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This Week's Issue

Lawyers say LAT has issues one year in

Alex Robinson - Monday, March 27, 2017

The Licence Appeal Tribunal is still experiencing growing pains a year into its mandate to adjudicate accident benefit disputes, lawyers say.
As the LAT approaches the end of its first year conducting the Automobile Accident Benefits Service, lawyers are voicing concerns over how the new resolution system has operated so far.

Among their concerns are the non-existence of costs awarded and the tribunal’s adjournment process, as well as the conduct of case conferences and hearings.

Some lawyers say the tribunal’s procedures are being followed too strictly, affecting the fairness of hearings.


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‘Road map’ on dealing with vexatious litigants?

Lawyers say a recent Federal Court of Appeal decision declaring a litigant vexatious will bring greater certainty to when and how lawyers should bring motions to curb frivolous litigation that is sucking up court resources.

Once-imprisoned lawyer could practise law in Ontario

A former lawyer from Florida, who spent two years in prison for a child pornography charge, is one step closer to acquiring a licence to practise law in Ontario.

Editorial: Not so vexatious

Justice David Stratas of the Federal Court of Appeal has delivered a balanced ruling on the thorny problem of vexatious litigants. As reported in Law Times, lawyers say the ruling litigant will bring greater certainty to when and how lawyers should bring motions to curb frivolous litigation.

Speaker's Corner: Criminal law out of step on HIV

While there remains no cure for HIV, available medications are effective at managing the virus. People living with HIV who have access to sustained treatment have more or less the same life expectancy as those who are HIV-negative. Knowledge of prevention strategies is also better than ever, and it is much harder to transmit HIV than generally supposed. For example, the risk of transmission is zero if a condom is used properly and no breakage occurs, and it’s negligible to zero if a person living with HIV is being successfully treated with antiretroviral medications.

Focus: What can be learned from Nortel case?

The Nortel bankruptcy demonstrates the need for an international insolvency treaty to settle jurisdictional issues when cross-border companies go under, according to a lawyer involved in the case.

Focus: Ruling rejects American-style doctrine

The American doctrine of equitable subordination could be on its last legs in Canada after the province’s top court refused to apply it in Companies’ Creditors Arrangement Act proceedings concerning the insolvency of Stelco, formerly known as U.S. Steel Canada.

Focus: Alberta case shows how to get stay lifted

A Toronto lawyer says an Alberta case provides lessons for lawyers across the country on how to get an automatic stay lifted to bring class actions against bankrupt individuals where fraud is alleged.

Focus: Canada and U.S. diverge on class participation

As the Republican Congress in the U.S. puts its weight behind a bill that will require class plaintiffs and class members to suffer identical injuries, thereby severely restricting participation in class actions, Canadian courts have once again affirmed that class members and their representatives do not need to have identical claims.

Inside Story

Monday, March 27, 2017

David A. Wright has been reappointed as chairman of the Law Society Tribunal for a four-year term, starting in September.

Wright was first appointed as the independent organization’s first full-time non-bencher tribunal chairman in 2013, as part of the Law Society of Upper Canada’s enhancements to its adjudicative process for discipline, licensing and other regulatory matters.

Under Wright’s leadership, a new scheduling process was established to maximize hearing date options and reduce vacated and continuation dates, said the LSUC in a press release.

A new, dedicated website was also developed to enhance transparency of tribunal proceedings.

To build the tribunal’s distinct identity, Wright and his team developed a set of core values for the organization: fairness, quality, transparency and timeliness, said the LSUC.

“I am extremely happy to be reappointed as tribunal chair and I look forward to continuing to build the Law Society Tribunal as a leader in the administrative...

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Law Times poll

A Law Times columnist says criminal law is out of step and argues there should be an immediate moratorium on HIV non-disclosure prosecutions, unless there is alleged intentional transmission. Do you agree?
Yes, the unjust criminalization of people living with HIV needs to change. The law has become more draconian even as HIV has become more manageable and as transmission risks decrease.
No, the law should remain as it is, and the Ministry of the Attorney General should not change its approach.