November 10, 2011


Fasken Martineau
Rideau & St. Lawrence Rooms
333 Bay Street, Suite 2400
Bay Adelaide Centre
Toronto, ON, Canada

Event participants:

Peter J. Pliszka, Steven F. Rosenhek, Enrico Forlini, Michael Parrish

Consideration of damages is a key part of the overall case strategy, and should not be deferred until the last stages of the lawsuit. In a fast-paced presentation format, Fasken Martineau litigators will explain recent developments in the law of damages in the common law provinces and Québec, and offer practical advice for dealing with and minimizing damages.

Avon Mersey, Chair of Fasken Martineau's International Insurance and Product Liability practice, will moderate this seminar.

Pre-empting and Capping Damages Claims – Do Limitation of Liability Clauses Work?
Speaker: Peter Pliszka

For clients, the next best thing to avoiding lawsuits is restricting the potential adverse results of lawsuits. One way to do that is to insert "limitation of liability clauses" in contracts. But, do those clauses work? For decades common law courts have struggled with the issue of whether, and when, these types of clauses are enforceable. We will summarize the latest words from our courts on these questions.

Psychological Damages Post-Mustapha
Speaker: Steven Rosenhek

The important issue of psychological damages in light of the Supreme Court of Canada's decision in Mustapha will be addressed. What does the decision mean for defendants in terms of foreseeability and remoteness? Practical strategies for successfully defending claims for psychological damages will be discussed.

Québec Law of Damages
Speaker: Enrico Forlini

Overview of selected topics in Québec Law of Damages including: psychological and moral damages, punitive damages, limitation of damages clauses, and the impact of recent changes to the Québec Consumer Protection Act.

Using Expert Evidence in Damages Claims
Speaker: Michael Parrish

Find out how to best use expert evidence to prosecute and defend damages claims at mediation and trial. Subjects include: when should you use an expert, types of experts, instructing and managing experts, getting the highest quality report possible and other practical advice on how to maximize the value of expert evidence to win your case.

Agenda:

• 8:00 am - 8:30 am EST     Registration and Breakfast
• 8:30 am - 10:00 am EST   Presentation and Q&A

Note: The hours from this non-accredited seminar can be applied towards the 9 Substantive Hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this seminar is not accredited for Professionalism Hours or New Member CPD Hours.

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