OTTAWA POLICE SERVICES BOARD

COMMISSION DE SERVICES POLICIERS D’OTTAWA

 

The Trusted Leader in Policing

Le chef de file de confiance dans la police

REPORT

RAPPORT

 

DATE                              28 July 2014

 

TO/DEST.                       Executive Director, Ottawa Police Services Board

 

FROM/EXP.                   Board Solicitor

 

SUBJECT/OBJET         LEGAL SERVICES STATUS REPORT - SECOND QUARTER 2014

 

 

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 second quarter of 2014.

 

Ottawa Police Service
2014 Second Quarter Costs of Legal Services

 

Item

       Q1          Q2             Q3            Q4

Internal Costs

$68,845     $  52,325

External Costs

$  1,694     $103,235

Disbursements

$  3,728     $  10,522

Total, Quarter

$74,267     $166,082

Total, YTD

$74,267     $240,349

DISCUSSION

 

2014 Budget

 

The Police Services Board has allocated $328,100 for the provision of legal services in 2014.   At the completion of the second quarter $240,349 or approximately 73% of the budget was spent.  The adjacent 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.

 

 

 

Type of Claim

Number

Breach of Charter Rights

2

Breach of Contract

1

Employment/Labour

1

Error and Omission

2

Excessive Force/Assault

13

False Arrest

18

Family Law Act

1

Malicious Prosecution

3

Motor Vehicle Accident

6

Negligence/Negligent Investigation

8

Personal Injury

7

Property Damage

2

Seizure of Personal Property

1

Trespassing

1

2014 Litigation Claims

 

Six Statements of Claim were received on behalf of the Police Services Board in the second quarter of 2014.  Currently there are 65 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 61 claims are assigned to various in-house Legal Counsel.  The adjacent 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.  


2014 Non-Litigated Claims

 

During the second quarter of 2014, seven new claims were received by the Claims Unit.  Of these claims, one was denied and closed, three remain open, and three remain open and have become litigation.

 

The following chart reflects the total number of claims currently open involving the Ottawa Police Services Board, as of the end of the second quarter 2014.  As of July 9, there were fifteen open non-litigated claims.


 

All Open Claims - Police Services - As of July 9, 2014

Claim Type

Number of Claims

City Vehicle Hitting Pedestrian/Cyclist – AB

1

City Vehicle Hitting Pedestrian/Cyclist – No AB

1

Damage/Injuries - Arrest/Detainment

4

Emergency Vehicle Responding – No AB

1

Loss/Damage TP Property in our CCC

1

MVA, Accident Benefits – AB

3

Police Pursuits – No AB

1

TP Property Damage from Employee Actions

1

TP Property Damage/Loss (Limited Use)

1

Vehicle Towing/Impounding

1

Total Number of Open Claims - Police Services

15

 

TP = Third Party; MVA = Motor Vehicle Accident; AB = Accident Benefits; BI/PD = Bodily Injury/Property Damage

 

During the second quarter of 2014, two claims were closed by the Claims Unit.  Of these claims, one was denied and one was paid.

 

The total 12, non-litigated claims, closed for the year-to-date at the end of the second quarter had a total of $3,744.90 paid out in compensation.  Below is the summary for number of claims and amount paid for each claim type.

 

Closed Police Services Claims

Date Closed Between January 1, 2014 and June 30, 2014

as of July 9, 2014

Claim Type

Number of Claims

Paid Sum

Damage/Injuries – Arrest/Detainment

1

$0.00

Injuries From City Animals

1

$0.00

No Known City Involvement

1

$918.00

Police Pursuits – No AB

1

$800.40

Property Damage – Forced Entry By Police

2

$250.00

Slip and Fall

1

$0.00

T/P Property Damage From Employee Actions

1

$0.00

T/P Property Damage/Loss (Limited Use)

2

$1,290.60

Vehicle Towing/Impounding

2

$485.90

Total - Closed Police Services Claims

12

$3,744.90

2014 Labour and Employment Law Matters

 

In addition to the above civil litigation claims, the City Clerk and Solicitor Department is currently managing 60 labour and employment law matters on behalf of the Police Services Board, with three new claims received in the second quarter of 2014.  Most 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 second quarter of 2014.

 

CONSULTATION

 

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

 

FINANCIAL STATEMENT

 

As presented in this report.

 

CONCLUSION

 

It is anticipated that 2014 third quarter report will be presented to the Board at its October 2014 meeting.

 

 

(Original signed by)

 

M. Rick O’Connor

Board Solicitor