Report to / Rapport au:
OTTAWA POLICE SERVICES BOARD
LA COMMISSION DE SERVICES POLICIERS D’OTTAWA
24 April 2017 / 24 avril 2017
Submitted by / Soumis par:
Board Solicitor / L’avocat de la Commission
Contact Person / Personne ressource:
David White, Deputy City Solicitor/ Chef du conentieux adjoint
613-580-2424, ext. 21933 / email@example.com
SUBJECT: LEGAL SERVICES STATUS REPORT: 2017 FIRST QUARTER
OBJET: RAPPORT D’ÉTAPE DES SERVICES JURIDIQUES : PREMIER TRIMESTRE DE 2017
That the Ottawa Police Services Board receive this report for information.
RECOMMANDATIONS DU RAPPORT
Que la Commission de services policiers d’Ottawa prenne connaissance du présent rapport.
The City Clerk and Solicitor Department is a full-service, in-house law practice that provides a broad range of services to the Police Services Board in the areas of civil litigation, labour and employment law, procedural and general legal advice, corporate/commercial/development and environmental law. The Department’s objective is to achieve this through the most cost-effective and efficient combination of both in-house and external lawyers. In this latter regard, the Department has a Strategic Standing Offer (SSO) with three law firms for the provision of external legal services. The new SSO was negotiated for the period 2015-2018 and provides for favourable, blended hourly rates set for the duration of the four-year term.
Pursuant to Section 6.1 of Board Policy #GA-8 – Legal Services, the Board Solicitor shall submit a report to the Board on a quarterly basis that includes statistical information and concise analysis of trends on:
1. positive and negative variances against the approved budget;
2. all claims or actions filed against the Board including how many have been filed, how many are outstanding, how many have been settled, the nature of them (categorized by type), and the cost of settlements;
3. the number, cost and outcome of all appeals and applications for judicial review;
4. any issues of significance the Board should be advised of.
In compliance with Section 6.1, this report provides the requested information with respect to the first quarter of 2017.
The Police Services Board has allocated $328,100 for the provision of legal services in 2017. At the completion of the first quarter $56,398.25 or approximately 17% of the budget was spent. The following chart sets out expenditures for the entire year to date (rounded out for space purposes). The costs reflect the significant staff time devoted to representing the Board, both at trial as well as at mediations, discoveries and settlement conferences.
Table 11 - Ottawa Police Service - 2017 First Quarter Costs of Legal Services
2017 Litigation Claims
One Statement of Claim was received on behalf of the Police Services Board in the first quarter of 2017. Currently there are 66 outstanding claims/notices of claim against the Board. Three of those claims are with external legal counsel as directed by the Board’s insurer or due to the requirement for a specialized legal expertise. The remaining 63 claims are assigned to various in-house Legal Counsel. The following list sets out the number of current litigated claims by category or type.
Beginning in Q1 2013, Legal Services started including motor vehicle accident claims involving police vehicles within its quarterly report to the Police Services Board. Though the City of Ottawa, as registered owner of those vehicles, is frequently named or included as a party in those claims, in keeping with the accident insurance scheme in Ontario, the inclusion of motor vehicle accident claims within the quarterly reports will provide a more accurate summary of all outstanding litigation affecting the Board.
Table 22 - All Open Litigated Claims - Police Services - As of April 4, 2017
Type of Claim
Number of Claims
Breach of Charter Rights
Motor Vehicle Accident
2017 Non-Litigated Claims
During the first quarter of 2017, seven new claims were received by the Claims Unit. Of these claims, one was denied and closed, one was closed as it required referral to the Ontario Provincial Police (OPP), and five remain open.
The following chart reflects the total number of claims currently open involving the Ottawa Police Services Board, as of the end of the first quarter 2017. As of April 3, 2017, there were fifteen open non-litigated claims.
Table 33 - All Open Claims - Police Services - As of April 3, 2017
Number of Claims
Emergency Vehicle Responding - No AB
Injuries From City Animals
MVA, Accident Benefits (AB)
MVA, City and Third Party Vehicle - No AB
No Known City Involvement
Other TP BI
Property Damage - Forced Entry By Police
Total Number of Open Claims – Police Services
NOTE: TP = Third Party; MVA = Motor Vehicle Accident; AB = Accident Benefits; BI = Bodily Injury; PD = Property Damage
Figure 11 - All Open Claims - Police Services - As of April 3, 2017
During the first quarter of 2017, six claims were closed by the Claims Unit. Of these claims, three were denied, one was referred, and two were paid.
Non-litigated claims closed for the year, had a total of $1,540.78 paid out in compensation. Below is the summary for number of claims and amount paid for each claim type.
Table 44 - Closed Police Services Claims, Q1 2017 (As of April 3, 2017)
Careless Actions, Vehicle/Equipment Damage
Damage/Injuries – Arrest/Detainment
Falling Ice, Snow, Debris – Third Party Bodily Injury/Property Damage
MVA, City and Third Party Vehicle – No Statutory Accident Benefits
Property Damage – Forced Entry by Police
Total – Closed Police Services Claims, YTD
Figure 22 - Number of Closed Police Services Claims, Q1 2017 (As of April 3, 2017)
Figure 3 - Value of Closed Police Services Claims, Q1 2017 (As of April 3, 2017)
2017 Labour and Employment Law Matters
In addition to the above civil litigation claims, the City Clerk and Solicitor Department is currently managing 15 active labour and employment law matters on behalf of the Police Services Board, with one new file opened in the first quarter of 2017. For the year to date, four Police Services files for Labour and Employment Law matters have been closed. No new labour and employment law matters were outsourced in the first quarter of 2017.
There were no significant issues to report in the first quarter of 2017.
As this report was administrative in nature, consultation was not required.
As presented in this report.
It is anticipated that the 2017 second quarter report will be presented to the Board at its July 2017 meeting.