mt_ignore
Legal Feeds
Canadian Lawyer
jobsinlaw.ca

Inside Story

DOER JOINS DENTONS IN TORONTO
The former Canadian ambassador to the United States and a past premier of Manitoba, Gary Doer, has joined Dentons in its Toronto office.

In the role of senior business adviser, Doer will be working with all of the firm’s offices across Canada (including Calgary, Edmonton, Ottawa, Montreal and Vancouver), throughout the United States and around the world.

“I think advocacy through an international law firm, particularly with assets in the United States, could be a real advantage for Canadians and for Americans to get stuff done,” says Doer.

Doer served as Canada’s ambassador to the United States from October 2009 to March 2016.

Prior to that, Doer was the 20th premier of Manitoba, from 1999 to 2009, leading the New Democratic Party to win three consecutive majority governments. 

“I was involved as a premier in the European trade discussions and one of the big issues for Europe was procurement for subnational governments. I was very involved in that process and very aware of what the benefits are for Canada. I was very involved in the TPP (Trans Pacific Partnership) negotiations, which gives some certainty and parameters to state-owned enterprises in dealing with free market countries like Canada, the United States and Mexico,” says Doer.

He will work with Dentons’ Canada-U.S. trans-border practice.

Doer will also be deeply involved in the firm’s global public policy initiatives.

“We are honoured to welcome Gary to Dentons — his arrival further strengthens the unmatched talent and scope of our team of business and public policy advisors,” said Chris Pinnington, Dentons’ Canada chief executive officer, in a statement.

ATWOOD TO SPEAK AT LEAF EVENT
Noted Canadian writer Margaret Atwood will be the keynote speaker at the Women’s Legal Education and Action Fund’s Person’s Day Breakfast. The event will take place Oct. 19, from 7 a.m. to 9 a.m., at the Sheraton Centre in Toronto.

To learn more about the event, contact c.daniel@leaf.ca or 416-595-7170. Tickets can be purchased online at www.leaf.ca/pdbtoronto2016/.

CABL EVENTS ON THE HORIZON
The Canadian Association of Black Lawyers will have its sixth annual conference Oct. 14, in partnership with the Law Society of Upper Canada. The conference will take place at the LSUC’s Donald Lamont Learning Centre, at 130 Queen Street West in Toronto. That evening at 6 p.m., there will be a 20th anniversary opening night reception, at the Fairmont Royal York’s Upper Canada Ballroom. On Oct. 15, CABL will have its 20th anniversary gala at the Fairmont Royal York’s Concert Hall Ballroom. More information and updates on these events are available at www.cabl.ca.

LAW TIMES POLL
A Law Times series has explored how technology is changing how lawyers operate. Readers were asked if they thought they would use a legal app in their practice in the next two years. About 56 per cent said yes, and that embracing new technologies helped them harness information in new ways.

About 44 per cent said no, while new technologies are important, some of the new tools proposed are not relevant to their work and not useful in their day-to-day practice.
Add new comment
FRANK ADDARIO WINS LIFETIME ACHIEVEMENT AWARD
For Frank Addario, some of his most memorable cases were the ones in which he was able to change the life of a client in trouble.

The Criminal Lawyers’ Association has given the veteran criminal lawyer a lifetime achievement award for his work as defence counsel over the years.

Called to the bar in 1985, Addario has defended clients at all levels of the courts right up to the Supreme Court of Canada.

Addario says some of the more rewarding cases he has worked on have been ones where he has been able to make a small difference in people’s lives.

He recalled the case of Brenda Batisse, an aboriginal woman he represented who had kidnapped a newborn baby from a hospital in 2007 after pretending to be pregnant to her partner.

Batisse suffered from mental health problems and Addario was able to get her sentence reduced on appeal.

“That was rewarding because that was someone whose life had been ruined and I was able to improve it just a tiny bit,” he says.

Addario was president of the CLA from 2006 to 2009, and he is credited with leading a successful effort in 2008 to get the government to inject more funding into Legal Aid Ontario.

“The program still needs support and improvement, but we took a giant step in 2008,” he says.

He will receive the 2016 G. Arthur Martin Criminal Justice Medal at a gala luncheon during the CLA annual convention in October.

RETIRING SCC JUSTICE CROMWELL MARKS LAURIER’S 175TH BIRTHDAY
Retiring Supreme Court Justice Thomas Cromwell is set to mark Sir Wilfrid Laurier’s 175th birthday with a special essay about Canada’s seventh prime minister.

Cromwell’s essay concerns Laurier’s 1864 valedictory address at McGill University’s law school.

“Here is the foundation of Laurier’s political beliefs,” Cromwell writes in the essay.

“He hoped that Canadian patriotism, mutual respect, compromise and adherence to the deep principle of justice would overcome linguistic, religious and regional divisions.”

Cromwell’s essay is part of a book, called Canada Always: The Defining Speeches of Sir Wilfrid Laurier, that examines some of Laurier’s more memorable oratory.

The book, which was edited by former journalist Arthur Milnes, is set to come out in October. Laurier’s birthday is Nov. 20.

VETERAN TAX LAWYER JOINS GOWLING WLG
Tax lawyer Steven Baum has joined Gowling WLG as a partner.

Baum has more than 25 years of experience advising banks, insurance companies and securities dealers on complex tax issues and will be working with the firm’s tax group to provide advice to clients across a broad range of sectors.

“Over the course of his career, Steven has built an impressive practice and proven himself a forward-thinking leader in the field of tax law,” said Peter Lukasiewicz, CEO of Gowling WLG (Canada) LLP.

“With his specialized expertise in the financial services sector and ability to foster strong relationships with financial institutions, Steven will be an important addition to our tax team and a significant resource for our clients.”

Baum has also been a taxation instructor at the Ontario Bar Admission Course and an adjunct professor at Osgoode Hall Law School.

LAW TIMES POLL
A Law Times column last week argued that people should not have to get undergraduate degrees before going to law school.

Readers were asked if they agree with this position.

Almost 23 per cent said yes, going to get an undergraduate education is a waste of time and delays a lawyer’s entry into the workforce.

Roughly 77 per cent said no, getting an undergraduate education teaches students critical thinking skills needed for law schools.

Add new comment
LAWYERS TEAM UP TO LAUNCH ROSEN SACK LLP
Toronto lawyers Avra Rosen and Susan Sack have joined forces to start a new firm called Rosen Sack LLP.

The two lawyers have been friends since they were put in the same section at Osgoode Hall Law School in the 1980s.

“We are two very strong women, advocates, trial lawyers — very similar in the way we approach things and how we have compassion for our clients and strive for excellence,” Rosen says.

Called to the bar in 1987, Rosen practised family law while Sack initially pursued commercial litigation.

Rosen has had her own family law firm, Law Offices of Avra Rosen, for the last 19 years. She says one of her only sticking points of creating the new firm was that everything in her office remains purple — which has become what she calls her “colour trademark.”

Sack, who recently left Basman Smith LLP, focuses the majority of her practice representing family lawyers in LawPRO proceedings, but she also does some family law and commercial litigation.

The firm, which launched Aug. 15 with six lawyers, is set to move into a new space at the corner of St. Clair Avenue and Yonge Street in Toronto. The two lawyers say their skillsets complement each other well because the new firm will offer a complete package for family law clients who may need the help of a lawyer with estate litigation experience.

SOUTH ASIAN BAR ASSOCIATION WELCOMES NEW DIRECTORS
Five new directors have been elected to the South Asian Bar Association of Toronto’s board of directors.

SABA Toronto elected Aarondeep Bains of Aird & Berlis LLP, Neil Gurmukh of Miller Thomson LLP, Devin Persaud of Borden Ladner Gervais LLP, as well as lawyers Aman Patel and Vibhu Sharma.

The directors will join the board after being elected at the association’s 10th annual general meeting in August.

TLA CALLS FOR HONSBERGER AWARD NOMINEES
The Toronto Lawyers Association is calling for nominations for the 2017 Honsberger Award.
The annual award recognizes a TLA member’s accomplishment or ongoing contribution, which exemplifies knowledge, advocacy and community — the association’s three pillars.

The award is named after John Honsberger, a TLA president from 1967 to 1968 and association historian who was the first recipient of the Law Society Medal and the TLA Award of Distinction.

For a nomination form or for more information, contact jrataiclang@tlaonline.ca. The deadline for nominations is Sept. 30 and the award will be presented at the TLA Awards of Distinction Reception on March 2, 2017.

LAW TIMES POLL
Law Times reported recently that Legal Aid Ontario is reconsidering its practices around transparency in light of the province’s recent Open Data Directive.

Readers were asked if they thought Legal Aid billings should be kept secret.

Around 45 per cent said yes, releasing the data would violate the privacy of lawyers and the information would lack context.

The remaining 55 per cent said no, transparency and accountability would be enhanced if it was released, showing how public funding is used.
Add new comment
DONALD BAYNE WINS 2016 CATZMAN AWARD
The Advocates’ Society has announced this year’s Catzman award will go to Donald Bayne.

The Ottawa criminal lawyer is known for defending high-profile clients in complicated cases throughout the years at all levels of courts.

Last year, Bayne successfully defended Senator Mike Duffy against charges of fraud, bribery and breach of trust in his trial.

Bayne, who is a partner at Bayne Sellar Boxall LLP, has practised criminal law for 36 years and the Law Society of Upper Canada has given him the designation of a specialist in criminal litigation.

The Advocates’ Society created the Catzman award in 2008 along with the Catzman family and recognizes legal professionals who exemplify knowledge of the law, integrity, fairness, civility, as well as a number of other virtues.

It was named after Marvin Catzman, a deceased former justice of the Ontario Court of Appeal, and is presented annually by the Chief Justice of Ontario in the fall. Previous winners include Toronto lawyer Samuel Marr, Superior Court Justice Michal Fairburn and lawyer Connie Reeve.

Bayne is a fellow of the American College of Trial Lawyers, a past director of the Criminal Lawyers Association and the director of the University of Ottawa Heart Institute Foundation.

He will receive the award at the Opening of the Courts Ceremony in Toronto on Sept. 13.

MARCH APPOINTED TO ONTARIO COURT OF JUSTICE
A veteran criminal lawyer has been appointed to serve as a judge at the Ontario Court of Justice in Pembroke, Ont.

Called to the bar in 1992, Michael March has practiced mainly in Renfrew County. He has often taken on pro bono work in his career, developing a reputation for sticking up for the vulnerable and those in need.

Recently, March volunteered with Project Welcome, an initiative that sponsored refugees.

TORONTO FIRM HAS A LAUGH WITH BREXIT AD
A Toronto law firm has had a laugh at the expense of its counterparts across the pond.

Lax O’Sullivan Lisus Gottlieb LLP has circulated a postcard poking fun at the United Kingdom’s recent vote to leave the European Union. The card is in the style of a news story from the Guardian newspaper with the headline “LAXIT!” and informs readers that the law firm has decided to pull out of the U.K. (The firm does not have any offices in Great Britain.)

“The partners of Lax O’Sullivan Lisus Gottlieb, the self-proclaimed legendary Canadian firm of barristers and solicitors, have voted unanimously to close all their UK offices,” the tongue-in-cheek advertisement reads.

“This was a decision short in the making,” the firm’s managing partner, Matt Gottlieb, was quoted as saying on the postcard.

“Besides, I was personally exhausted from all the commuting and just want my wife back.”

The card also includes a made-up quote from the British Foreign Secretary Boris Johnson saying the firm will not be missed.

“I always found LOLG a really difficult acronym to pronounce,” it quotes him as saying.

LAW TIMES POLL
Law Times reported recently that the Ontario Court of Appeal ruled that sent text messages can be used as evidence against the sender when seized from a recipient’s phone.

Readers were asked if they thought sent text messages should be considered private.

Almost 38 per cent said yes, sent text messages should be excluded as evidence, as they are a private communication between two people.

The remaining 62 per cent said no, they should not be considered private, as “senders are alive to the fact that their communications may no longer be private once sent of made.”

Add new comment
INVESTORS CLINIC LAUNCHED
An Osgoode Hall law professor is set to launch a free investors clinic, thanks to a grant from the Law Foundation of Ontario.

Poonam Puri is starting the Investor Protection Clinic and Living Lab, which will help individual investors who suffer loss because of wrongdoing.

The clinic is a joint project with FAIR Canada.

“Canadian investors who believe they have been wronged or suffered a loss deserve a single point of contact to help them with their investment complaint,” says Puri.

“Our clinic, the first of its kind in Canada, will fill this gap. I’m really excited to be able to offer this unique hands-on learning opportunity to Osgoode Hall law students.”  

Law students will staff the clinic, heralded as the first of its kind in the country.

The clinic will collect information and data on complaints, and will develop a plain-language grievance guide for investors who have fallen prey to fraud.

The Law Foundation provided Puri with a $98,959 grant to launch the clinic through its Access to Justice Fund.

The foundation announced a total of $700,000 for eight different initiatives that all look to help vulnerable investors.

Other winners who received grant money from the Law Foundation included the Canadian Centre for Elder Law, a division of the British Columbia Law Institute, the Canadian Foundation for Advancement of Investor Rights and the Fondation du Barreau du Québec.

OBA WINS INTERNATIONAL AWARD
The Association for Continuing Legal Education has given an award to the Ontario Bar Association for its use of technology in its continuing professional development.

The OBA received the honour for its OBA Institute 2016, which brought together 2,000 lawyers from across the province in February.

The OBA said technology played a big role in the gathering, connecting venues in Ottawa and Toronto through a number of methods, including two-way hubs, which allowed lawyers to participate in events in the other city.

DALTON JOINS DLA PIPER (CANADA) LLP
DLA Piper (Canada) LLP welcomed corporate lawyer Lauren Dalton as the newest addition to its Toronto office. Dalton will join the firm as an associate. Called to the bar in both Ontario and New York State, Dalton has experience in cross-border issues.

LAW TIMES POLL
Law Times reported recently that Paul Schabas, the new treasurer of the Law Society of Upper Canada, will be taking a “hard look” at the Law Practice Program, after concerns were raised that the program creates two tiers in the licensing system. Readers were asked if the review is needed.

Almost 87 per cent of respondents said yes, a review of the LPP is needed and there are outstanding concerns that require scrutiny.

Roughly 13 per cent of respondents said no, a review is unnecessary and the program has been introduced already. Any review would simply be window dressing.
Add new comment
TRUSTLAW INDEX SHOWS DECREASE IN CANADIAN PRO BONO HOURS
It seems Canadian lawyers are spending fewer hours on pro bono work than they were last year.

According to the Canadian firms that sent their data to the 2016 TrustLaw Index of Pro Bono, their lawyers spent an average of 13 hours on pro bono work over the last year, a decrease of 1.8 hours from the previous index.

The percentage of lawyers completing 10 hours or more of pro bono also dropped by more than 25 per cent, to 26.9 per cent from 36.3 in 2015.

The survey average was 39.2 pro bono hours per lawyer in the last year.

However, Nicholas Glicher, director, legal, and head of African Programmes at the Thomson Reuters Foundation based in Johannesburg, says only four Canadian firms — Blake Cassels & Graydon LLP, McCarthy Tetrault LLP, Shearman & Sterling LLP, and Skadden, Arps Slate Meagher and Flom LLP — responded to TrustLaw’s request for data, which makes it difficult to “judge the whole of the Canadian pro bono community.”

In 2014, Canadian Lawyer conducted a pro bono survey offering more of an in-depth look at the Canadian pro bono market.

Gordon Baird, partner at McCarthy’s and chair of its National Pro Bono Committee, says he was surprised by the drop compared to last year’s index and is hoping to increase the firm’s hours up significantly.

“Our goal — although whether it’s ultimately achievable I don’t know — is to try to get to 50 hours per lawyer per year,” Baird says.

JEAN-FRANCOIS VADEBONCOEUR JOINS GOWLING WLG
A leading banking and finance lawyer has joined the ranks of Gowling WLG (Canada) LLP.

The international law firm recently announced the addition of Jean-François Vadeboncoeur to its Montreal office.

“Jean-François has a dynamic practice that complements the strengths of our firm-wide corporate commercial team,” said Peter Lukasiewicz, CEO of Gowling WLG Canada.

“With his unique banking, finance, and real estate experience, he'll help advance the scope of our corporate commercial platform to better serve the needs of our clients in Quebec.”

Called to the Quebec bar in 2001, Vadeboncoeur’s areas of experience include corporate law, banking, real estate, and financial services.

TORONTO LAWYERS ASSOCIATION TO HOST CALL TO THE BAR CELEBRATION
Called the bar in 2016? Have a drink on the Toronto Lawyers Association this fall.

The TLA is set to hold its Call to the Bar celebration on Sept. 14 for all lawyers who were called to the bar this year.

Wine and appetizers will be served at the event, which will take place at the Courthouse Library at 361 University Ave.

Registration for the event is free for members and those called to the bar in 2016 can sign up for a free membership on the TLA’s web site.

For more information, e-mail events@tlaonline.ca or call 416-327-5700.

LAW TIMES POLL
Law Times reported recently that Legal Aid Ontario lawyers have filed a pay equity complaint on the basis that legal aid lawyers are predominantly female.

Readers were asked if they thought the complaint has merit.

Around 42 per cent said yes, Legal Aid Ontario lawyers are not paid sufficiently for their work, and any steps that can be taken to correct the pay gap are strategically valuable.

The remaining 58 per cent said no, this approach to addressing displeasure with wages does not make sense and a similar complaint already failed.
Add new comment
U OF OTTAWA LAW PROFESSOR LOOKS TO DEMYSTIFY CONSTITUTION
Adam Dodek wants to debunk the myth that the Canadian Constitution is boring.

The University of Ottawa law professor is releasing an expanded version of his book, The Canadian Constitution, which provides a primer on the cornerstone of Canada’s legal framework.

“It’s going to make the Constitution accessible and understandable to lawyers, experts and ordinary Canadians for the very first time,” Dodek says.

He says he felt the need to update the original book, which was released in 2013, in order to reflect legal changes and to expand on its explanations of the Constitution.

In addition to including the complete text of the Constitution Acts of 1867 and 1982 with an index, the expanded book also looks at each section and explains what it means, Dodek says.

“If you read our Constitution, you would think that the prime minister is a marginal figure and is essentially an event planner,” he says.

“So much of the way our Constitution works is sort of hidden beneath the text.”

The book also uses stories that highlight Constitutional rulings, such as that of the groundbreaking 1929 Persons Case, to help understand how the Constitution is applicable to Canadians’ lives.

“It makes it understandable and translates it into ways that everyone can understand,” Dodek says.

FINALISTS ANNOUNCED IN CHALLENGE
Six Ontario legal startups are through to the second stage of the Legal Innovation Zone’s Access To Justice Challenge.

Ryerson University’s legal incubator announced the winners from a pool of 10 nominees that pitched their solutions to enhance access to justice.

The startups that will get the chance to compete for $50,000 in seed money, including a $25,000 first-place prize, will be Codify Legal Publishing, JusticeTrans, Law Scout Inc., Legally Inc., Lex Cortex Ltd and ParDONE. The final winner will be announced Nov. 25.

CRIME RATES UP IN CANADA
Police-reported crime increased for the first time in 12 years in 2015, according to new information released by Statistics Canada.

The federal agency uses the traditional crime rate and the Crime Severity Index to measure police-reported crime. The CSI, which measures the volume and severity of crime, saw an uptick of five per cent in 2015 from the previous year, but it was still at a level that was 31-per-cent lower than in 2005.

Statistics Canada says the increase in the CSI was because of more incidents of fraud, breaking and entering, robbery, and homicide. The traditional crime rate, which uses the volume of reported crime relative to an area’s population, rose three per cent in 2015 from 2014.

There were 22-per-cent more attempted murders reported and a 15-per-cent increase in homicide. The CSI for Ontario alone saw an increase of two per cent, which Statistics Canada says is due to an increase in reported fraud. Toronto has one of the lowest CSIs of 33 consensus metropolitan areas with a rate of just 45.7.

LAW TIMES POLL
Law Times reported recently that lawyers are criticizing the Provincial Offences Act, when it comes to the legal process following careless-driving incidents.

Readers were asked if they think the POA needs overhauling. One hundred per cent of respondents indicated yes, the POA lacks consistency and is confusing when it comes to sentencing. It definitely needs updating. There were no respondents that said no, the way the POA currently works is just fine.                 
Add new comment
SCC DECISION AFFECTS FEDERALLY REGULATED EMPLOYEES
In a dramatic reversal, the Supreme Court of Canada overturned what had been called a “game-changing” decision by the Federal Court of Appeal, and ruled that non-unionized employees of federally regulated business are entitled to similar protections against dismissal as those afforded to unionized workers.

The SCC ruled six to three in the case of Wilson v. Atomic Energy of Canada Ltd. In February 2015, the Federal Court of Appeal had held that federally regulated employers may dismiss employees without cause.

The general consensus previously was that employees governed by the Canada Labour Code could only be terminated for just cause.

The decision affects half a million non-unionized employees working in banks, telecommunications, airlines, and other federal enterprises.

“It sets the law to what we thought it was prior to the Federal Court of Appeal decision,” says Stacey Ball, of Ball Professional Corp., who was counsel for the intervener Canadian Association for Non-Organized Employees.

“Basically, you can’t dismiss someone on a without cause basis. The adjudicator has a standard right to challenge your dismissal now — that’s been reconfirmed,” he added.

The decision was disappointing to Ronald Snyder, partner at Fogler Rubinoff LLP in Ottawa, who represented Atomic Energy of Canada Ltd. in the case. He calls it “unsettling” with “very significant consequences.”

LAW SOCIETY LAUNCHES INDIGENOUS ADVISORY GROUP
The Law Society of Upper Canada has launched an Indigenous Advisory Group to help guide the legal community’s implementation of the Truth and Reconciliation Commission report’s calls to action.

The group, which will be made up of legal professionals and elders from aboriginal communities, will provide advice to the law society on unique issues faced by Ontario’s aboriginal peoples.

“The IAG looks forward to working with the law society to advance and encourage reconciliation of indigenous peoples and legal systems with the Canadian legal system – its constitution, laws, legal framework, and jurisprudence,” said the group’s interim chairwoman Kathleen Lickers.

NORTHERN SUPERIOR RESOURCES APPEAL LAUNCHED
A junior mining exploration company has appealed the dismissal of its $110-million claim against the provincial government for breach of duty to consult.

Sudbury-based Northern Superior Resources Inc. filed a notice of appeal at the Court of Appeal in June, after an Ontario Superior Court justice threw out its claim concerning a loss of access to mining in an area new Thunder Bay, Ont.

The company lost its access in 2012 because of disputes with the Sachigo Lake First Nation. In its claim, the company said the government had failed in its duty to consult the First Nation and that the disputes were the result of a breach of duty on the part of the province. The trial judge dismissed the claim, saying the company could not reasonably expect to be compensated by the province, as it was never directly involved in the company’s relationship with the community.

LAW TIMES POLL
Law Times reported recently that the Law Society of Upper Canada voiced concerns over a proposed policy at the Ontario Securities Commission that would make lawyers eligible for up to $5 million in whistleblower awards.

Readers were asked if they thought this policy is dangerous for lawyers.

Around 40 per cent of respondents said yes, this proposed policy is harmful and puts lawyers in breach of law society rules and it should be nixed.

But 60 per cent said no, awards like this help root out wrongdoing and provide incentives to people to report unethical practices.


Add new comment
LAW FOUNDATION WELCOMES NEW CHAIRWOMAN
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.

FIDLER RECEIVES AWARD OF EXCELLENCE
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.

INTERNATIONAL ENVIRONMENTAL LAW SYMPOSIUM
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 mtaws@cigionline.org.

LAW TIMES POLL
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.
Add new comment
MARK JOHNSON BECOMES GENERAL COUNSEL AT TCHC
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.”

OSGOODE NETWORK LOOKS TO BREAK DOWN BARRIERS FOR LAW STUDENTS
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 OFGN@osgoode.yorku.ca or by calling 416-432-9706.

TLA TO HOLD SPEED MENTORING FOR YOUNG LAWYERS
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 www.tlaonline.ca/event/speedmentoring.

For more information, call 416-327-5700 or e-mail events@tlaonline.ca.

LAW TIMES POLL
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.


Add new comment
LAWYERS LOOK TO RAISE $500K FOR ST. MICHAEL’S
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 www.malachyssoiree.org.

IADC STARTS ONLINE REFERENCE GUIDE
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.
 
LOUISE ARBOUR NAMED 2016 TANG PRIZE LAUREATE
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 POLL
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.
Add new comment
RETIRED LAWYER WALKS FOR PARKINSON’S DISEASE RESEARCH
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.

CONSTRUCTION LAWYERS CONFERENCE
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.

BLG CHANGES
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 POLL
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.
Add new comment
FATHER-DAUGHTER DUO LAUNCH STARTUP
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.

FEDERAL GOVERNMENT TO BOOST LEGAL AID
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.

COHEN HIGHLEY LLP AWARDED DAVID C. ONLEY HONOUR
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 POLL
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.

Add new comment
GHIZ JOINS GOWLING WLG
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.”

ONTARIO REPORTS GO DIGITAL
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.

EMPLOYMENT LAWYER LEGAL BATTLE
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 POLL
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.
Add new comment
LAWPRO PRESIDENT HONOURED WITH REAL ESTATE AWARD
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.

ALLIANCE ANNOUNCED
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 ABELLA HONOURED
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 POLL
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. 
Add new comment
LAW TIMES POLL
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.
Add new comment
JUDGE HONOURED BY SABA OF NORTH AMERICA
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 CALLS TO ABOLISH INDEFINITE SEGREGATION
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 www.ombudsman.on.ca.

ONTARIO ACCESS TO JUSTICE CHALLENGE LAUNCHED
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 http://legalinnovationzone.ca/a2jchallenge.

LAW TIMES POLL
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.
Add new comment
BAKER & MCKENZIE DATA PRIVACY SURVEY
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.” 

AWARD NOMINATIONS WELCOMED
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 soar.on.ca/2016/03/soar-medal-2016-nominations-are-open.

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.

LAW TIMES POLL
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.
Add new comment
<< Start < Prev 1 2 3 4 5 6 7 8 9 10 Next > End >>
Page 3 of 25

  • Access to Justice
    Access to Justice The Action Group on Access to Justice (TAG) strives to inform the public on the importance of the people having access to legal resources and…
  • Legal Aid lawyers rally for collective bargaining rights
    Legal Aid lawyers rally for collective bargaining rights Legal Aid Ontario lawyers held three protests in July to push the provincial government to support their attempts to unionize. The lawyers have been in…
  • Jane-Finch community gets employment law help
    Jane-Finch community gets employment law help Osgoode Hall Law School's Community Legal Aid Services Programme recently opened an employment law division for Toronto's Jane-Finch community.Phanath Im, review counsel for the division,…
More Law Times TV...

Law Times poll

A recent Court of Appeal decision acknowledged a ‘new reality’ of civil litigation in which courts are seeing a significant number of self-represented litigants. Are courts are doing a good job of addressing the needs of self-represented litigants?
Yes, judges are doing a good job of ensuring trial fairness.
No, courts have only just begun to consider the many issues surrounding self-represented litigants.