PIAC Report – Liability Waivers – An Accident Waiting to Happen?

OTTAWA – 30 December 2024 – The Public Interest Advocacy Centre (PIAC) today published its comprehensive report on consumer liability waivers. The report details the use of such waivers by businesses, largely in the sports, recreation and tourism industries against consumers pursuing otherwise well-founded legal actions for negligence for harms they suffer in such activities.

“Consumer liability waivers remove the right of nearly all Canadians to seek appropriate legal redress when they are injured or even killed while skiing, hiking, ziplining, trampolining, rock climbing and nearly every other type of recreational activity,” said John Lawford, Special Counsel to PIAC and co-author of the report. “In my over twenty years of advocacy I have never seen such an egregious and unnecessary tilting of the playing field against consumers,” he added.

PIAC’s report details how the law in all of Canada’s ‘common law’ based provinces (with the notable exception of Québec) and territories allow companies offering recreational, sporting and tourism services to completely disclaim any legal liability and possible payment of damages or other compensation to their customers, by use of a signed waiver or even a posted notice, even if the company is negligent and even if it admits its own failure to follow safe practice.

The report outlines the long and twisted history of the liability waivers in Canadian law, the banning of such waivers in many other countries, including the United Kingdom, upon which Canadian ‘common law’ and many statutes are based, and possible reforms to both the law and the regulation of the main sporting, recreational and tourism industries to ensure appropriate consumer compensation for injuries and fatalities suffered in these sectors.

A copy of the report, “Consumer Liability Waivers – An Accident Waiting to Happen?”, is available from the PIAC website. A French translation of an abridged version of the report is in preparation and will be posted as soon as it is available.

For more information, please contact:

John Lawford
Special Counsel to PIAC
Public Interest Advocacy Centre
(613) 562-4002
jlawford@piac.ca

— 30 —

PIAC Annual Dinner 2024 – Speaker: Vicky Eatrides, CRTC Chairperson and CEO – Limited Tickets Still Available – Musical entertainment by Moonfruits, with special guest, Tragedy Ann

OTTAWA, ON, November 20, 2024 – The Public Interest Advocacy Centre’s Annual Dinner will be held Thursday, November 28, 2024 at 6pm at the National Arts Centre in the Rossy Pavilion, overlooking downtown Ottawa.

Our Speaker

This year, the Dinner features remarks by Vicky Eatrides, Chairperson and Chief Executive Officer, Canadian Radio-television and Telecommunications Commission (CRTC). Ms. Eatrides was appointed to the CRTC in January 2023. She joined the federal public service in 2005 and held a number of senior executive positions at the Competition Bureau, Natural Resources Canada, and the Department of Innovation, Science and Economic Development. Ms. Eatrides held several leadership roles at the Competition Bureau over a twelve-year period, including Senior Deputy Commissioner in charge of enforcing criminal and civil provisions of the Competition Act. During her time at the arm’s-length organization, she developed expertise in telecommunications, broadcasting, and new technologies by leading merger reviews, civil and criminal investigations, and regulatory interventions. Dinner attendees will have the privilege of hearing the CRTC Chairperson’s addresses on consumer empowerment vs. consumer protection in communications.

Following the Chairperson’s remarks and a question or two, attendees will enjoy a delicious four-course dinner, prepared by the incomparable National Arts Centre chefs.

Musical Entertainment

During the remainder of the event, there will be door prizes and musical entertainment by Canadian Folk Music Awards-nominated bilingual band Moonfruits (moonfruits.ca) …

… with special guest, fellow folk music band Tragedy Ann (tragedyannmusic.com) !

Finally, PIAC will be presenting our annual consumer advocacy awards.

A limited number of individual tickets are still available for this collegial event which brings together key industry stakeholders and showcases some incredible speakers with important consumer perspectives concerning the world of regulated services. PIAC asks that any media identify themself and their media organization, ideally in advance.

To reserve one of the remaining individual tickets, kindly fill out the PDF form and return it to dbrady@piac.ca .

For further information, please contact PIAC at dbrady@piac.ca or call 613-562-4002.

We Fight for That podcast, Episode 32 – The Big Fix

PIAC has moved!

PLEASE NOTE, effective 1 November 2024, the Public Interest Advocacy Centre (PIAC) and the Public Interest Research Centre (PIRC) have moved to:

 

314-225 Metcalfe St
OTTAWA ON K2P 1P9
CANADA

 

Our phone number remains: 613-562-4002

We thank you in advance for updating your records.

If you have any questions or concerns, please contact Donna Brady, Office Administrator, at: dbrady@piac.ca

 

PIAC Annual Dinner – Thursday, 28 Nov 2024; Speaker: Vicky Eatrides, CRTC Chairperson and Chief Executive Officer

OTTAWA – 18 October 2024 – FOR IMMEDIATE RELEASE

PIAC Annual Dinner, Speaker: Vicky Eatrides, CRTC Chairperson and Chief Executive Officer
THURSDAY, November 28, 2024 at 6 p.m. (eastern time)
National Arts Centre (Rossy Pavilion)

To purchase an individual ticket, please fill out the linked PDF form and return it, ideally by Monday, November 18, 2024, to Donna Brady: dbrady@piac.ca

To sponsor a corporate table, please email Donna Brady: dbrady@piac.ca for details. Our corporate sponsors and their logos will appear at this space shortly, as they join in supporting PIAC.

About the Event

The Public Interest Advocacy Centre is thrilled to announce our Annual Dinner 2024, to be held on Thursday, November 28, 2024 at 6 p.m. at the National Arts Centre in the Rossy Pavilion. Registration is now open and details can be found below.

PIAC’s Annual Dinner has a longstanding tradition of being a highlight of the year for advocates, regulators, responsible corporations and students alike. We even often welcome a politician or  exceptional community leaders to discuss issues of consumer protection in Canada at an incredible venue – the Rossy Pavilion at the National Arts Centre.

The Venue – National Arts Centre, Rossy Pavilion, 1 Elgin Street, Ottawa

The National Arts Centre is located in the heart of downtown Ottawa. Our dinner will be hosted in the Rossy Pavilion which features views of Parliament and the historic War Memorial through stunning floor-to-ceiling windows, providing a beautiful backdrop for the evening’s events. In keeping with the formality of the venue, we ask that guests attire in business casual.

Our Speaker: Vicky Eatrides, Chairperson and Chief Executive Officer, Canadian Radio-television and Telecommunications Commission (CRTC)

In addition to a multitude of wonderful guests and a beautiful venue, this year, we will have the pleasure of hearing an address from Vicky Eatrides, Chairperson and Chief Executive Officer, Canadian Radio-television and Telecommunications Commission (CRTC). Ms. Eatrides was appointed to the CRTC in January 2023. She joined the federal public service in 2005 and held a number of senior executive positions at the Competition Bureau, Natural Resources Canada, and the Department of Innovation, Science and Economic Development. Ms. Eatrides held several leadership roles at the Competition Bureau over a twelve-year period, including Senior Deputy Commissioner in charge of enforcing criminal and civil provisions of the Competition Act. During her time at the arm’s-length organization, she developed expertise in telecommunications, broadcasting, and new technologies by leading merger reviews, civil and criminal investigations, and regulatory interventions..

The Dinner

Following Ms. Eatrides remarks, attendees will enjoy a four-course dinner. Dinner will be accompanied by a beverage of choice, and there will be a cash bar available throughout the evening.

There will also be opportunities to enter to win various door prizes throughout the evening. While this event is an opportunity to showcase our incredible speaker who will be providing important consumer perspectives concerning the world of regulated services, this collegial event is also a unique opportunity to bring together industry stakeholders who may also be opponents from time to time in matters of regulatory or industry policy.

The Music – Moonfruits

Both during cocktail hour and during dessert, we will be enjoying live music provided by the exciting Canadian bilingual folk band Moonfruits – who will be playing songs from their large repertoire of original songs. PIAC is pleased to support Canadian artists and content! More on the band, soon.

Consumer Advocacy Awards

During the event, PIAC will also be announcing recipients of its two new annual consumer advocacy awards: the Harry Gow Award for outstanding advocacy in transportation, competition and essential services; and the Ken Rubin Award for outstanding advocacy in privacy, access to information and civic participation.

Come Celebrate PIAC – We Need You!

PIAC has been active in the area of consumer advocacy for over 40 years. Our small team represents consumer interests in the provision of important regulated services on behalf of consumers, and in particular vulnerable consumers. Our staff will be participating and will bring attendees up to date on PIAC’s extensive consumer protection work. The Annual Dinner provides some modest fundraising to support the important work that we do. We very much appreciate your support of our mission to protect consumers and in particular, vulnerable consumers.

We sincerely hope that you will join us for this evening of great conversations, great speakers and great prizes in the beautiful Rossy Pavilion in downtown Ottawa. Registration is now open for individual tickets and corporate sponsored tables.

WIN FOR INTERNATIONAL AIR TRAVELLERS – SUPREME COURT OF CANADA RULES ON COMPENSATION

OTTAWA – October 4, 2024 — The Supreme Court of Canada (SCC) has ruled international passengers flying to and from Canada have the right to access compensation under Canada’s Air Passenger Protection Regulations. The SCC has ruled that compensation under the Regulations is available in addition to the individual claim structure available under the Montreal Convention, an international treaty covering international air travel compensation. The International Air Transport Association and several airlines had argued the only avenue of compensation was that under the Montreal Convention.  The SCC disagreed and said the two compensation systems can exist in parallel.

This is a major victory for Canadian consumers, according to the Council of Canadians with Disabilities, the National Pensioners Federation, and the Public Interest Advocacy Centre.  The coalition intervened in the case, which was brought by a group of airline associations and Canadian and international carriers against the Canadian Transportation Agency and the Attorney General of Canada.

They argued before the Supreme Court that the standardized remedies in the Air Passenger Protection Regulations do not fall within the scope of the individualized damages in the Montreal Convention. The Court instead found that the two regimes do not conflict and can coexist, playing complementary roles in protecting consumer interests.

The coalition spoke out in support of all Canadian travellers, including many travellers who are not only inconvenienced by disruptions such as delays of lost baggage but also are often harder hit due to disability, economic insecurity, or similar situations.  The Canadian regulations offer set compensation amounts which can be accessed through filing a simple claim with the airline.  This set of regulations provides standardized and timely compensation for the immediate, serious and stressful impact of flight disruptions on all consumers.

In maintaining the right of consumers to seek standardized compensation under the federal Regulation, the SCC’s ruling does not take away the ability of consumers to seek individualized remedies under the Montreal Convention, for example to cover expenses such as specialized equipment if lost or damaged. While being able to seek higher amounts to cover expenses, this type of claim is a more complex and lengthier process with evidentiary requirements.

Having both avenues of compensation accessible to Canadians is a win as passengers can be more fairly compensated for true personal loss in a flight disruption.

While this decision is good news for Canadian consumers, more work still needs to be done to improve transparency in the decision-making process at the Canada Transportation Agency, to address backlogs in accessing compensation under the Regulations, and to review the levels of compensation available to consumers.

This coalition was represented by Katrine Dilay and Chris Klassen of the Public Interest Law Centre (Legal Aid Manitoba) and Professor Marina Pavlovic.

Please see our backgrounder on the legal findings in the decision.

-30-

Media Inquiries

John Lawford

Public Interest Advocacy Centre

613-447-8125

Trish McAuliffe

National Pensioners Federation

905-706-5806

Yvonne Peters

Council of Canadians with Disabilities

204-794-7902

PIAC announces leadership change

OTTAWA, October 1, 2024 – The Public Interest Advocacy Centre (PIAC) announces the appointment of Geoff White as Executive Director and General Counsel, effective today.

“I am honoured to take on this role, albeit at a very challenging time for consumers, and groups that represent their interests”, said White. “Across the board, Canadians are struggling to access and afford essential services and goods: housing and fair credit, energy, internet service, food, transportation, privacy and healthcare.”

John Lawford, after 21 years of dedicated service to PIAC, will be moving into the role of Special Counsel with PIAC as he transitions to the next stage in his career.

“It has been an honour and privilege to advance consumer rights and the public interest at PIAC. I am so pleased that Geoff will lead PIAC to important wins and many more honest fights that we will have to help Canadians in their everyday lives,” added Lawford.

“For over two decades John has been the heart and soul of PIAC and has created a legacy of important consumer protections for Canadians”, said Harry Gow, Chair of the PIAC Board of Directors. “On behalf of our Board, we express our sincerest gratitude to John, and we look forward to new directions with Geoff’s leadership.”

PIAC will honour Mr. Lawford at its Annual Dinner 2024 on November 28 at the National Arts Centre.

About Geoff White

Geoff White previously served as the Executive Director and General Counsel of the Competitive Network Operators of Canada, where he championed the interests of competitive telecom service providers. Other mandates include Director and Regulatory Counsel for the Commission for Complaints for Telecom-television Services, External Counsel to PIAC, and Counsel and Senior Regulatory Analyst at MTS Allstream.

Geoff has taught Communications Law at the University of Ottawa’s Faculty of Common Law and served as an advisor to the Broadcasting & Telecommunications Legislative Review Panel.

Geoff holds a BA from McGill University, a JD and MBA from the University of Windsor, a BCL from Oxford, and the ICD.D designation from the Institute of Corporate Directors. He is an active member of the Board of Directors for Firefighters Without Borders and has previously contributed to the Board of Directors of the CCTS. He also works as an on-call firefighter for the Municipality of Chelsea.

About PIAC

PIAC is a national not-for-profit corporation and a federally registered charity that advocates for Canadian users of essential services in industries such as telecommunications, energy, financial services, privacy and transportation.

For more information:

@CanadaPIAC

gwhite@piac.ca

jlawford@piac.ca

https://www.piac.ca

— 30 —

Save the Date – PIAC’s Annual Dinner 2024!

PIAC’s Annual Dinner will be held Thursday, 28 November 2024, at the Rossy Pavilion, National Arts Centre – save the date!

We are excited to announce our Guest Speaker is Vicky Eatrides, Chairperson and Chief Executive Officer, Canadian Radio-television and Telecommunications Commission (CRTC).

Please watch this space in the coming days for information on ordering tickets and a reveal of a special musical guest.

Public Interest Articling Position Funded by the Law Foundation of Ontario

Description for Public Interest Articling Position Funded by the Law Foundation of Ontario

Name and Location of Organization:  Public Interest Advocacy Centre (PIAC)
2-285 McLeod Street, Ottawa, ON, K2P 1A1

For Articling Year: 2025-2026

Deadline for Application: May 28, 2024 at 5:00 p.m. (EDT)
Interviews the weeks of: June 3, 2024 and if necessary, week of June 10, 2024

Offers will be made: June 20, 2024 at 8:00 a.m. (EDT)

Description of Organization and Areas of Law: The Public Interest Advocacy Centre (PIAC) was federally incorporated in 1976 as a non-profit corporation and has charitable status for tax purposes. The organization’s purpose is to provide representation, research and advocacy on behalf of those elements of the public interest that would otherwise be unable to be adequately heard before courts, tribunals, and decision-makers. PIAC has tried to focus its mandate on issues arising from the delivery of important public services including telecommunications, broadcasting, competition law, energy, financial services, and transportation. PIAC seeks to represent and advocate on behalf of ordinary consumers, in particular vulnerable consumers, concerning the rates, policies, rules and regulations associated with the delivery of these services with a view to ensuring principles of access and affordability and fair treatment for the constituencies it tries to serve. PIAC’s work takes a variety of forms. First, the lawyers of PIAC represent organizations whose membership serves our target constituencies before boards and tribunals where the industries delivering such services are regulated. These organizations include ACORN Canada, the Vulnerable Energy Consumers Coalition, the Consumers Association of Canada, the Ontario Society of Senior Citizens Organizations (OSSCO), National Pensioners Federation (NPF), Option consommateurs (OC), l’Union des consommateurs (UC), and Open Media among others. PIAC’s most significant commitments for such representation occur before the Canadian Radio-television and Telecommunications Commission (CRTC) and the Ontario Energy Board (OEB) where PIAC lawyers are full participants in administrative proceedings including the presentation of evidence and the making of written and oral submissions.

Because the delivery of the public services touches upon consideration of other important legal and policy matters, PIAC has also developed expertise and is frequently involved in funded and unfunded work (approximately 20% of PIAC’s work is unfunded) representing its constituencies in competition law and practice, electronic commerce, privacy, multilateral agreements, and general issues of consumer protection. PIAC carries out its work outside the hearing room in numerous ways. Its extensive studies and reports associated with the above are published and distributed to policy makers and the general public through its web site. PIAC staff participates in discussions with government officials, other industry stakeholders, other public interest communities, as well as groups representing its own constituencies to attempt to secure rights, rules, policies or consensus that will advance the interests of the communities that PIAC serves. PIAC frequently attends before parliamentary and legislative committees to pursue these same goals in legislation. Finally, PIAC’s staff are active in traditional and online media to present a coherent defense of those communities’ position when the delivery of important public services is in issue.

Description of Responsibilities:

• Resume
• Cover Letter
• Undergraduate transcripts
• Law School Transcripts
• Letters of reference (2)

Applications should be addressed to:

John Lawford
Executive Director and General Counsel

Public Interest Advocacy Centre
2-285 McLeod Street, Ottawa, ON, K2P 1A1

Email to: dbrady@piac.ca

** Please note: we no longer accept faxed applications.

Students will be interviewed during the week of June 3, 2024 and, if necessary, the week of June 10, 2024 with a view to extending an offer on June 20, 2024.

This position has been made available through The Law Foundation of Ontario Public Interest Articling Fellowships program.

 

Verify, don’t trust, your cellphone company

Media Release

Verify, don’t trust, your cellphone company

CCTS Report Documents increasing wireless complaints