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Monday, May 20, 2013

NEW REGIONAL SENIOR JUDGE APPOINTED

Justice Hugh Lloyd Fraser will become the new regional senior judge for the east region of the Ontario Court of Justice this summer, the province announced last week.

Fraser replaces Justice Lise Maisonneuve in the role. He starts his new position on July 25, according to the Ministry of the Attorney General. That’s the same day Maisonneuve becomes the court’s associate chief justice.

Fraser became a judge in 1993. As a regional senior judge of the Ontario Court of Justice, Fraser will exercise the power of the chief justice in his assigned region. These duties include scheduling court hearings and assigning cases to judges.

TORYS INVESTS IN BB10

Torys LLP lawyers will be brandishing BlackBerry Z10 and BlackBerry Q10 smartphones by this summer as the firm announced it has invested in the newest models of the Canadian brand.

Torys, a long-standing BlackBerry customer, announced last week it’s looking forward to rolling out the new smartphones.

“Torys is excited to adopt the new BlackBerry Z10 and BlackBerry Q10 smartphones. BlackBerry is a true leader in its field and a technology partner we have trusted for many years. They consistently deliver innovations that keep pace with our own drive to continuously improve our high level of client service,” said Les Viner, the firm’s managing partner.

BlackBerry’s Andrew MacLeod said the smartphone company wants to stay the No. 1 choice for “top-enterprise customers like Torys.”

“BlackBerry is committed to remaining the gold standard for mobile security, management, and control. We understand the complex technological requirements Torys employees face. BlackBerry is thrilled with Torys’ commitment to deploying BlackBerry Q10 and BlackBerry Z10 smartphones to their workforce.”

GOUDGE TO RECEIVE GUTHRIE AWARD


Ontario Court of Appeal Justice Stephen Goudge will receive the Law Foundation of Ontario’s 2013 Guthrie award.

“Justice Goudge is one of Canada’s most respected appellate judges. He is also an inspirational champion of access to justice through his activities outside the courtroom, the reason for his selection as this year’s Guthrie award recipient,” the law foundation said.

Goudge has worked with many legal organizations, including Pro Bono Law Ontario, the Law Commission of Ontario, and the Law Society of Upper Canada. He’s also well known for his work as commissioner of the inquiry into pediatric forensic pathology in Ontario.

Law foundation board chairman Mark Sandler called Goudge “a stellar jurist.”

“There is simply no judge in Canada more engaged in advancing the public interest outside the courtroom while also constantly striving to lift the professional bar for the benefit of Ontarians and Canadians,” he said.

Goudge joined the Court of Appeal in 1996. He had previously been litigation counsel with what is now Gowling Lafleur Henderson LLP.

MONTREAL LITIGATOR BECOMES MERITAS CHAIRMAN

Montreal commercial litigator André Ryan is now chairman of the global law firm alliance Meritas.

Ryan, a partner with BCF LLP in Montreal, officially took on the role at a recent Meritas annual meeting in Vancouver.

In his new position, Ryan will lead a board representing more than 7,000 lawyers from 75 countries and 235 markets around the world.

“André has been a leader in numerous capacities within Meritas for over 11 years,” said Tanna Moore, president and CEO of Meritas. “His passion, knowledge, and broad perspective will serve our organization well. He will be an outstanding advocate for Meritas around the globe.”

For his part, Andre said it’s “truly an honour” to take on the role.

“I look forward to continuing to expand Meritas’ reach into new global areas, as well as building awareness in the business community of the high-quality legal service and unmatched quality assurance program Meritas offers to clients and members,” he said.

POLL RESULTS

The results of the latest Law Times online poll are in.

According to the poll, 61 per cent of participants don’t believe the allocation of an additional $30 million for legal aid in this year’s Ontario budget will make a difference to the justice system.

The majority view is in line with comments Criminal Lawyers’ Association president Norm Boxall made in a recent article. Boxall said the increase was welcome but said it wouldn’t do much for a system “strained to a breaking point.”

LAWYER RAPPED FOR ACTING FOR CONFLICTING PARTIES

As he finally won his long battle with the Law Society of Upper Canada in 2011 in relation to sexual harassment allegations, Toronto personal injury lawyer Gary Neinstein found himself in more hot water as the regulatory initiated an additional disciplinary matter against him. Last month, a hearing panel ruled on that case with a finding that Neinstein engaged in professional misconduct when he acted for several parties with conflicting interests.

In 2003, Neinstein acted in the matter of Mike DeMichino, who suffered catastrophic injuries in a car accident. The lawyer, the law society argued, acted for DeMichino, his wife Bessie Banushefski, and other members of his family when he knew there was a long-standing conflict between them.

“The lawyer was well aware that there had been estrangement and ongoing conflict between Bessie and Mike together, and Mike’s family, for many years,” wrote hearing panel chairwoman Susan McGrath in the April 12 decision.

“He was aware that conflict continued after Mike’s accident.”

After Neinstein stopped representing DeMichino’s family, he filed a court application to make Bessie her husband’s guardian given his estrangement from the rest of his family. He knew this wasn’t true, the hearing panel found. A penalty hearing has yet to take place.

Monday, May 13, 2013

LCO RESEARCH EFFORT LAUNCHED

The Ontario government has asked the Law Commission of Ontario to look into how more people with mental and developmental disabilities could use the federal Registered Disability Savings Plan without costly assessment tests.

The RDSP is a savings program for people with developmental and mental disabilities aimed at providing for future support. While parents can enrol their children in the RDSP, adults face long and expensive competency tests before they can sign up for it.

The law commission project will investigate how adults can use the program without the expensive competency assessments. “We are extremely pleased to be asked by the Ontario government to undertake this project,” said Bruce Elman, chairman of the law commission’s board of governors.

“It reflects recognition of the high quality of the LCO’s work and its contribution to law reform in the province.”

LAO BOOST FALLS SHORT: CLA

The $30 million over three years allocated for Legal Aid Ontario in this year’s Ontario budget doesn’t do much to address a system that is “strained to a breaking point,” according to Criminal Lawyers’ Association president Norman Boxall.

“Any increase for legal aid is welcome. However, given the extent to which it is underfunded, this allocation is not adequate,” says Boxall.

The May 2 budget notes the $30 million for Legal Aid Ontario is on top of the $150 million over four years allocated to it in 2009.

“This funding will improve access to justice and enhance outcomes for low-income families, victims of domestic violence, and other vulnerable groups by strengthening the capacity of family law service centres and other community and legal clinics across Ontario to respond to evolving needs and ensure services are sustainable,” the budget states.

LAO spokesman Kristian Justesen only had praise for the new funding.

“From LAO’s perspective, this is a good day for access to justice in Ontario,” he said. “This new investment will enhance outcomes for low-income families, victims of domestic violence, and other vulnerable groups.”

Overall, justice spending will decease by $57 million this year, according to the budget. The decline is primarily a result of “lower-than-expected costs related to municipal policing, lower overtime costs, and other internal efficiencies.”

Delays in buying courthouse furniture and equipment will also bring down capital expenses in the justice sector, according to the budget.
The Ontario government also said it’s implementing what it referred to as “transformative initiatives” in the justice system. They include “alternative financing to meet the capital infrastructure needs of Ontario’s justice system,” but the budget doesn’t elaborate on what they entail.

LAW SOCIETY STUDY ON RACIALIZED LICENSEES


The Law Society of Upper Canada is asking racialized lawyers and paralegals to participate in a focus group on the challenges faced by minorities in the profession.

The focus group is an extension of the work of a law society working group created last year to investigate the challenges facing racialized lawyers and paralegals and come up with strategies for inclusion.

Lawyers and paralegals looking to participate in the working group must be in good standing. Information gathered during the focus group, which will take place in June, will be confidential and reports won’t identify participants, the law society says.

Interested lawyers and paralegals can register through the law society web site.

OBA RELAUNCHES CHARITY FOUNDATION

The Ontario Bar Association has relaunched its charity program previously known as the advancement of legal education and research trust.
The charity will now be known as the OBA Foundation. It has acquired the chief justice of Ontario fellowship in legal ethics and professionalism, the OBA announced.

The program will give grants of $15,000 to full-time teachers at Canadian universities and colleges every year and award a second grant to students.

“It was the perfect fit,” said OBA Foundation chairman Steven Rosenhek.

“Legal ethics and professionalism underline the public’s trust in the justice system. We will use it as a launch pad for new endeavours.”

The OBA Foundation’s unique feature is its funding model, the OBA says. “In addition to traditional charitable fundraising, the OBA has donated speakerhonoraria in lieu of cash or gifts,” the association said.

“Every time an expert lectures at an OBA educational seminar, he or she is also contributing to legal education and research,” said Rosenhek. “It is literally the gift of Ontario lawyers’ expertise that keeps giving.

“A cash token is not that meaningful compared to the work that goes into a seminar presentation. A donation made to a charity foundation promoting legal education is much more worthwhile.”


WESTERN LAW PROF HONOURED


Western Law professor Robert Solomon has been honoured with the university’s 2013 distinguished university professorship.

The award “honours faculty who have built a record of excellence in the areas of teaching, research, and service over asubstantial career at Western,” the university said in an announcement.

Solomon, who has been at Western for 40 years, has worked in areas of addiction, health care, and impaired driving. He also helped developed the university’s campus alcohol policy.

The new honour will mean a $10,000 award forSolomon, who will use it to support his scholarly endeavours.
 
POLL RESULTS

The results of the latest Law Times online poll are in.

According to the poll, more than 50 per cent of respondents condone recent steps taken by two Ontario law associations to welcome paralegals into their ranks and onto their boards.

The Halton County Law Association and Waterloo Law Association will both reserve two seats on their boards for paralegals. Fifty-four per cent of poll respondents said they agree with such moves. As Law Times reported last month, the issue is a controversial one. While some lawyers say it promotes a collegial relationship between lawyers and paralegals, others aren’t keen on sharing their law association space with paralegals.

LAW GRAD’S CURRENT ‘GOOD CHARACTER’ AFFIRMED

The Law Society of Upper Canada has granted a University of Windsor law graduate previously declared a vexatious litigant a licence to practise law.

Anica Visic filed several human rights complaints against the University of Windsor, two of her former articling principals, and the Law Society of Upper Canada.

Her current employer and articling principal Saul Glober testified that he saw a positive change in Visic over the three years that she has worked for him.

In last month’s ruling, a law society panel said Visic “demonstrated poor judgment” in relation to her personal litigation but that she’s “currently of good character.”

The panel ordered Visic to work under another lawyer for two years as she “will benefit from more mentoring from a lawyer.”
 
LAWYER’S DISBARMENT UPHELD

Lawyer Aliamisse Omar Mundulai has lost his appeal of his disbarment by the Law Society of Upper Canada.

In 2011, a hearing panel found Mundulai guilty of misconduct in relation to allegations that he failed to treat a tribunal with courtesy and respect; failed to conduct himself with integrity; and failed to deliver certain documents for his client upon discharge. The panel revoked his licence last year, but Mundulai appealed the decision on the basis that it was unreasonable. Among other things, he said the panel failed to take judicial notice of systemic racism and discrimination within society and the legal profession and whether that contributed to his misconduct.

But in a recent ruling, an appeal panel rejected his appeal. “In the result, we conclude that the hearing panel’s decision to revoke the appellant’s licence was reasonable and we dismiss the appeal,” wrote appeal panel chairwoman Linda Rothstein.

Monday, May 6, 2013

POLL RESULTS

The results of the latest Law Times online poll are in.

According to the poll, respondents have differing opinions on whether the government should devote more money for courts and judges in northern Ontario in light of a recent Law Times story revealing concerns raised by Janet Whitehead, chairwoman of the County and District Law Presidents’ Association, about the state of the justice system there.

While 46 per cent of survey participants agree with the idea of providing more funds for the north, they also felt there are other pressing issues across the province that require attention.

Thirty-nine per cent of participants said the issue is critical and should get immediate attention. The rest, 15 per cent, disagreed with the idea of more funding for the judicial system in northern Ontario as they feel the province doesn’t have the money to address to the issue.

FAMILY MATTERS DOMINATE CIVIL COURT

A new Statistics Canada report shows family law made up the majority of civil court cases between 2011 and 2012. They accounted for 33 per cent of all civil court cases during that time.

The majority of family law cases dealt with custody, access, support, and child protection, according to last week’s report. One in four child-related cases involved child protection issues.

The results come from data collected from eight Canadian provinces and territories. In 2011-12, 40 per cent of new litigants in child custody cases represented themselves. Applicants were more likely to have representation than defendants, according to the statistics.

Personal injury and damages lawsuits were the second most common cases in the civil courts. “Lawsuits for injury or damage and contract disputes were the most common issues in non-family civil court cases,” the report stated.

OAKVILLE LAWYER DISBARRED

A Law Society of Upper Canada hearing panel has disbarred Oakville, Ont., lawyer Michael James Strong after finding him ungovernable.

The panel found Strong failed to reply promptly to communications from the law society and co-operate with a law society investigation by not responding to communications from the administrative compliance department and not providing information about the disposition of his practice.

The panel also found he failed to respond to communications from the investigations department and co-operate with an investigation. In addition, it said he failed to reply promptly to communications from the law society’s monitoring and enforcement department and provide a report confirming his compliance with the bylaws while under suspension.

Besides disbarring him, the panel ordered him to pay costs of $3,000.

NICHOLSON SUPPORTS ANTI-GANG BILL

Justice Minister Rob Nicolson says he endorses a private member’s bill that will make it illegal to recruit individuals to gangs.

Bill C-394, sponsored by Brampton-Springdale MP Parm Gill, would create a new offence under the Criminal Code that would make encouraging minors to join criminal organizations a crime punishable by a maximum of five years in prison.

“The Harper government is committed to keeping our streets and communities safe, which is why we support this private member’s bill,” said Nicholson.

“I applaud my colleague Parm Gill for his determination to protect our youth by disrupting the ability of gangs to recruit new members.”

Nicholson’s comments came the same week Parliament passed another government crime measure to double victim fine surcharges.

Monday, April 29, 2013

LAW ASSOCIATION LOSES COSTS BID IN HUMAN RIGHTS CASE

The Peel Law Association has lost its bid to have its insurer cover legal costs it incurred while defending itself in a high-profile racial discrimination case.

In a ruling last week, Ontario Superior Court Justice Meredith Donohue found the association had waited too long to notify its insurer of the Human Rights Tribunal of Ontario claim against it.

“I find there was no notice given to the broker or the insurer of the claim within the policy period as required by the policy,” wrote Donohue in Peel Law Association v. Royal Insurance.

She added: “The insurer was given no choice in the appointment of counsel or the handling of the defence contrary to the policy. They are not liable therefore for those costs.”

The Peel Law Association is in the midst of a racial discrimination case after two black lawyers and an articling student claimed an administrator singled them out and asked them to show identification at the Brampton, Ont., courthouse in 2008. The association’s defence costs have exceeded $116,000, according to the ruling.

The insurer claimed it didn’t have to cover the association’s costs as its policy period had expired.

The tribunal had ordered $4,000 in damages against the Peel Law Association, a decision later squashed at the Divisional Court. The Ontario Court of Appeal heard the case in December.

FISH TO RETIRE FROM SCC

Supreme Court of Canada Justice Morris Fish will be leaving the court at the end of the summer.

Chief Justice Beverley McLachlin announced last week that Fish had written to Justice Minister Rob Nicholson to advise that he’ll retire from the country’s top court at the end of the spring session. Fish’s retirement will be effective Aug. 31, 2013. Under the Judges Act, a retiring judge can continue to participate in judgments with respect to cases heard prior to leaving the court for a period of six months.

“Justice Fish has served on the court with wisdom and made enormous contributions to the court and to Canada,” McLachlin said in a statement last week.

“He is a wonderful colleague and friend who will be greatly missed.”

For his part, Fish said: “By the date of my planned retirement, I will have served my country as a justice of its highest courts for nearly a quarter century — including more than 10 years on the Supreme Court of Canada. I am grateful to have enjoyed this privilege and mindful of the honour and public trust that attach to the holding of judicial office in Canada.”

Ottawa lawyer and long-time Supreme Court agent Eugene Meehan commented on Fish’s record last week. “In Canada’s national court, he always stuck his juridical neck out for the little guy — Canada’s best defence judge has now ‘gone fishing.’”

Fish will reach the mandatory retirement age of 75 this fall while fellow Quebec Justice Louis LeBel must retire next year. The Supreme Court Act requires that three of the nine judges come from Quebec.

Fish joined the Supreme Court bench on Aug. 5, 2003, after serving more than 14 years as a judge of the Quebec Court of Appeal and a distinguished career as an educator and criminal lawyer in Montreal.

NORTON ROSE PROMOTIONS ANNOUNCED

Ahead of its official merger with Fulbright & Jaworski LLP this summer, the Norton Rose Group has promoted 33 partners globally. Eight of the promoted partners are in Canada, including Toronto intellectual property lawyer Anna Wilkinson and Karen Jensen, an employment and labour lawyer based in Ottawa.

“The partner promotions reflect the international strength and diversity of our practice, which will grow again significantly in June when we combine with Fulbright & Jaworski,” said Peter Martyr, global chief executive of Norton Rose.

In a news release, the firm said women make up a substantial percentage of this year’s promotions. The majority of the promotions were in corporate law followed by banking, litigation, and dispute resolution.

LAWYERS, PARALEGALS OFFERED FREE WORKSHOPS

Lawyers and paralegals can participate in two free continuing professional development sessions on how to present legal
information to the public.

The event, hosted by the Law Society of Upper Canada, the Ontario Justice Education Network, and Community Legal Education Ontario, will give lawyers and paralegals “the opportunity to participate in a facilitated discussion about common public and legal education issues,” the law society said in a press release.

The events will take place at the law society on May 7. Participants must register by May 3 via e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by calling 416-947-3413.

POLL RESULTS
The results for the latest Law Times online poll are in.

According to the poll, more than half of participants believe Ontario’s labour arbitration system favours workers and agree with calls to reform the system to include a consideration of employers’ ability to pay for increased wages.

About 56 per cent of respondents said it’s time for change while the rest said the province’s system is fair and any reform would benefit employers.

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