CDL

Policies

CDL Mission Statement: CDL is a voice and a resource for civil defence lawyers through networking opportunities, a national perspective and quality defence-specific education.


CDL Policies

Acceptable Use
Diversity
Intervenor
Sister Associations
Privacy
Editorial
Canadian Anti-Spam Legislation (CASL)
AODA

 

Acceptable Use

Membership in CDL Implies Acceptance of this Policy

The Forum is limited to civil-defence law-related matters. Questions and information should be directly related to the purpose of this association. Please do not forward jokes, chain letters, political commentary, commercial or self-promotional posting, or other unrelated information. Personal attacks, put-downs, and swearing are not acceptable. Double entendres, humor, cynicism, or slang usage should be used only with great caution. Do not post material that can be considered unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way.

If another person posts a comment or question that is off the subject, do NOT reply to the posting and keep the off-subject conversation going publicly.

Before posting to the forum asking for information and/or opinions, take the time to do some initial research on the topic.

Use the subject line in your posting. Make sure the title is clear, concise and descriptive referring both to your province and the specific information request.

Reply to postings only if you can answer a query with specific information, rather than your surmises of what the law might be.

Only post your reply to the forum if you feel it is appropriate for all subscribers to read your response. It is often better to respond by contacting the sender directly, rather than replying via the forum. A response along the lines of “me too” is unedifying and does not aid discussion. The use of “me too” responses to the forum is discouraged as well as: requests for copies of offered materials; very specific replies to questions that are not likely to be of general interest; and individual “thank yous”.

Include your name, telephone number and email address at the end of your message so that other members will know who you are and can contact you directly if appropriate.

If you will be out of the office for a period of time and use an automatic “out of office” message, please configure your “out of office” message to NOT respond to messages from the forum.

Do not assume confidentiality in any discussions.

You must not post or transmit any information or software which contains a virus, trojan horse, worm, or other harmful component.

Your redistribution, electronically or otherwise, of the material posted by other members is not permitted without the express written permission of that member. You must not forward any forum postings to non-members.

CDL reserves the right to edit or delete all posted messages it considers inappropriate, or to deny access to the forum to anyone who violates these terms and conditions.

Users of the CDL forum also must comply with all provincial and federal copyright, trademark and patent laws and regulations.

Diversity

Diversity is a core value at CDL and fundamental to the success of the association. We embrace the benefits and contributions that the perspectives, backgrounds, cultures, and life experiences that a diverse membership provides. Inclusiveness is a valuable means to increase the diversity of CDL’s membership and leadership positions. CDL encourages all defence organizations to promote diversity and inclusion in their membership and leadership.

Intervenor

  1. Intervention may be considered at the request of a member or by the Board of its own motion.

  2. In either case it should be considered as far in advance of the date for intervening or seeking leave to intervene as practical and only by exception less than 60 days before materials must be filed.

  3. CDL will intervene only where the intervention would constitute a significant contribution to the consideration of the issue(s) involved, and only when the position sought to be advanced is a matter of compelling interest or special significance to the civil defence bar or the client industry. If the issue(s) to be addressed are not of national significance, CDL may intervene in matters of local or regional concern provided that the national focus of CDL is taken into account when deciding whether to intervene, and provided that the position sought to be advanced in the intervention otherwise meets the requirements of this policy.

  4. Intervention at first instance should arise infrequently.

  5. In considering whether to intervene, the following shall be considered:

    -  available material/information about the intervention,
    -  whether it has been demonstrated that the matter is of compelling interest or special significance to the civil defence bar or the client    industry at the national, local or regional level,
    -  whether the importance of and need for CDL’s involvement is demonstrated, and
    -  whether there are any reasons CDL should not intervene, including the expenditure of time or resources, reputational risk, or otherwise.

  6. Following consideration by the Intervenor Committee, requests to intervene will be placed on the agenda of the next Board of Directors meeting. Where time constraints require consideration before the next Board meeting, the Chair of the Intervenor Committee may request a decision by the Executive Committee.

  7. When providing the Board or Executive Committee with materials, the Intervenor Committee will provide its recommendation as to whether CDL ought to intervene. The Board or Executive Committee will consider, but is not bound by, the recommendation.

  8. CDL may maintain a voluntary list of members willing to act essentially pro bono in all provinces, but the Board retains full unfettered discretion to select counsel of its choice, whether they are on the list of volunteers or not.

  9. Any written submissions must be reviewed by the committee or its nominee before it is filed and with sufficient time to allow for meaningful comment and amendment. Nothing that the committee or its nominee does not approve may be filed or argued by counsel.

  10. Cost must be strictly controlled. CDL should have a cap, in a very low amount, as to the maximum it will disburse with respect to any intervention. An amount for first purposes should be $3,000. The purpose of the funding is not to pay counsel for time but to assist in offsetting disbursements.

  11. CDL may, rather than intervene directly, decide to lend official support (including financial support) within the guidelines set out in this policy to other intervenors.

     

Sister Associations

CDL supports other professional organizations representing lawyers and their clients and encourages cooperation with them on initiatives of mutual benefit that will add value to CDL's members.

Privacy Policy

CDL is committed to protecting the privacy of personal information of its members, sponsors, event participants, and all users of its services. This privacy policy provides information on CDL’s practices concerning the collection, use and disclosure of personal information and to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). This policy also supports CDL’s compliance with the Canadian Anti-Spam Legislation (CASL), taking effect July 1, 2014.

Defining Personal Information

Personal information is any information about an “identifiable individual” that can be used to distinguish, identify or contact a specific individual. Business contact information that is publically available through published directories, websites or on a business card is not considered personal information.

Collection of Personal Information

CDL collects no personal information about you unless you choose to provide it. CDL does retain information about your transaction history with the association (i.e. membership, registration at events, leadership involvement).

CDL Website

A visitor to the CDL website is not required to reveal any individually identifiable information, nor is the information collected passively by electronic means. We do collect statistical data about website visitors that is available only in aggregate form.

Use of Information

CDL does not share its membership list with third parties, nor offer it for purchase. CDL may, on occasion, advise its members of activities by third parties deemed to be of interest, the dissemination of which will comply with CASL. Attendee lists at CDL events are compiled and available to all attendees at that specific event.

Security of Information

CDL endeavours to maintain appropriate safeguards and technical security with respect to storage of data. To ensure the integrity and privacy of personal and credit card information passed to CDL via online transactions, CDL has obtained a SSL Server Certificate – the industry standard with the strongest level of 128-bit encryption. Hard copies of financial data, including payment information, are stored in the CDL office and maintained by staff. Financial records are shredded in a timely manner, subject to Canada Revenue Agency guidelines on record-keeping.

Editorial Policies

CDL Editorial Guidelines (Claims Canada)

Editorial Policy

Editorial content submitted to Canadian Defence Lawyers (“CDL”) shall adhere to the guidelines set out in this policy. Articles will be vetted by CDL to ensure they adhere to these guidelines.

Introduction

CDL is a national organization comprised of members of the defence bar.  Our focus is to address issues of importance to our members, as well as to members of the broader defence community such as claims adjusters, claims managers, risk managers and subject experts.

CDL actively publishes articles that address issues relevant to our members.  CDL publishes the Hearsay quarterly newsletter.  CDL also provides content for each issue of Claims Canada, a national publication directed at independent loss adjusters, claims managers, risk managers, and various other members of the insurance and risk management industries.

Content

Claims Canada is a national publication distributed to independent loss adjusters (all members of Canadian Independent Adjusters Association), claims managers and various members of the insurance and risk management industries. Articles are focused on trends and issues related to property (including auto) and liability insurance topics, such as claims, loss trends legal developments and case law.

CDL has an agreement with Claims Canada to provide an article for each issue. The article must be national in focus, avoiding strictly local legal matters unless they are likely to have an impact in other provinces. Articles must be consistent with CDL’s general outlook (i.e. defence-oriented content) and is vetted by the Editorial Committee for that purpose. CDL reserves the right to withhold an article.

Though not necessarily required in every case, CDL is primarily interested in articles that provide commentary on an issue, rather than simply a summary of the law.

Requirements

All articles must accurately state the law discussed in the article.  All statutes and cases must be quoted with 100% accuracy, with proper citations as per the Canadian Guide to Uniform Legal Citation.

Content that focuses on regional issues such as local Rules of Civil Procedure, provincial legislation, or regional decisions, without a clear national application, generally will not be considered.

Articles should be submitted with a title along with the author’s name, law firm or organization, and a brief biography of the author.  Please also include a photograph to be appended to the article.

Articles should be approximately 1,200 words.  In all circumstances, they should be no more than 1,300 words and no less than 1,000 words.

Authors should write in the third person.  Articles written in the first or second person are discouraged.

Wherever possible, articles should be written in plain English and overly technical or legal language should be avoided wherever possible. That being said, prospective authors can assume that the audience is generally knowledgeable about the insurance industry and can avoid explaining basic insurance concepts.  Though the Claims Canada readership is knowledgeable about insurance law generally, most legal concepts should be accompanied by some explanation.

Timely submission of articles is essential.  When an author contacts CDL with interest in submitting an article for consideration, they will be provided with a deadline by which that article is due.  Failure to adhere to such a timeline may result in the article not being considered.

Articles that engage in inflammatory, derisive, or abusive language towards an individual or organization will not be considered.

CDL Editorial Guidelines (Hearsay)

Editorial Policy

Editorial content submitted to Canadian Defence Lawyers (“CDL”) shall adhere to the guidelines set put in this policy.  Articles will be vetted by CDL to ensure they adhere to these guidelines.

Introduction

CDL is a national organization comprised of members of the defence bar.  Our focus is to address issues of importance to our members, as well as to members of the broader defence community such as claims adjusters, claims managers, risk managers and subject experts.

CDL actively publishes articles that address issues relevant to our members. This includes Hearsay, a quarterly newsletter published by CDL.  CDL also provides content for each issue of Claims Canada, a national publication directed at independent loss adjusters, claims managers, risk managers, and various other members of the insurance and risk management industries.

Content

Content submitted to CDL for consideration should address topics of interest to our members.  This includes topics relating to the defence of civil actions, with a strong focus on insurance law.

CDL is specifically interested in:

case comments on recent decisions;
analysis of changing areas of law;
strategies, best practices or professionalism in a defence-oriented legal practice.

Though not necessarily required in every case, CDL is primarily interested in articles that provide commentary on an issue, rather than simply a summary of the law, issue or decision.

Although CDL is a national organization, content for Hearsay does not need to have a national focus.  Regional content is encouraged so long as it addresses issues of importance to our members.  However, where the content addresses an issue specific to a certain jurisdiction (e.g. local Rules of Civil Procedure, province specific legislation, etc.), some explanation of the background to the issue is encouraged.

Requirements

All articles must accurately state the law as it relates to issues discussed in the article.  All statutes and cases must be quoted with 100% accuracy, with proper citations as per the Canadian Guide to Uniform Legal Citation.  Wherever possible, cases should be cited using dual citations, with at least one neutral citation.

Articles should be submitted with a title along with the author’s name, law firm or organization, and a brief biography of the author.

There is no specific minimum or maximum article length, though articles should generally be more than 500 words and less than 1,300 words.

Authors should write in the third person.  Articles written in the first or second person are discouraged.

Wherever possible, articles should be written in plain English and overly technical or legal language should be avoided where possible.  That being said, prospective authors can assume that the audience is generally knowledgeable about the law and can avoid explaining basic legal concepts, though legally matters of a regional nature should be accompanied by some explanation to provide background and context.

Timely submission of articles is essential.  When an author contacts CDL with interest in submitting an article for consideration, they will be provided with a deadline by which that article is due.  Failure to adhere to such a timeline may result in the article not being considered.

Articles that engage in inflammatory, derisive, or abusive language towards an individual or organization will not be considered.

Canadian Anti-spam Legislation (CASL) Policy

CDL is CASL compliant

Any message from CDL must:

Unsubscribe Mechanisms

Must be easy to spot and use - group email from staff has a clear signature at the bottom which identifies the sender and includes the wording “To unsubscribe just reply to this email with Unsubscribe in the subject. Unsubscribe requests can take up to two weeks to process”

Must take effect within 14 days after an unsubscribe request is received -  processed by CDL staff

May direct recipient to a separate website to process the request -  currently unsubscribe request are performed manually by staff

Consent

Implied consent applies to CDL in the following ways:

Express consent is obtained by CDL in the following ways:

Accessibility Standards (AODA)

Canadian Defence Lawyers is committed to excellence in serving all customers including people with disabilities.

Assistive devices: we will ensure our staff are familiar with various assistive devices that may be provided upon request by customers with disabilities when accessing our services.

Communication: we will communicate with people with disabilities in ways that take into account their disability.

Service animals: we welcome people with disabilities and their service animals, and ensure our services are provided in venues that do the same.

Support person: a person with a disability who requires a support person will be allowed to have that person accompany them to our programs at no additional charge.

Notification of temporary disruption: In the event of a planned or unexpected disruption to our services for customers with disabilities, we will notify customers promptly.

Training: CDL will provide accessible customer service training to our employees, volunteers and others who deal with the public or other third parties on our behalf.

Feedback process: Customers who wish to provide feedback on the way CDL provides services to people with disabilities can contact the Executive Director via email or regular mail. The Executive Director will respond to the feedback within 10 business days.