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Counsel at Municipal Council

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Date: Thursday, December 10, 2009
Time: 1:00 PM
Location: OBA Conference Centre, 20 Toronto Street, 2nd Floor, Toronto
Description

This program will focus on appearances at council and representing and advising municipal council and staff on matters that arise on the council floor and outside the council chamber. Leading practitioners will address issues and questions related to closed meetings, lobbying and procedural fairness.

Focus: This program will focus on appearances at council, and representing and advising municipal council and staff on matters that arise on the council floor and outside the council chamber. Leading practitioners will address issues and questions related to closed meetings, lobbying and procedural fairness.

Highlights:
• Persuading council
• Procedural fairness and the right to be heard at council
• Closed meetings and investigations
• Conflict of interest and non-pecuniary bias

 

 
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Co-Chairs
David J. Potts, City Solicitor, City of Oshawa
Kelly G. Yerxa, O’Connor MacLeod Hanna LLP - Oakville
 
Full Program Agenda

1:00 pm Introductory Remarks

1:15 pm Persuading Council
• Identifying key staff and council members
• Effective lobbying
• Submissions to public meetings
• Toronto’s Lobbyist By-law
• Law Society Rules
Mary Ellen Bench, City Solicitor, City of Mississauga
Ronald M. Kanter, Macdonald Sager Manis LLPPatrick Robson, Commissioner, Integrated Community Planning, Regional Municipality of Niagara - Thorold
Councillor Adam Vaughan, City Councillor, Ward 20, Trinity-Spadina

1:55 pm Procedural Fairness and the Right to be Heard at Council
• What obligations do councils have to hear deputations?
• In what circumstances can councils hold meetings in camera?
• Are there obligations on councils to provide notice that matters are to be considered?
• What remedies are available if council breaches its obligations to give notice and provide a fair hearing?
M. Rick O’Connor, City Clerk and Solicitor, City of Ottawa - Ottawa

2:35 pm Break

2:50 pm Closed Meetings and Investigations
• What triggers a complaint?
• Who investigates?
• What is the process for an investigation?
• Expectations of council and staff during an investigation
Fred Dean, Amberley Gavel Ltd.
Tony E. Fleming, Cunningham, Swan, Carty, Little and Bonham LLP - Kingston
Heather A. Salter, Town Solicitor, Town of Fort Erie – Fort Erie

3:45 pm Conflict of Interest and Non-Pecuniary Bias
Statutory and common-law rules prescribe differing standards for financial interests on the part of councillors and local board members than those which apply to allegations of bias. While the former are subject to strict conflict of interest prohibitions, the latter are subject to a more relaxed common law standard. This presentation will explore recent developments in both areas of municipal law.
Barnet H. Kussner, WeirFoulds LLP

4:20 pm Concluding Remarks

4:30 pm Program Concludes and Reception

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