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This Week's Issue

Law society ramps up interim suspensions

Alex Robinson - Monday, August 14, 2017

Lawyers who represent practitioners in discipline proceedings are deeply concerned about an increase in interim suspensions the Law Society of Upper Canada has brought in recent years.
When the law society feels that allegations against a lawyer are so serious that they could put the public at serious risk of potential harm, it can bring a notice of motion for what’s called an interlocutory suspension to the regulator’s tribunal. If successful, this stops a lawyer from practicing on an interim basis while an investigation and potential prosecution are being carried out.

In the first six months of 2017, the law society issued 19 interlocutory suspension motions, compared to 11 during the same period in 2016.

The law society brought 25 interlocutory suspension motions in all of 2016. This was an increase from the 14 that were brought in each of the two pr...


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Judge slaps $140K in costs on estate trustee

An estate trustee who took an “egregious” position in litigation has been ordered to personally pay more than $140,000 in costs.

Speaker's Corner: Terror ruling may impact Khadr case

Recently, the Ontario Court of Appeal substantially upheld the Superior Court’s decision in Tracy v. Iran. Previously, the Superior Court had recognized U.S. default judgments in favour of victims of terrorist groups sponsored by the Iranian government and, in turn, ordered that Iran’s state assets located within Canada be paid to the victims. The decision was the first of its kind in Canada under the Justice for Victims of Terrorism Act.

PI boutiques battle non-lawyer ownership

Personal injury boutiques are keeping up the fight against non-lawyer ownership of law firms after the Law Society of Upper Canada put the subject of Alternative Business Structures back on its agenda.

Focus: Proxy disputes alive and well in Canada

Shareholder democracy activists should not get carried away by the arrival of proxy access proposals north of the border, according to a Toronto lawyer.

Focus: Social media use should comply with securities law

Corporate lawyers say reporting issuers need to work securities law compliance into their social media policies after a report by the Canadian Securities Administrators found shortcomings in online disclosure practices.

Focus: Decision affirms independence of sports organizations

A recent Superior Court decision shows sports organizations should be left to their own devices when it comes to matters of internal governance, says a Toronto lawyer.  

Inside Story

Monday, August 14, 2017

FELLOWSHIPS AWARDED
The OBA Foundation Chief Justice of Ontario Fellowships in Legal Ethics and Professionalism has selected two recipients for its 2017-2018 awards.

Brooke MacKenzie, co-founder of MacKenzie Barristers PC, has been selected to receive the Fellowship in Studies award.

Cristina Toteda, a faculty lecturer with McGill University’s Faculty of Law, has been selected to receive the Fellowship in Research award.

“Ms. MacKenzie will be researching motions for disqualification of counsel on the basis of conflicts of interest and Ms. Toteda will be researching to develop an immersive one-week module in legal ethics and professionalism for students that will serve as a catalyst towards more practical experienced-based legal ethics and professionalism in the Canadian context,” said Anton Katz, one of the trustees of the OBA Foundation.

The Fellowship in Studies is for $5,000, and the Fellowship in Research is for $15,000. Fellowships will be completed by June 30, 2018.

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Law Times poll

An estate trustee who took an ‘egregious' position in litigation has been ordered to personally pay more than $140,000 in costs. Will this ruling serve as an appropriate caution to executors on how they conduct themselves in litigation?
Yes, this will remind trustees of the potential exposure of significant awards being made against them personally.
No, it’s unlikely this ruling will dissuade executors from engaging in unreasonable conduct during litigation.