OTTAWA POLICE SERVICES BOARD

COMMISSION DE SERVICES POLICIERS D’OTTAWA

 

Working together for a safer community

La sécurité de notre communauté, un travail d’équipe

REPORT

RAPPORT

 

DATE                              22 October 2012

 

TO/DEST.                       Executive Director, Ottawa Police Services Board

 

FROM/EXP.                   Board Solicitor

 

SUBJECT/OBJET         LEGAL SERVICES REPORT:  THIRD QUARTER 2012

 

 

RECOMMENDATION

 

That the Ottawa Police Services Board receive this report for information.

 

BACKGROUND

 

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 two law firms for the provision of external legal services.  The new SSO was negotiated for the period 2011-2014 and provides for very 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 third quarter of 2012.

 

 

 

 

 

 

Ottawa Police Service
2012 Third Quarter Costs of Legal Services

 

Item

       Q1               Q2             Q3            Q4

Internal Costs

$66,810      $ 40,785      $ 50,475  $

External Costs

$17,819      $100,798     $   8,993   

Disbursements

$  5,154      $   2,019      $   2,076 

2012 Total

$89,783      $143,602     $ 61,544

DISCUSSION

 

2012 Budget

 

The Police Services Board has allocated $313,900 for the provision of legal services in 2012. At the completion of the third quarter, $294,929 or approximately 94% of the budget was spent.  The adjacent chart sets out expenditures for the third quarter (rounded out for space purposes).  The third quarter costs reflect the significant staff time devoted to representing the Board, both at trial as well as at mediations, discoveries and settlement conferences.  The external legal costs for all three quarters are with respect to two matters:  a Human Rights Tribunal case and a matter involving a pension dispute arising out of the transfer of Ontario Provincial Police officers to the then Ottawa-Carleton Regional Police Force, in and around 1998.  In light of the legal costs incurred to date as well as anticipated hearings, mediations and case management on behalf of the Board, a deficit of approximately $60K is forecasted for year end. 

 

 

 

Type of Claim

Number

False Arrest

28

Seizure of Personal Property

  0

Breach of Charter of Rights

  5

Personal Injury

  3

Excessive Force/Assault

 10

Malicious Prosecution

  2

Negligence/Negligent Investigation

  5

Vehicle/Property Damage

  2

Trespassing

  1

Perjury

  0

Other

  12

2012 Litigation Claims

 

Seven Statements of Claim were received on behalf of the Police Services Board in the third quarter of 2012, one of which has been concluded with the matter being dismissed.  Currently there are 68 outstanding claims/notices of claim against the Board.  Four 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 64 claims are assigned to various in-house Legal Counsel.  Eleven claims are at the mediation stage and/or are awaiting Settlement Conference dates.  The adjacent list sets out the number of current litigated claims by category or type. 

 

Type of Matter

Number

Termination

  1

Workplace Safety & Insurance Board

14

Ontario Human Rights Complaint

16

Other

  3

2012 Labour and Employment Law Matters

 

In addition to the above civil litigation claims, the City Clerk and Solicitor Department is currently managing 34 labour and employment law matters on behalf of the Police Services Board, with three new claims received in the third quarter of 2012.  The adjacent list sets out the number of current labour and employment law matters by category or type.  All of the labour and employment law matters are assigned to in-house Legal Counsel.

 

SIGNIFICANT ISSUES

 

There were no significant issues to report during the third quarter.

 

CONSULTATION

 

As this report was administrative in nature, consultation was not required.

 

FINANCIAL STATEMENT

 

As presented in this report.

 

CONCLUSION

 

It is anticipated that the fourth quarter report for 2012 will be presented to the Board at its February 2013 meeting.

 

 

 

(Original signed by)

 

M. Rick O’Connor

Board Solicitor