The Osgoode Hall Law Journal will be publishing an important new article on legal ethics in class actions by Jasminka Kalajdzic (Windsor) available here http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1838609
with full abstract below.
This is the first article in Canada to directly address how rules and principles of legal ethics apply in class actions. It will be of great interest to academics, judges, lawyers, students, regulators and policy makers who are interested in class actions.
Great material for Professionalism CPD!
Jasminka Kalajdzic, “Self-Interest, Public Interest and the Interests of the Absent Client: Legal Ethics and Class Action Praxis” (2011) 49 Osgoode Hall Law
Are existing ethical norms adequate to address the realities of class proceedings? In this paper, I explore the premise that existing ethical rules are effective when applied to the conduct of class action litigation. To do so, I draw upon extensive American literature on the subject, as well as Canadian jurisprudence and original research involving the interview of seven class action judges on questions of class action legal ethics. Continue reading →
Philip Bryden and Jula Hughes, “The Tip of the Iceberg: A Survey of the Philosophy and Practice of Canadian Provincial and Territorial Judges Concerning Judicial Disqualification” 48 Alberta Law Review.
The “reasonable apprehension of bias” test for judicial disqualification has been a fixture in the common law world for centuries; despite this settled state of the law, judges and commentators have been concerned that the application of the test might be contentious in a significant number of cases. In this article, the authors report on an empirical study surveying Canadian provincial and territorial judges on common scenarios which raise the possibility of recusal. Situated in the applicable case law, the findings demonstrate a wide divergence of opinion on substance and procedure among respondents in their attitudes toward recusal in situations that are analytically marginal, but not rare. The article concludes with some possible explanations for the divergence.
The article is available here: http://www.albertalawreview.com/index.php/alr/article/view/89
Comment from Adam Dodek:
It is the first empirical assessment of the practice of judicial recusal in Canada that I am aware of. The results of Bryden & Hughes work raises serious issues regarding the lack of standards for judicial recusal and the lack of any clear process. I believe that Phil & Jula plan to pursue this issue further which is good news. I strongly recommend the article to those of you interested in bias, judicial ethics, etc. Adam
Adam Dodek, “Ethics in Practice: Sex on the Internet and Fitness for Judicial Offices: Correspondent’s Report from Canada” (2010) 13 Legal Ethics 215 – 219.
From the intro:
Canada is a country better known for its calm and moderation than for noise and scandal. One of Canada’s nicknames, after all, is ‘the peaceable country’. At times Canadians look to our southern neighbours with some degree of envy in that their Declaration of Independence endowed them with ‘life, liberty, and the pursuit of happiness’, whereas our progenitors in Westminster saw fit to give us ‘Peace, Order and Good Government’ (which we refer to affectionately as ‘POGG’). It is against this background that Canada can now boast of legal scandal to rival those in both the mother country and the American colossus. This made-in-Canada scandal contains all the requisite elements: sex, power, money, race, and the internet.
For the full article, click Dodek Ethics in Practice Sex and Internet (2).
For those interested in self-regulation, let me recommend to you a recent article byMerrilee Rasmussen, QC of Saskatchewan “Umbrella Professions Legislation: A ‘Made in Saskatchewan’ Approach” (2010) 73 Sask.L. Rev. 1285-308.
An interesting conflicts case. Two notables:
1. The dangers of discussing work outside the law office – in this case the lawyer in question was shopping for a car.
2. The lawyer represented himself on the motion to disqualify him.
Power v. Zuro, 2009 CanLII 31982 (ON S.C.)