Adjudication - Osgoode Professional Development

Learn to run a fair and effective
administrative proceeding
The Certificate in
Adjudication
for Administrative Agencies,
Boards & Tribunals
A joint program of the Society of Ontario Adjudicators and Regulators
(SOAR) and Osgoode Professional Development
December 7-11, 2015 | Toronto, Canada
Why You Should Attend
Program Details
This five-day intensive training program for adjudicators is a collaboration between the Society of
Ontario Adjudicators and Regulators (SOAR) and Osgoode Professional Development of Osgoode Hall
Law School, York University. The program brings together SOAR’s peer-driven model of adjudicative
education and OsgoodePD’s leadership in legal education.
Dates
The Certificate Program in Adjudication for Administrative Agencies, Boards & Tribunals has
set a new standard for the delivery of education and training for administrative adjudicators in
Ontario and beyond. This is an introductory program, which will meet the needs of relatively
recent appointees to obtain a solid grounding in the goals and principles of the administrative
justice system, while learning and practising practical adjudication skills. It will also provide an
opportunity for more senior adjudicators to review best practices and explore evolving issues in adjudication.
Day One
Introduction to
Administrative Adjudication
Key Principles: Administrative Law
& the Administrative Justice System
December 7, 2015
Day Two
How to Run a Hearing:
Fairness & Efficiency
December 8, 2015
Day Three
Administrative Adjudication:
Evolving Challenges
December 9, 2015
The program will be held at
OsgoodePD’s Downtown Toronto
Conference Centre
1 Dundas Street W., 26th Floor
Toronto, ON
For Further Program–related
Information
Please contact:
Heather J. Gore Liddell
Senior Program Lawyer
Osgoode Professional Development
at 416.597.8847 or email
hgore@osgoode.yorku.ca
Completion of this program will prepare you for the unique challenges of administrative
adjudication, build confidence, and strengthen your capacity to contribute effectively to your organization.
Day Four
Decision-writing: Key Principles
& Effective Strategies
December 10, 2015
Day Five
Hearing Simulation: Putting It
All Together
December 11, 2015
The teaching and learning will be interactive and hands-on. Working with fact scenarios,
problems and video demonstrations, you will learn how to meet the legal requirements of
administrative adjudication, while also offering efficient and effective public service. You will complete a decision-writing exercise, and the program will be capped off with a hearing simulation. The simulation will enable you to apply what you’ve learned during the week, and obtain valuable individual feedback from recognized experts in this field.
Key Benefits
• Acquire an understanding of the key principles of administrative law
• Learn how to run a hearing – from start to finish
• Review the legal and practical requirements for administrative decisions
• Explore the evolving challenges faced by administrative adjudicators
• Discuss common challenges, and successful strategies, with other adjudicators
• Gain insight from experienced adjudicators and leaders in administrative justice
Plus! You will be able to apply and test your skills through a hearing simulation and practice
decision-writing in a guided exercise.
Who Should Attend
This program will be relevant to anyone who is exercising adjudicative functions arising
from a public or quasi-public power, including:
• Recent and prospective appointees to administrative agencies, boards and tribunals
• Professional regulators
• Members of disciplinary bodies
• Adjudicators from the provincial, federal or municipal sectors
• Leaders required to conduct hearings in the broader public sector, including health and education
• Professionals seeking to transition into an adjudicator role
THE CERTIFICATE IN ADJUDICATION FOR ADMINISTRATIVE AGENCIES, BOARDS & TRIBUNALS
Over FIVE intensive consecutive days, you will be taught by leading experts, using a blended-delivery method
that includes lectures, class discussions and hands-on exercises.
THE CURRICULUM
December 8, 2015, 9:00 a.m. – 4:30 p.m.
DAY 1
December 7, 2015, 9:00 a.m. – 4:30 p.m.
DAYS 2 & 3
December 9, 2015, 9:00 a.m. – 4:30 p.m.
Introduction to Administrative Adjudication
How to Run a Hearing: Fairness & Efficiency
•Introductions and outline of course objectives
•The role of statutory agencies, boards and tribunals
•Before the hearing begins: case management, preliminary rulings,
preparation, mediation
•Guiding principles: fairness, independence, accountability,
efficiency, diversity, accessibility
•Starting the hearing: openings, setting the tone, instructions to the
parties, agreed statements of facts
•Sources of jurisdiction and law
•Protection of privacy in adjudication
•Refresher on the law of evidence: key principles for tribunal settings
Key Principles: Administrative Law
•Sources of procedural fairness: common law, statutory procedural
requirements, constitutional rights
•Key components of procedural fairness: the right to be heard, the
rule against bias
•The basics of judicial review
•Independence and impartiality
Topics will be explored with the assistance of special presenters,
using power-point presentations, discussion of best practices, Q & A’s.
Fireside Chat - “Administrative Justice in the Legal System”
Leading figures in the administrative justice community
will discuss the role of administrative adjudication and its place
in the justice system.
•Hearing evidence: oaths and affirmations, cautioning witnesses,
admitting documents and other exhibits, experts, note-taking and
other practical tips
•Managing the hearing: handling and ruling on objections, time
management, civility and decorum
•Closing the hearing: considerations for decision making
Administrative Adjudication: Evolving Challenges
•Active adjudication: techniques and risks of intervention, tribunal
policies, the use of inquisitorial techniques, benefits of active
listening and questioning techniques
•Dealing with self-represented parties: strategies for effective
participation, common challenges, hearing accommodation
•Inclusive and accessible adjudication: cultural intelligence, mental
health challenges, accommodation in hearings, use of interpreters
Topics will be covered using video demonstrations, power-point
presentations, small-group work on problems drawn from actual
hearings, discussion of best practices, Q & A’s.
What past participants said about the
Certificate in Adjudication:
“For a number of reasons, most importantly the hearing
simulation, I will have no hesitation in recommending
this course.”
Fireside Chat – “Evolving Challenges”
Leading figures in the administrative justice community will discuss
the evolving challenges faced by experienced administrative adjudicators.
“No other way to put it, this session is by far the best I have
ever taken... Very engaging and never a dull moment. Well done
and thank you!”
“Fantastic! Effective and fun! Targeted all learning styles and
levels of experience.”
“Content delivered in plain language, clear explanation of
complex concepts, practical advice.”
“The content was fabulous, it almost seemed easy! It was so
well presented!”
Register online today at www.osgoodepd.ca
DAY 4
December 10, 2015, 9:00 a.m. – 4:30 p.m.
Decision-writing: Key Principles & Effective Strategies
•Key Principles: Clarity & Conciseness
•Context and point-first writing
•Effective introductions
•Issue-driven structure
•The duty to give reasons: source of the duty, key principles,
leading cases, common sufficiency problems
•Practical strategies for approaching decision-writing: organizing
the material, creating an outline, considering the law
•The elements of a good decision: finding the facts, dealing with
credibility, review of the law, applying the law, sequencing
PROGRAM DIRECTOR
Pamela Chapman is an educator and adjudicator who combines
these skills to develop and deliver training on a wide range of
topics, to diverse groups of all sizes, including lawyers and
non-lawyers, tribunals, courts, regulators and other agencies.
Ms. Chapman has taught at the Faculty of Law at the University
of Ottawa since January 2002, and has been an adjunct professor
at Osgoode Hall Law School and the University of Toronto. From
2009 to 2012 she was a part-time member of the Human Rights
Tribunal of Ontario, and from 1993 to 2002 a Vice-Chair of the
Ontario Labour Relations Board. Since 1995 she has also worked
as a labour arbitrator and mediator.
•Writing for multiple audiences
Participants will work with facilitators in small groups throughout
the day, to revise draft passages and apply best practices.
The day concludes with an introduction to the hearing simulation
taking place on Day 5. Roles will be assigned and the fact situation
will be introduced, in addition to clarification on rules, tips and
required preparation.
DAY 5
December 11, 2015, 8:30 a.m. – 3:30 p.m.
Osgoode Hall Law School’s Osgoode Professional Development
offers both credit and non-credit programming to meet the
life-long learning needs of lawyers and other professionals
who need legal information. Osgoode Hall Law School is one
of the world’s pre-eminent law schools. OsgoodePD embodies
the law school’s commitment to meeting the educational needs
of the broader community and has offered many continuing
legal education programs in the areas of administrative law,
professional and statutory regulation, and alternative dispute
resolution, including its Professional LLM in Administrative Law.
www.osgoodepd.ca
Hearing Simulation: Putting It All Together
•Participants will be assigned to hearing panels, and will rotate
acting as Chair of the panel
•They will hear a concise administrative application, presented by
volunteer coaches, all experienced counsel and adjudicators
•Participants will have a chance to engage in hearing management, including ruling on objections and dealing with various procedural challenges
•Panels will confer on procedural rulings and the outcome of the
case, and deliver a brief oral judgment at the end of the day
•Volunteer coaches will provide detailed feedback, and there will be
group discussion of strategies
The day will finish with a reflection and group debriefing,
followed by a graduation ceremony.
The Society of Ontario Adjudicators and Regulators (SOAR)
was created in 1991 for the purpose of advancing administrative
justice through education, advocacy and innovation.
Membership in SOAR includes Order-in-Council appointed
Chairs and Members and staff of administrative justice system
agencies. SOAR supports their work through various activities,
including training programs for newly appointed adjudicators
and administrative staff, conferences and other educational
programs, and participation in policy initiatives of relevance
to the direction and integrity of the administrative justice
system. The premiere event in Ontario’s administrative justice
community is the SOAR Conference that takes place in Toronto
each year. SOAR is explicitly non-partisan and non-profit; its
focus is the public interest.
www.soar.on.ca
© Osgoode Professional Development, 2015
Register online today at www.osgoodepd.ca
The Certificate in Adjudication for Administrative Agencies, Boards
& Tribunals draws upon the expertise and experience of leading adjudicators,
academics and counsel from the administrative justice community.
Past faculty has included:
Benjamin Berger, Associate Professor, Osgoode
Hall Law School
Freya Kristjanson, Cavalluzzo Shilton McIntyre
and Cornish LLP
Christopher D. Brecht, Partner, Borden Ladner
Gervais LLP
The Hon. Justice Susan Lang
Court of Appeal for Ontario
Sandra (Sandi) Driesel, Member, Assessment
Review Board/Environment & Land Tribunals
Ontario
The Hon. Justice John Laskin
Court of Appeal for Ontario
The Hon. Justice John Evans
Federal Court of Appeal
James (Jim) Girling, Legal Director, Divisional
Priority Projects, Legal Services Division, Ministry
of the Attorney General
Janice Gauthier, Chair, Health Professionals
Appeal & Review Boards
David Goodis, Senior Counsel, Information and
Privacy Commissioner of Ontario
James Gorham, Counsel, Department of
Justice Canada
Michael Gottheil, Executive Chair, Social Justice
Tribunals Ontario
The Hon. Justice Stephen Goudge
Court of Appeal for Ontario
Louise Horton, Member, Landlord Tenant Board
Sophie Martel, Vice-Chair, Workplace Safety and
Insurance Appeals Tribunal
Michael Newman, Vice-Chair and Senior Lawyer
Member, Consent and Capacity Board
Marsha Faubert, Vice-chair, Former Director
Workplace Safety & Insurance Appeals Tribunal
Lorne Sossin, Dean
Osgoode Hall Law School
“I’m enormously
proud to co-Chair
the Certificate in
Adjudication, which
brings together SOAR’s
commitment to peer-led,
relevant, hands-on
adjudicative education
with Osgoode’s commitment to excellence
in its state-of-the-art professional and
executive certificate programs.”
Susan Opler, Vice-Chair Consent and Capacity
Board, Ontario; Member, Law Society Tribunal
Carole Prest, Counsel to the Tribunal Chair
Workplace Safety and Insurance Appeals Tribunal
Jo-Ann Seamon, Senior Counsel & Manager
of Legal Services, Human Rights Legal
Support Centre
Carol Street, Symes, Street & Millard LLP
The Hon. Justice Kevin Whitaker
Ontario Superior Court of Justice (Toronto)
Former Chair, Ontario Labour Relations Board
David A. Wright, Chair
Law Society Tribunal
ADVISORY COMMITTEE
Robert Butterworth, Q.C., Vice-chair
Assessment Review Board/Environment & Land
Tribunals Ontario
C0-CHAIRS
The Hon. Justice Edward F. Ormston
Chair, Consent and Capacity Board of Ontario
Josée Turcotte, Deputy Secretary
and Independent Adjudicative Counsel
Ontario Securities Commission
Zeynep Onen, Director, Professional Regulation
Law Society of Upper Canada
“The delivery of administrative justice requires highly skilled and trained members of agencies, boards and
tribunals. As a non-profit, non-partisan organization with deep roots in the administrative justice community,
SOAR has been a trusted provider of administrative adjudicator education in Ontario for many years. Building on that
experience, SOAR’s innovative partnership with Osgoode in this program will provide new administrative adjudicators
with the skills and knowledge they need to become effective decision makers.”
Debra Roberts, Deputy Chief of Staff, Human Resources and Public Appointments
Office of the Premier, Ontario
Register online today at www.osgoodepd.ca
Emanuela Heyninck, President, SOAR
Commissioner, Pay Equity Commission
“SOAR is committed to
providing innovative and
high-quality education
and training to our
community. SOAR’s
Adjudicator Training
Course has provided
an introduction to
adjudication to generations of decisionmakers in Ontario and beyond. We look
forward to training a new generation
through this collaboration with Osgoode.”
THE CERTIFICATE IN ADJUDICATION FOR
ADMINISTRATIVE AGENCIES, BOARDS & TRIBUNALS
WINTER 2015 REGISTRATION
Space is strictly limited to ensure hands-on
learning and feedback. Register now!
Name:
Title:
Firm/Company: Practice Area:
Address:
Year of Call (if applicable):
City:
Province:
Postal Code:
Fax:
Priority Service Code:
Email:
Telephone: 1
5
0
7 O L
Please add me to your mailing list. Please delete me from your mailing list. If you do not wish to be contacted by e-mail, indicate here.
Fee Per Delegate
$2,750 plus 13% HST for a total of $3,107.50.
Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the five days of the program.
The price does not include accommodations. Dress is business casual.
Need accommodations? Check our website at www.osgoodepd.ca/hotelandparking.html
Payment Options — Payment must be made prior to the program
Cheque enclosed (payable to York University — HST/GST# R119306736)
Bill my credit card: VISA Mastercard
Card# Expiry:
Signature:
Payment Amount:
OsgoodePD has been approved as an Accredited Provider of
Professionalism Content by the LSUC.
CPD Credits Eligible CPD/MCLE hours: LSUC (ON): 32.0 CPD Hours (22.5
Substantive, 9.5 Professionalism); NY CLE: 35.0 credit hours
in the Area of Professional Practice for transitional and
non-transitional lawyers.
OsgoodePD programs may be eligible for CPD/MCLE credits in
other Canadian jurisdictions. To inquire about credit eligibility,
please contact cpd@osgoode.yorku.ca.
Program Changes
We will make every effort to present the certificate program as advertised, but
it may be necessary to change the dates, location, speakers or content with
little or no notice. In the event of program cancellation, York University and
Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
Cancellations/Rainchecks/Substitutions
If you are unable to attend the program your organization may name a
replacement. A full refund will be issued for cancellations received a minimum of
21 days before the program start date. Written cancellations received after
November 23, 2015 will include an administration charge of $700.
Non-attendance or withdrawal on or after the program start date will incur a
full program fee. Payment must be received by November 23, 2015.
Certificate of Program Completion
Location
You will receive a certificate upon completion of The Certificate in Adjudication
for Administrative Agencies, Boards & Tribunals. Participants must attend
all days and participate in the hearing simulation to receive a certificate.
Osgoode Professional Development
Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor, Toronto, ON, M5G 1Z3
Public CLE Seminars
Customized CLE Programs
4 Convenient Ways to Register
1. MAIL your registration form to:
Osgoode Professional Development
Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor
Toronto, ON M5G 1Z3
2. ONLINE at www.osgoodepd.ca
3. FAX your registration to 416.597.9736
4. CALL US at 416.597.9724 or 1.888.923.3394
Skills Training & Certification
ITAW
Professional LLM