    • 700 members
    • 20 executive members
    • meet monthly
    • want to get out two newsletters before December to promote programs
    • May and June: insurance award dinners; had two recipients to try to get people outside Toronto interested and involved
    • Guide to assist litigators to understand medical evidence
    • Summary judgment program in fall
    • Financial reports and experts PD program coming up
    • Trying to get plaintiff bar involved
    • Update in law: working group and report on accident benefits; bill 171 as a result (now bill 115, at committee stage)- change in how accident benefits are disputed, tribunal system, can appeal to court system
    • Update in law: joint and several liability for municipalities. Gov’t wanted to exempt municipalities from joint and several liability; working group formed, overwhelmingly, people felt that this would not be favourable 
    • Update in law: alternative business solutions, OBA has a task force
    • Court backlog is an issue in Ontario

Professional Development Programs

  • 2014 CLC recap
    • good comments
    • Rick Lindsay lined up the speakers
    • Attendance might have dropped off in the afternoon because of overlap
    • Materials are available to members online
    • Waiting to plan 2015 CLC until decision made on financing
  • Online webinars
    • 1.5 hr webinars for hot topics
    • Cyber liability
    • Jill Shore, Vancouver, will speak on directors and officers liability and statutory issues regarding same, ex. Anti-Spam legislation, securities legislation, vicarious liability
    • Dan Shoreberger, Toronto will also speak on risk assessment and coverage for cyber liability insurance
    • Big issue in the state, moving to Canada
    • Trying to attract CCCA- risk management and insurance, liability issues- to promote to members
    • November 26, 2014, 12:00-1:30 EST, $125.00
    • From brokers perspective, what do you have to offer? 
    • US has cyber liability policies, as does Canada
  • 2014 notable cases
    • Mario
    • future topics
    • how do we get knowledge to members- burden on Volunteers
    • twitter mindset- case commentaries in 140 characters
    • lots of discussion regarding how to get people to read CBA emails and go to the CBA website- how to communicate CBA messages
    • Terry and Kate will work on these issues
  • CLC August 2015: Calgary, August 14-16
    • New format, will know what it looks like in October
    • How do we make it more affordable?
    • Table until November, until we have a better idea of the format
  • In person Conference: full day, May 31 deadline for Spring 2016
    • Educational and networking opportunities
    • Lawyers and clients should be in attendance
    • Consider inviting brokers, make sure counts towards their credit hours
    • Teach potential clients about an issue and introduce them to lawyers in the industry
    • Massive undertaking- would need help from CBA employees and in house PD lawyer
    • What would be the benefit to the section? CBA has a deficit budget, so profits would all have to go to CBA bottom line for this year, but next year the profit would be shared with the section
    • No funding is available from CBA, need sponsorship or pay through registration fees
    • CBA will pay the deficit if you don’t cover your costs
    • Possibility of an online seminar

National Office Update

  • National Sections Council Update
    • Took place at 2014 CLC 
    • Preliminary talks about CLC re-think
    • Elections held for executive positions
    • Meeting coming up Oct 19
    • Midwinter meeting Feb 20- resolutions deadline Dec 6 (branch chairs can bring resolutions forward, bring up with law reform lawyer, Rebecca Bromwich)
    • CLC 2015 in Calgary

Section Communications

  • “Underwritings” newsletter- last edition was April 2014
  • planning on a fall edition
  • Jaime will write article on Manitoba law reform
  • Report from the new chair needed- what we’ve done, what we hope to do
  • Lindsey will be co-editor
  • Will call on BC branch if they need help

Action Plan 2014-2015

  • Nov 26: Cyber Liability Webinar
  • Jan 2015: notable 2014 Webinar- Mario
  • Case alert- Kate
  • November conference call- CLC situation, newsletter/ communication
  • Put to branch members possibility of posting articles to National website- submit articles to Pam

Next Meeting

  • Fall 2015
  • More people will be able to attend with more notice- book date in April
  • Send a stronger message to branch chairs that they have to attend or send an alternative- imperative that a representative attend
  • Next meeting in Vancouver

Quarterly conference call schedule

  • Unnecessary- set it at the end of the next conference call in November
  • November conference call will take place Wednesday, November 5 at 9:00am PST

Adjourned.