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Lawyer Linda Rothstein is set to become the first chairwoman of the Law Foundation of Ontario’s Board of Trustees.

Rothstein is a partner at Paliare Roland Rosenberg Rothstein LLP, who does civil and administrative litigation and has expertise in public law.The board had never elected a woman as chairperson before.

“It’s a real honour to take on this role,” Rothstein said.

“I’m regularly moved and impressed by the projects we fund; from teaching youth about their human rights to training front-line workers to assist women who have experienced domestic violence. We have a real opportunity and responsibility at the foundation to fund work that is actually making a difference and addressing people’s legal needs.”

Rothstein is also a past president of the Advocates’ Society and formerly served as a bencher in the Law Society of Upper Canada from 2007 to 2015. She will replace Paul Schabas, who stepped away from the position of chairman after he was elected to be the next treasurer of the law society in June.

Lawyer Jonathan Fidler is set to receive an award from the Ontario Bar Association for excellence in alternative dispute resolution.

Called to the bar with honours in 1975, Fidler is a certified specialist in civil litigation, who works as a mediator and arbitrator with Malach Fidler Sugar & Luxenberg LLP.

In addition to personal injury, he has practised negligence and insurance litigation.

The OBA award recognizes excellence in the practice of alternative dispute resolution as well as writing, teaching, and mentoring in the field.

“Jonathan’s nominator gave him the highest praise,” said Kevin Johnson, the OBA alternative dispute resolution section chairman.

“He is an exceptional advocate of the ADR process, while serving to educate and promote the skills and techniques needed to advance ADR.”

Fidler will be given the award at a dinner Oct. 27.

The Centre for International Governance Innovation is set to hold a one-day symposium that will explore new ways to translate international environmental law into practice.

Participants will hear from lawyers and judges that deal with environmental compliance issues. The symposium, which is free but requires registration, will take place July 20 at the CIGI Campus in Waterloo, Ont. For more information or to register, e-mail

Law Times reported recently that a Senate committee is investigating how to help prisoners with mental health issues, including the use of solitary confinement.

Readers were asked if they thought solitary confinement should be banned.

About 48 per cent said yes, solitary confinement should be banned and that it is a travesty that such an inhumane practice is still being used to “treat” mental health problems in a developed nation such as Canada.

The remaining 52 per cent said no, while solitary confinement may not always be appropriately used, it still has a valid use in certain situations in order to amend prisoners’ behaviour.
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No stranger to controversial jobs in government, Mark Johnson is taking on the role of general counsel at the embattled Toronto Community Housing Corp.

A report issued in January by the TCHC task force appointed by Toronto Mayor John Tory listed 29 recommendations to address the crisis facing the organization, which has a $2.6-billion repair backlog and ongoing turmoil at its headquarters.

Johnson says he has a certain appetite for taking on tough jobs in the public sector — he served as interim general counsel at eHealth Ontario in 2009, and led its legal team during a difficult time of restructuring.

“I like the action,” he says. “People have commented on that and I just say from a lawyer’s perspective and being part of the turnaround operation it’s interesting.”

The legal team at TCHC consists of about nine lawyers as well as procurement and insurance/risk management personnel who report up to him.

Johnson has a range of expertise in corporate law and has provided services to startups as well as large corporations such as Deutsche Bank, IBM, Nike, and Visa.
For the last five years, he has been general counsel at the global software consulting company Infusion.

Johnson says he was looking for a new challenge when he saw the position and was drawn back to the public sector by the idea of working at TCHC.

“I have a strong community service bent to me and the challenges in the organization appealed to me,” he says.

“I liked the public service component to it. Once you are bitten by working in the public sector, you do want to go back.”

A network, set up by Osgoode Hall Law School to help first-generation law students, is looking for legal professionals to join its ranks.

The Osgoode First Generation Network wants to hear from legal professionals who were the first in their families to attend a post-secondary education institution.

The network aims to help reduce social and financial hurdles faced by such students by connecting them with established legal professionals in a mentorship program.

Those interested in getting involved can contact the network by emailing or by calling 416-432-9706.

Need a mentor? The Toronto Lawyers Association has you covered.

The TLA is set to hold a speed-mentoring event Sept. 22 at the TLA Lawyers Lounge that will connect young and new members with experienced legal professionals.

Participants will have 10 minutes with different mentors in an array of different areas to talk about where they want to be in the next five to 10 years.

Anyone seeking more information after the speedy sessions will get the opportunity to find out more at a question-and-answer panel afterwards.

Members can register for $10 online at

For more information, call 416-327-5700 or e-mail

Law Times reported recently that Paul Schabas has been elected as the new treasurer for the Law Society, and says one of his top priorities is access to justice.

Readers were asked if they thought access to justice is one of the most pressing issues facing lawyers.

More than 51 per cent said yes, enhancing access to justice is a crucial priority for Ontario Lawyers and that these problems have an impact on their practice as well as the law profession in general.

The remaining 48 per cent said no, enhancing access to justice should not be treated as a top priority and that, while it’s a noble cause, it does not impact their practice.

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When Shara Roy was first transferred to St. Michael’s Hospital with her twin daughters last June, she was scared.

The Toronto lawyer gave birth to her babies six weeks early and what was supposed to be an otherwise joyous event had become traumatic. But any worries she had quickly disappeared as the doctors and nurses at the hospital’s Neo-natal Intensive Care Unit doctors worked to reassure her.

Roy, who is a partner at Lenczner Slaght Royce Smith Griffin LLP, is now joining a group of lawyers who are putting on a fundraising dinner — called Malachy’s Soiree — to raise $500,000 for the St. Michael’s NICU.

“This will really go towards modernizing the equipment that is available at the St. Mike’s NICU,” Roy says.

Last year, the dinner raised $200,000, which went towards buying a ventilator resuscitator machine.
The event’s second year hopes to fund infant resuscitator beds for the delivery room, incubators, ventilators, as well as breastfeeding equipment.

Others in the group of lawyers organizing the event include Marie Henein of Henein Hutchison LLP, Kerry O’Reilly of Vale, Carol Hansell of Hansell LLP, and Anne Ristic of Stikeman Elliott LLP, among others. Malachy’s Soiree will be hosted at the Four Seasons Hotel Toronto on the evening of Sept. 29.
For more information, visit

The International Association of Defense Counsel has unveiled a reference guide that offers guidelines of civil justice systems for defendants and lawyers around the world.

The Survey of International Litigation Procedures provides details of justice systems in 49 different countries and seeks to help lawyers who practise in multiple jurisdictions. The guide can be found at the IADC Foundation’s web site.
A former Supreme Court justice has been honoured as a laureate in the 2016 Tang Prize’s rule of law category.

Louise Arbour served on the Supreme Court of Canada from 1999 to 2004 and now works as counsel to Borden Ladner Gervais LLP.

“Louise Arbour is one of the most influential legal minds of our times, and we are very proud to have her on our team, sharing her knowledge and experience with our lawyers and clients,” said Sean Weir, the national managing partner and CEO at BLG.

Law Times reported recently that Joseph Groia is turning to the Supreme Court of Canada in his fight against the Law Society of Upper Canada over discipline for “unprofessional” behaviour. Readers were asked if they support his move.

Almost 64 per cent of respondents said yes, Groia should take the case to the SCC, as the case has wider implications for the profession and what’s considered to be “unprofessional” behaviour.

More than 36 per cent of voters said no, Groia is grandstanding and this fight has already dragged on for years. They agreed he should take his lumps and let it die peacefully.
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Harry McMurtry never listened to the doubters.

The retired lawyer, who has Parkinson’s disease, was set to walk 500 miles (804.6 kilometres) with others to spread awareness and raise money for Parkinson’s research. Two of the other people who round out the core of his group — Ross Sugar and Sue Thompson — also suffer from the affliction.

“A lot of people doubted we could pull this off, but I think we have,” he says. “There are a lot of doubters out there, but I had a dream and it’s come to fruition.”

McMurtry and his group left his adopted home of New York City on May 6 and have since made their way up to Canada, as various guest walkers have joined them along their way. They planned to finish the walk in Toronto.

McMurtry retired in 2010 as a partner of Affleck Greene McMurtry LLP, after living in Toronto for many years.

McMurtry says the trip is “marrying two countries and two major cities in each country.”

The 500 Mile Walk has raised $300,000 so far, according to McMurtry, and hopes to reach $500,000 by the end of the initiative.

McMurtry says all the money raised will go to charity as expenses are covered by sponsorships.

Next year’s Canadian College of Construction conference is set to take place in Quebec City in May.
Incoming president Olivier Kott, of Norton Rose Fulbright Canada LLP, will host the event May 25-28 at the Fairmont Le Chateau Frontenac.

The details of next year’s event were released at this year’s CCCL conference, which took place in St. John’s, N.L. The three-day conference included talks on a variety of issues that affect construction law.

Corporate lawyer Melinda Park is set to become the first female chairperson of national council for Borden Ladner Gervais LLP. 

Park is a partner in the law firm’s securities and capital markets group in Calgary and has practised securities and corporate law for more than 20 years.

Park takes over from Bob Shouldice, a commercial lawyer who specializes in infrastructure, M&A, and corporate governance. The national council has also appointed David Whelan to become the national group head. Whelan, who is a partner in the firm’s financial services group, has been the regional partner in the Calgary office since 2007. The firm also announced that Alan Ross, a partner of the firm’s commercial litigation group, was elected to become its regional managing partner in Calgary.

Law Times reported recently that an Ontario man was prosecuted for possessing $10 worth of marijuana.
Readers were asked if this was a ridiculous use of public resources.

More than 88 per cent of respondents said yes, this is a total waste of court and judicial resources, and the fact that the man had to forfeit most of the $25,000 in his vehicle is also questionable.

Almost 12 per cent of respondents said simple possession is still a criminal offence under the law and should be treated as such.
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The idea to start his own firm came to Gavin MacKenzie when he was out for his Sunday morning run a few months ago.

At the beginning of June, the litigant left his job working for DLA Piper (Canada) LLP and decided to start a boutique firm, called MacKenzie Barristers with his daughter, Brooke MacKenzie.

Gavin MacKenzie was first called to the bar in 1977 and has since worked for a number of big firms, but he says the timing was right to start a firm with his daughter as she had come to the end of a one-year leave of absence with McCarthy Tétrault LLP, after practising with the firm for three years, which included the one-year leave of absence.

“I’ve been very lucky that she and I are very close,” he says. “We are both interested in the same type of work and thought it would be fun and challenging to practice law together.”

This version of the article clarified Brooke MacKenzie’s professional experience prior to starting the new firm.

Legal Aid is set to get a boost from the federal government.

Attorney General Jody Wilson-Raybould announced last week that the federal government would spend an additional $30 million per year on top of the $88 million it already committed to spend over the next five years in the 2016 budget.

But that extra $30 million will not kick in until 2021-2022.

“All Canadians — no matter their means — should have the right to a fair trial and access to a modern, efficient justice system,” Wilson-Raybould said in a statement.

The Department of Justice currently distributes $128 million among the provinces and territories for legal aid programs.

Of the $88 million promised in the 2016 budget, $9 million will be forked out in 2016-2017. The federal government said that in addition to making legal aid more available to those who need it, the new funding would be used to develop new ways to deliver monies.

The provincial government has honoured Cohen Highley LLP with a David C. Onley Award for Leadership in Accessibility. The award is given to “Ontarians who have demonstrated an outstanding commitment to improving accessibility for people with disabilities.”

Cohen Highley LLP, which has people on staff with disabilities, was awarded the honour for its work to lift barriers for employees with disabilities and for fostering greater inclusion in the legal profession.

The firm, which advises clients on the province’s accessibility standards and laws, has offices across southwest Ontario in London, Kitchener, Sarnia, and Chatham.

Law Times reported recently that the past president of the Ontario Trial Lawyers Association, Steve Rastin, says he hopes the Law Society of Upper Canada will adopt an aggressive approach to regulating advertising.

Readers were asked if this regulatory move is way overdue.

About 70 per cent of respondents indicated yes, the law society should be tackling these regulations in the near future, and it’s a crucial area that needs oversight.

The remaining 30 per cent said this should not be a priority for the law society, as there are other pressing matters.

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A former Liberal politician from Prince Edward Island will now be part of Gowling WLG.

The firm announced that Robert Ghiz will “play an important role in growing the firm’s domestic and international business, and will provide strategic business advice to the firm’s clients across a wide range of sectors,” as a senior business adviser. Ghiz has experience as a former adviser to former prime minister Jean Chrétien. He was also manager of government affairs for the Bank of Nova Scotia.

“Never one to settle for the status quo, Robert spearheaded major economic and social reforms as premier of Prince Edward Island, significantly improving the lives of its residents,” said Peter Lukasiewicz, CEO of Gowling WLG Canada, in a news release announcing the hire. “He’s a talented relationship-builder and tireless problem-solver, and will be an ideal ambassador for the firm and adviser to our clients, both in Canada and abroad.”

The Ontario Reports are moving to more digital distribution, announcing recently that those who still want a paper copy will now have to pay a “nominal fee” each year on top of the fees they already pay to the Law Society of Upper Canada to get their hands on a hard copy. 

Some lawyers say they still like flipping through the paper version of the ORs for the latest news on whom is doing what and what jobs are available. With the LSUC and insurance fees hovering around $5,000 a year, some are questioning the extra charge.

Those who still are receiving the hard copy received an e-mail notifying them that after July 1 licensees and others who wished to continue to receive a hard copy can make arrangements and pay a fee of $225 directly with LexisNexis. Otherwise, they’d be getting the digital edition e-mailed to them to each week at no additional charge.

The Canadian Press reports a legal battle has broken out between a well-known Toronto employment lawyer and a former employee.

Howard Levitt, of Levitt LLP, is seeking $25,000 in damages from former employee Theda Lean, according to The Canadian Press, for alleged “overbilling, fraudulent hours and double-billing.” 

Levitt is known for his media presence, and a column in the National Post. The Canadian Press reports Lean is seeking $25,000 in a counter-claim for “unpaid work, constructive dismissal and mental distress.” The Canadian Press reports no date has been determined for the matter before the Ontario Superior Court’s small claims branch. 

Law Times reported that drug policy lawyers say the federal government should consider new approaches when it comes to regulating drugs other than cannabis. Readers were asked if they agreed with new regulations for drugs such as cocaine. About 59 per cent said that, yes, they agreed with the proposal that the federal government consider new approaches when it comes to regulating drugs other than cannabis. Another 41 per cent said no, they do not think the federal government should consider alternate regulation.
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Kathleen Waters is the recipient of the Ontario Bar Association’s 2016 Award of Excellence in Real Estate, and will receive the award June 22 at the Albany Club of Toronto.

“Kathie has been a relentless and passionate volunteer for decades. She has served on the OBA Real Property Section and various committees for many years and has spoken at far too many professional development programs to mention. Every lawyer practising real estate today is in her debt,” says Timothy Kennedy, the OBA’s Real Property Section Chair, in an OBA announcement.

“She has worked to promote the value lawyers provide to the public and improve the knowledge of what it is that we do. We as professionals are fortunate to have a colleague of the [calibre] of Kathie Waters.”
Waters, a former partner with Torkin Manes Cohen & Arbus LLP, has been at LawPRO since 2008, when she was appointed to the role of president and CEO.

Heuristica Discovery Counsel and KPMG have announced they will work together on e-discovery services.
“The Heuristica-KPMG integrated model is designed to deliver efficient and cost effective solutions to law firms and their clients, corporations and public bodies for managing discovery and investigations requirements,” said a news release on the Heuristica web site. More information is available.

Justice Rosalie Silberman Abella of the Supreme Court of Canada has received the distinction of an honorary Doctor of Laws from Yale University.

Abella’s experience includes her role as the commissioner of the Royal Commission on Equality in Employment, and with the Ontario Family Court and the Court of Appeal for Ontario, before she was appointed to the Supreme Court.

“Justice Abella is dedicated to the education of young lawyers and jurists and the advancement of diversity in the legal profession. She has served as a visiting professor at McGill University and was responsible for organizing the first judicial seminar in which all levels of the judiciary participated, the first national education program for administrative tribunals, and the first national conference for Canada’s female judges. She has written more than 80 articles and written or co-edited four books,” according to a biography on Yale’s web site. Abella was one of nine people recognized with honorary degrees at Yale’s commencement.

Law Times reported recently that there are currently nine judicial vacancies slowing down Ontario’s courts — seven in the Superior Court, one in the Court of Appeal, and one in Family Court.

Readers were asked if this was personally affecting their practice.

About 50 per cent of respondents indicated yes, the vacancies affected their practice, and it was a source of frustration due to long wait times.

Another 50 per cent indicated the vacancies were not affecting their practice, and that while they commiserated with their colleagues, it had no effect on them. 
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Law Times reported the Ontario government has announced complainants will be able to file and pay fees online for small claims up to $25,000. Readers were asked if they thought further digitization of other types of court records should be a priority for the government. About 87 per cent said yes, further digitization of court records is an urgent issue that needs to be addressed. Only 13 per cent said no, while digitization is important, the expense and time will cost is less important than other justice initiatives that sorely need attention.
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Justice Russell Juriansz has been recognized by the South Asian Bar Association of North America with its Pioneer Award.

Ron Choudhury of Miller Thomson LLP is the recipient of the association’s Cornerstone Award, the South Asian Legal Clinic of Ontario received the Public Service Achievement Award, and BMO Financial has been recognized with the Enterprise Award. The awards were given out during the association’s annual convention in Houston this month.

“Justice Juriansz is only the second Canadian to be awarded SABA North America’s Pioneer Award,” according to a SABA of Toronto news release. “Justice Juriansz is being honoured for, in part, being the first South Asian judge appointed to the Superior Court of Justice and the first minority judge appointed to the Court of Appeal for Ontario.”

Ombudsman Paul Dubé has called on Ontario to stop putting prisoners in segregation for indefinite periods of time.

“Indefinite segregation should no longer be an accepted or legal correctional practice in Ontario,” said Dubé in a news release.

The ombudsman has released a submission to the Ministry of Community Safety and Correctional Services called Segregation: Not an Isolated Problem, that details 28 recommendations, including “creating an independent panel to review segregation placements, and giving procedures — such as a 15-day limit on placements — the force of law.”

The submission is available  at

The Legal Innovation Zone at Ryerson University has announced the Ontario Access to Justice Challenge, where up to six startups will receive support. The challenge is receiving support from Ontario’s Ministry of the Attorney General.

“The Ontario Access to Justice Challenge will offer up to six successful innovative startups admission to the LIZ to develop their ideas. The best among them will share $50,000 in seed money,” according to a news release from Ryerson University. “The Challenge is expected to result in products, technologies, or processes that will have a direct positive impact on access to justice in Ontario. Founders or co-founders whose startups contribute to the public’s access to the justice system are encouraged to apply.”

For details, visit

Law Times reported a recent Superior Court decision, Daggitt v. Campbell, gained attention because of strong words a judge had about an expert witness repeatedly criticized for bias. Readers were asked if a judge should strike experts from trial at a preliminary stage.

Eighty-one per cent of respondents said yes, if the expert showed a clear pattern of bias, judges should strike them from trial at a preliminary stage. But 19 per cent said no, it was not prudent or fair to strike experts at a preliminary stage, and this didn’t honour the court process.
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Baker & McKenzie has released a survey of data privacy professionals related to the European Union’s General Data Protection Regulation, and the EU-U.S. Privacy Shield.

The 2016 EU GDPR and EU-U.S. Privacy Shield Survey is based on information from more than 100 privacy professionals at the International Association of Privacy Professionals’ 2016 Global Privacy Summit, according to a Baker & McKenzie news release. 

“I think the survey responses clearly demonstrate that the majority of professionals in the privacy industry feel that the GDPR and Privacy Shield represent a call-to-action for organizations generally,” said Theo Ling, chairman of Baker & McKenzie’s Global Privacy and Information Management Steering Committee.

The release says the survey indicates about 60 to 70 per cent of people who responded “believe that organizations will need to spend at least some, if not significantly, more budget and effort to comply with GDPR.” 

The Society of Ontario Adjudicators and Regulators welcomes nominations for its top honour, the SOAR Medal.

“It honours individuals that have made a significant contribution and demonstrated commitment to the field of administrative justice, who have been dedicated members or supporters of SOAR, and/or who have made a significant contribution to the administrative justice field and to the well-being of the community at large,” said Sherry Darvish, chairwoman of the SOAR Medal committee.

The recipient will be honoured at the SOAR annual general meeting in December.

More information is available at

The Advocate’s Society has also opened up a call for nominations for the Catzman Award for Professionalism and Civility.

The award recognizes the late Justice Marvin A. Catzman. It is to honour people “who have demonstrated a high degree of professionalism and civility in the practice of law,” said the Society.

“Throughout his distinguished career both as an advocate and a judge, Justice Marvin Catzman earned an exemplary reputation for his knowledge of the law, his integrity, his fairness, his civility, and his dedication to the highest ideals of the legal profession,” said the Society.

“He inspired younger lawyers by example and contributed to legal education by writing and lecturing with great humour.”

The deadline to submit nominations is May 27. More information is available here. The award will be presented in September.

This week, readers were asked about their opinions about publication bans. Law Times had reported there was a dispute over whether a publication ban should be granted in a case concerning three police officers accused of sexual assault. Readers were asked if they believed publication bans are usually granted fairly.

About 25 per cent said they believed publication bans are usually carefully considered and exist to protect both victims and offenders from unfair prejudice. However, 75 per cent said publication bans are granted far too easily, which means the public does not get the timely information it deserves.
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Miller Thomson LLP has announced its Charities and Not-For-Profit group will now be known as the Social Impact Group.

The group will “continue to provide unique value-added services that help organizations succeed through changing economic, political and technological realities,” according to a firm news release.

“Clients are looking for sustainable new ways to deliver social change,” said Susan Manwaring, national chairwoman of Miller Thomson’s Social Impact Group.

“Increasingly, our legal team is being called upon to help organizations design innovative structures, identify and unlock creative sources of revenue, lay the groundwork for social investments, and navigate a changing landscape of regulatory and financial risk.”

For more information, visit   

BTI Consulting has named the best law firms at creating and using alternative fee arrangements, and Blake Cassels & Graydon LLP has made the cut. There were 22 law firms selected.

“These are the firms — out of the 650 core law firms serving large and Fortune 1000 clients — corporate counsel find are best at making AFAs the successful cost control tool they were intended to be — bringing improved client focus, predictability in budgets, a more streamlined approach to the work, and double-digit savings,” said the “BTI State of Alternative Fee Arrangements” report.

The rankings are based on “in-depth telephone interviews with leading legal decision-makers,” with 322 interviews conducted.

The survey can be accessed at

Borden Ladner Gervais LLP has announced that its Beijing office has moved to the business incubation centre of the Canada China Business Council and the hire of Elaine Chen as business development manager.

“Chinese clients have sought BLG’s expertise in merger and acquisition transactions as they relate to mining and energy projects, public company takeovers, acquisitions of private companies, minority investments in public companies, and joint ventures. Included in these activities is advice on all related due diligence, environmental, aboriginal, tax, foreign investment approval, employment, intellectual property, as well as other legal matters required when doing business in Canada,” according to a firm news release.

This week, readers were asked for their opinions about police vehicle stops.

In the recent decision R. v. Harflett, a judge overturned a drug trafficking conviction, saying a vehicle search breached the Charter. Readers were asked if they believed most vehicle searches respected the Charter.

About 29 per cent indicated they feel that, for the most part, vehicle searches are conducted with care and caution, and with a strong legal basis.

However, 71 per cent indicated they do not think for the most part vehicle searches are conducted with care and caution and the results of this negatively impact the Canadian courts system.
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McCarthy Tétrault LLP has announced shifts to its senior leadership team. The changes come after Dave Leonard was appointed the firm’s new chief executive officer.

Kim Thomassin is the firm’s national client leader, Barb Boake is the national practice leader, Shea Small is the international and business strategy leader, Matthew Peters is the national innovation leader, and Tracie Cook will continue as the firm’s chief operating officer, said a news release.

“I am confident this talented and business-focused group of professionals will meet our vision to grow as an innovative, market-leading firm,” said Leonard, in the release.

“Each of these individuals has the passion and proven track record to help lead the firm.”

A research report has been released on the availability of legal information for people in Ontario. A Community Legal Education Ontario news release said the report “identifies almost 1,700 legal information resources on a range of topics produced by over 180 organizations.”

“This abundance means that people looking for legal information may have difficulty finding and identifying what is relevant and reliable — particularly when looking for information online,” said the release. The report, called “Public Legal Education and Information in Ontario: Learning from a Snapshot,” contains recommendations to address these issues.  

It can be accessed at

The National Self-Represented Litigants Project announced its first Canadian self-represented litigants outcomes data. The data is from Loom Analytics, a legal analytics company in Toronto, and is based on decisions in CanLII.

“Thus far, Loom Analytics has provided NSRLP with outcome details for cases where one side was represented by counsel and the other side was self-represented, decided in the Ontario Superior Court between January 1, 2012 and April 7, 2016 — a snapshot of the last 52 months,” said the web site.

Data presented on the NSRLP web site indicates 73 per cent of self-represented litigants who took part in hearings lost, and 14 per cent won, while the rest resulted in split decisions or no order.

More of the findings can be accessed at

This week, Law Times reported that lawyers for convicted officer James Forcillo are challenging the Charter regarding mandatory minimum sentencing.

Readers were asked if they agreed with this course of action.

About 26 per cent said yes, mandatory minimum sentences are designed to penalize those involved in criminal activity, not police officers on the job.

The other 74 per cent indicated they did not agree, and that Forcillo should face the same sentencing provisions as other offenders.
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Jason Beeho has joined Levitt & Grosman LLP as a partner, as of early April. Beeho has practiced at Rubin Thomlinson LLP, as well at Blake Cassels & Graydon LLP.

“I built my reputation on being a problem solver, and on finding ways to negotiate a resolution to a dispute between an organization and its workers,” said Beeho, in a news release from the firm.

“Litigating should be a last resort; and that philosophy is shared by my new colleagues at Levitt & Grosman.” Beeho, a University of Toronto graduate, was called to the bar in 2001. “Jason’s extensive expertise in labour and employment law is both a terrific addition to our team as well as a good fit with our clients,” said Howard Levitt, senior partner of Levitt & Grosman, in the news release. “He works with senior executives on the employer side, as well as with middle managers on the employee side,” Levitt adds. “So, Jason will blend in well with the mix of work we do with a wide range of clients, both employers and employees dealing with a dispute.”

Dr. Christopher Waters has been appointed the new dean of the University of Windsor Faculty of Law.
Waters took on the role April 1. An announcement on the University of Windsor web site says Waters has been part of the university’s faculty of law since 2007 and the associate dean of law from 2009 to 2012. 
“He has earned a reputation as an outstanding teacher and an effective administrator, with a leadership style that inspires and motivates students, staff, and faculty,” said the announcement. “Chris brings to the role an astute understanding of what legal education in the 21st century needs to be, and he will be a champion for the Faculty’s strategic themes of Access to Justice and Transnational Law. His promotion of diversity and innovation in the Faculty will enable him to support faculty and staff and develop outstanding law graduates.”

Submissions are invited for the third edition of the TrustLaw Index of Pro Bono, the world’s leading global pro bono survey. With the rapid spread of pro bono beyond traditional strongholds such as the United States, Australia, South Africa, and the United Kingdom, there is growing demand for an international platform that maps trends in pro bono and tracks the level of pro bono engagement across the globe.

The Thomson Reuters Foundation launched the TrustLaw Index of Pro Bono in 2014 to provide analysis on the key national, regional, and global trends shaping the pro bono marketplace, and to assess the pro bono participation of law firms on a country-by-country basis. In Canada, Canadian Lawyer constructed the first survey of pro bono activity in this country in 2014. Law firms are invited to submit their pro bono data through an online survey before May 23.

This week, Law Times asked readers if medical assessments conducted by assessors in personal injury litigation should be recorded. Readers approved of the idea, with more than 61 per cent saying it was a great idea that could help provide the best evidence to the court.

Slightly less than 39 per cent said they do not like the idea and would proceed with caution, because it could lead to considerable issues around privacy and the law.
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The Medico-Legal Society of Toronto announced the winner of its annual Medico-Legal Society Award is Philippa G. Samworth. She is a partner at Dutton Brock LLP. 

“This award is the highest expression of esteem which the Society can convey and is intended to honour those members of the medical, legal, or scientific community who have made a significant contribution to their profession as well as either to the society or the community at large, and whose contributions are consistent with the values of the society,” said a society news release.

The release indicates Samworth is in insurance defence with a specialty in accident benefits. She also offers mediation and arbitration services.

“Ms. Samworth has a number of achievements and was retained by the Ministry of Finance of Ontario as a consultant to provide analysis and technical advice to the Ministry on its preparation and drafting of Bill 59 and its regulations,” says the release.

“In 2000, she was asked by the Government of Ontario to chair an advisory committee regarding the definition of catastrophic impairment.”

The release also notes that, in 2004, Samworth “was again retained by the Minister of Finance to conduct stakeholder consultations and provide advice and recommendations on proposals to replace the DAC [Designated Assessment Centre] system.”

Samworth was the first recipient of the Canadian Defence Lawyers Lee Samis Award of Excellence in 2002, and the recipient of the Ontario Bar Association’s Award of Excellence in Insurance Law in 2006. She has also served as the former president of the Advocates Society and former president of the Medico-Legal Society of Toronto.

Samworth will receive the award at the society’s annual dinner May 18. Tickets to the dinner can be purchased by calling 416-523-4469.

Justice Stephen Edwin James Paull has been appointed to the Ontario Court of Justice.

A news release from the Ministry of the Attorney General said Paull has practised family and civil law as a sole practitioner in Kitchener. He also worked at Dueck Sauer Jutzi and Noll LLP, and was a member of the Office of the Children’s Lawyer Legal Panel.

“Justice Paull is an advice counsel at Carizon Family and Community Services in Kitchener, where he provides legal advice to clients involved with the Family Violence Project of Waterloo Region. Justice Paull also volunteers his time with the Elder Abuse Response Team at Carizon Family and Community Services,” said the release.

Paull will preside in Woodstock, Ont.

The Advocates’ Society is having a Wine and Cheese with the Bench on April 21.

The event will take place from 5:30 p.m. to 7:30 p.m. at Campbell House, at 160 Queen Street West, in Toronto. 

Tickets can be purchased by contacting Rachel Stewart at

In this week’s poll question, all eyes turned to the Supreme Court of Canada.

Readers were asked what they considered to be the most important consideration when choosing the next Supreme Court justice, in addition to the person being super qualified.

Readers could indicate if they preferred a justice who was bilingual, a woman, aboriginal, or from Newfoundland.

Almost 24 per cent indicated they prefer a justice who is bilingual, almost 12 per cent indicated they prefer a justice who is a woman, 26 per cent preferred an aboriginal justice, and 38 per cent preferred a justice from Newfoundland.
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Fourteen members of Ontario’s legal profession will be recognized by the Law Society of Upper Canada for outstanding career achievements and contributions to their communities at the annual awards ceremony in May.

The 2016 Lincoln Alexander Award recipient is Mary Lou Dingle. Recognized for her lifetime of service to the Hamilton community, Dingle is called a trailblazer, mentor, and role model to numerous lawyers. She has a high level of expertise as a solicitor and a great knowledge of estates and trusts. Among those nominated for the Law Society Medal are Jennifer E. Babe and Ronda Bessner.

Babe, a solicitor at Miller Thomson LLP, “exemplifies leadership” in the profession through her work with clients, her teaching and writing, and community service. Babe is chairwoman of the firm’s pro bono committee and donates many hours to the development of projects in conjunction with Pro Bono Law Ontario and Ryerson University. 

Visiting professor at Osgoode Hall Law School and adjudicator on the Consent and Capacity Board are but two of the many hats Bessner wears in the legal profession. She has made significant contributions to Ontario and its legal community through her involvement in the Women’s Law Association, serving the people in five public inquiries, and recently co-designing and co-chairing a pre-inquiry roundtable on Canada’s missing and murdered indigenous women.

Ronald Caza, Orlando Da Silva, David Estrin, Linda Gehrke, Kathy Laird, Professor Errol Mendes, Peter Rosenthal, and Prof. Frederick Zemans round out the remaining eight recipients of the Law Society Medal.

The recipient of the William J. Simpson Distinguished Paralegal Award is John Tzanis. The recipient of the Laura Legge Award is Lisa Borsook. Jenny Vuay Quan will take home the J. Shirley Denison Award. The ceremony will take place on May 25.

The Law Society is seeking nominations for the 2016 Human Rights Award. The award recognizes outstanding contributions to the advancement of human rights and/or the promotion of the rule of law.
Members from all communities, practice areas, firm sizes, and regions across the province are eligible.

Nominations can be submitted to the Law Society by May 31.

2015 Mundell Medal Recipients
Julie Macfarlane and Justice Todd Archibald are this year’s recipients of the David Walter Mundell Medal for excellence in legal writing. Macfarlane, a professor at the University of Windsor Faculty of Law, is the author of many legal academic articles and books as well as a weekly blog. With a bestselling book, The New Lawyer, and thousands of regular readers of her blog, Macfarlane writes “extensively and influentially” on the need to modernize the justice system and legal profession.

Archibald is a judge in the Superior Court of Justice whose “outstanding” legal writing has made a “huge contribution” to the practice of law.

Law Times reported the president of the Chartered Shorthand Reporters’ Association of Ontario has been fielding complaints since the province outsourced production of court transcripts. The poll question last week asked our readers if they noticed a difference in quality since the outsourcing began. The vast majority — 90.5 per cent of respondents — say yes, they have noticed the quality has deteriorated and have concerns about the outsourcing.

The remaining 9.5 per cent indicated they noticed no quality change and are content with the current system. 
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The budget unveiled by the federal Liberal government included support for the Court Challenges Program of Canada.

The government also announced $88 million will be provided over five years “to increase funding in support of the provision of criminal legal aid in Canada.”

“Access to criminal legal aid promotes justice for economically disadvantaged persons and helps ensure the Canadian justice system remains fair and efficient,” said the budget document.

The budget also proposed the Court Challenges Program receive new funding of $12 million over the next five years, so “when combined with existing federal investments, total funding will be $5 million annually.” 

The budget also said there is $7.9 million proposed to go to the Courts Administration Service over the next five years to invest in “information technology infrastructure upgrades to safeguard the efficiency of the federal court system,” as well as a plan to have the minister of Public Safety and Emergency Preparedness to work with other levesl of government to develop a strategy on how to reduce gun and gang violence.

A statement from Canadian Bar Association president Janet Fuhrer said the association “supports the federal government’s financial commitment to access to justice and improvements to the justice system contained in the 2016 federal budget.”

“As long-time supporters of the Court Challenges Program, the CBA welcomes the government’s commitment to reinstate the program and the $12 million in new funding. The program serves as an important safeguard against unequal and unfair treatment of vulnerable individuals and communities,” said the statement.

The statement also commended more funding for the Aboriginal Courtwork Program, as well as for legal aid and federal court improvements.

“The CBA supports the program as an important measure to address the unacceptable overrepresentation of Aboriginal people in the criminal justice system,” said the statement.
The Advocates’ Society Arleen Goss Young Advocates’ Award is accepting nominations for this year’s winner. The award, which recognizes “distinguished advocacy,” is given to the winner this June.

The award is for someone who demonstrates “a record of innovative and passionate advocacy; a demonstrated concern for and contribution to the advancement of social justice; a well-rounded person actively involved in and committed to his or her community; engaged in the practice of law for 10 years or less with a principal focus on advocacy, and a member in good standing of The Law Society of Upper Canada,” said a news release from the Advocates Society. 

The award honours Arleen A. Goss, who passed away in 2002 from cancer. Goss had practiced as a defence lawyer and as an assistant Crown Aatorney before her death.

“She was an enthusiastic member of The Advocates' Society, active in educational and social events for young advocates. Arleen is remembered for her passion for the law and for the energy with which she lived her life,” said the release. More information about the award can be accessed on the Advocates’ Society web site, and nominations can be sent electronically to

Law Times reported last week that Canadian senators make a minimum of $142,400 annually, for 82 to 89 days of work. Readers were asked in this week’s poll if they felt this was fair compensation for Ssnators.

More than 26 per cent of voters said they felt  this was a fair level of compensation, because senators are selected for their high level of expertise and accomplishment. These readers said compensation was acceptable for the time senators work.

More than 73 per cent of voters said they did not support this level of compensation, saying it was ridiculous, given senators can have other paid work while they serve. These readers say the Senate needs serious overhaul.

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The United Nations Association in Canada has announced that Louise Arbour is the recipient of the 2016 Pearson Peace Medal.

The medal was presented by Governor General David Johnston March 17 at a ceremony at Rideau Hall.
A news release from the association says the medal is for “a Canadian who has made an outstanding contribution, in a professional capacity or through volunteer work, to those causes for which Lester B. Pearson is remembered; aid to the developing world; mediation where conflicts arise; assistance to refugees and those in need; equal rights and justice for all; peaceful change through international law and multilateralism.”

Arbour was the chief prosecutor of the International Criminal Tribunal for Rwanda and of the International Criminal Tribunal for the former Yugoslavia. She was also a justice of the Supreme Court of Canada from 1999 to 2004, before her appointment as the UN’s high commissioner for human rights. She also served as president and CEO of the International Crisis Group until 2014.

“The jury especially commended her actions of personal courage beyond her professional remit: that through her professional life she has shown leadership and resolve when confronted with despicable perpetrators and their protectors. Her leadership is a model — professional and personal — for young men and women aspiring to making peaceful change in the world through the enforcement of law and justice for all,” said Kathryn White, president and CEO of UNA-Canada, in the news release.

Ontario has created a new Business Law Advisory Council. It will be chaired by Carol Hansell of Hansell LLP and the vice chairman is E. Patrick Shea of Gowling WLG.

The council will “make recommendations to reform laws that are responsive to changing business priorities and supportive of a prosperous economy,” according to a government news release.

The Toronto Lawyers Association has announced it will be holding the annual event on April 28 from 5:30 to 7:30 p.m. at the Courthouse Library, located on the third floor of 361 University Avenue.

The event is for those who were called to the bar less than 10 years ago, and for articling and law school students.

Judges from the Court of Appeal, judges and masters from the Superior Court of Justice, and judges from the Ontario Court of Justice will be invited. Retired Supreme Court of Canada justice Ian Binnie will be making the opening remarks. Registration is free for TLA members, and it costs $20 for non-members or friends of the TLA. Those interested in attending can contact 416-327-5702 or for more information. 

Law Times reported last week that the federal government is studying the possibility of bringing back, and expanding, the Court Challenges Program. Readers were asked if they supported the return of the program.

Slightly more than 65 per cent of readers indicated they do indeed support the return of the Court Challenges Program, because the program funds important court challenges that have enhanced equality jurisprudence.

Less than 35 per cent of readers indicated they do not support government funding for court challenges, saying it’s a form of advocacy that is important but should not be financed by the public purse.
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Ontario Chief Justice George R. Strathy has received the Toronto Lawyers Association’s 2016 Award of Distinction for his outstanding contributions to the legal profession and the Toronto legal community.

“By conferring its Award of Distinction on Chief Justice Strathy, the TLA recognizes Chief Justice Strathy’s outstanding contributions to the legal profession and to the Toronto legal community over the course of his distinguished career,” said a TLA news release.

“Chief Justice Strathy, in his time on the judiciary and at the bar, has contributed immensely to the legal profession. He has earned a distinguished reputation amongst his peers.”

Strathy was appointed in 2014 after serving on the Court of Appeal, and in the Ontario Superior Court of Justice, said the release.

Mark Lichty, a partner at Blaney McMurtry LLP, received the Honsberger Award.

“Mark is a speaker, teacher, writer, and advocate in the area of insurance coverage law and practice,” said the TLA.

“Integrity and commitment to the community are very important to Mark, who deeply values his Mennonite heritage and believes that senior lawyers should use their expertise to act as mentors for younger practitioners.”

Toronto lawyer Deryk Gravesande will head to trial again regarding allegations he smuggled marijuana to a client in the now-shuttered Don Jail in 2012.

A Public Prosecution Service of Canada spokeswoman says his trial is scheduled for Oct. 31, 2016 and is set for seven days. She said Gravesande is charged with one count of trafficking and the trial will take place at Old City Hall in Toronto. The Ontario Court of Appeal had overturned the drug-smuggling conviction of Gravesande last year.

The Korean Canadian Lawyers Association is holding its 2016 launch event later on March 24 at Goodmans LLP’s offices at 333 Bay St.

The event is an open and an opportunity for interested parties to connect with the KCLA members, members of other legal organizations and representatives of Korean professional organizations. KCLA will also be announcing its upcoming initiatives and events for 2016-2017. There is no cost. Those interested in attending can RSVP to

Gowling WLG has recruited Paul Murphy to be managing director of its nuclear team. A firm news release said Murphy’s practice focuses on different areas related to nuclear energy, including project development and financing, international regulatory and treaty frameworks, and nuclear liability issues.

When it comes to the Law Society of Upper Canada’s new rules on how criminal lawyers handle incriminating evidence, readers are split. In light of a story Law Times covered on these new rules, we asked our readers if they felt these rules will help provide clarity for lawyers in sensitive situations.
Eighty per cent of respondents said these rules are long overdue and will provide important guidance on how lawyers handle sensitive matters. Twenty per cent of respondents said these rules need additional clarity and more specifics so lawyers do not inadvertently end up in trouble.
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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.