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 April 2013

 

TO/DEST.                       Executive Director, Ottawa Police Services Board

 

FROM/EXP.                   Board Solicitor

 

SUBJECT/OBJET         LEGAL SERVICES STATUS REPORT:  FIRST QUARTER 2013

 

 

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 first quarter of 2013.

 

 

Ottawa Police Service
2013 First Quarter Costs of Legal Services

 

Item

       Q1               Q2             Q3            Q4

Internal Costs

$74,876

External Costs

$  2,902  

Disbursements

$  4,471

2013 Total

$82,249

DISCUSSION

 

2013 Budget

 

The Police Services Board has allocated $328,900 for the provision of legal services in 2013 – an increase of $15K over 2012.  At the completion of the first quarter $82,249 or approximately 25% of the budget was spent.  The adjacent chart sets out expenditures for the entire year (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. 

 

 

 

Type of Claim

Number

False Arrest

28

Seizure of Personal Property

  0

Breach of Charter of Rights

  5

Personal Injury

  4

Excessive Force/Assault

 12

Malicious Prosecution

  1

Negligence/Negligent Investigation

  5

Vehicle/Property Damage

  0

Trespassing

  1

Perjury

  0

Other

 10

Motor Vehicle Accident

 12

2013 Litigation Claims

 

Two Statements of Claim were received on behalf of the Police Services Board in the first quarter of 2013.  Currently there are 78 outstanding claims/notices of claim against the Board.  Six 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 72 claims are assigned to various in-house Legal Counsel.  Twelve 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.  Beginning with Q1 2013, Legal Services will be 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 this quarterly report will provide a more accurate summary of all outstanding litigation affecting the Board.  

 

Type of Matter

Number

Termination

  1

Workplace Safety & Insurance Board

14

Ontario Human Rights Complaint

16

Other

  8

2013 Labour and Employment Law Matters

 

In addition to the above civil litigation claims, the City Clerk and Solicitor Department is currently managing 39 labour and employment law matters on behalf of the Police Services Board, with one new claim received in the first quarter of 2013.  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 in the first quarter of 2013.

 

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 second quarter report for 2013 will be presented to the Board at its July 2013 meeting.

 

 

(Original signed by)

 

M. Rick O’Connor

Board Solicitor