Monthly Archives: August 2013

OBA Foundation Announces 2013-14 OBA Foundation Chief Justice of Ontario’s Fellows

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August 22, 2013

The 2013-14 OBA Foundation Chief Justice of Ontario Fellowships in Legal Ethics and Professionalism have been awarded to Professor Alice Woolley of the University of Calgary Faculty of Law (Fellowship in Research) and Amy Salyzyn, a graduate student at Yale University Law School (Fellowship in Studies).

Professor Woolley’s research project will consider the significance of the lawyer’s status as a fiduciary in defining the lawyer’s duties, in particular duties of loyalty and confidentiality.

Amy Salzyn’s project will study the ethical implications of lawyers’ pre-litigation demand letters.

The OBA Foundation, the charitable arm of the Ontario Bar Association, administers and funds the fellowships.  The Fellowship in Research is a grant of $15,000, awarded annually to full-time teachers at a Canadian university or college.  The Fellowship in Studies, a grant of $5,000 is awarded to lawyers and students who are OBA members.

Media inquiries contact:

Greg Crone, Media Relations/Communications Manager (416) 869-1047 ext. 364 media@oba.org

Background

The 2013 Selection Committee for the Fellowships consisted of two members of the practicing bar, Susannah Roth (Sullivan Estate Lawyers) and Jacqueline King (Shibley Righton LLP); and two members of the legal academy, Douglas Ferguson (University of Western Ontario) and Adam Dodek (University of Ottawa).  The Fellowship is administered by OBA Foundation Trustee Lee Akazaki (Gilbertson Davis Emerson LLP).

The OBA Foundation is the charitable arm of the Ontario Bar Association.  It raises funds for the advancement of education and the encouragement of research related to the efficacy, understanding and application of the law and legal processes, as well as the improvement of the justice system.  Established in 1987, it was previously known as the Advancement of Legal Education and Research Trust (ALERT).

The OBA Foundation is a registered charity and may issue charitable receipts.

S Yatim: Dennis O’Connor resigns from Chief Blair’s police review in wake of streetcar shooting

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From the Toronto Star website, August 28, 2013

Dennis O’Connor, the former associate chief justice of Ontario, has decided he is no longer able to assist Toronto Police Chief Bill Blair in a review into the use of force by police.

O’Connor made the surprise announcement following questions raised about his affiliation to the law firm Borden Ladner Gervais.

“The basis for the decision is my position as counsel with Borden Ladner Gervais LLP (BLG), which also acts for the insurers of the Toronto Police Service in civil suits, some of which include allegations of the wrongful use of lethal force,” O’Connor said in a statement released Wednesday.

“As set out in Chief Blair’s August 14 press release, we are both satisfied that my association with BLG would not in fact impair my ability to provide the Toronto Police Service with sound advice on the matters involved in the review.

“However, after the announcement, we were surprised by the objections raised by lawyers for some of the victims’ families to my conducting the review. We had thought that I could structure and conduct the review to satisfy any concern but apparently not.

“Upon careful consideration, I have come to the conclusion that my association with BLG may raise a public discussion about this issue that would be distracting and unfortunate. I regret that this issue has arisen but I am of the view that if there is any possibility of concern in a matter such as this, it is best to address it at the outset.”

O’Connor said Blair would announce a replacement on Friday.

Blair later released a statement saying, “The Honourable Dennis O’Connor, Q.C., has just explained why he felt he had to withdraw from my internal review I announced on August 12, 2013. I have great respect for Mr. O’Connor and his work and I understand his decision.”

For the rest of the story, and analysis, on the Toronto Star website, click HERE

J Gallant: Chief Blair insists review will be unbiased despite O’Connor’s law firm client list

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Jacques Gallant published this article in the Toronto Star on Wed, August 14, 2013

Toronto police Chief Bill Blair sought to assure the public on Wednesday the internal review of police’s use of force in dealing with emotionally disturbed persons will be unbiased, although the former judge tasked with leading the review, Dennis O’Connor, works for a law firm that has acted for the insurers of the police in civil suits.

In a statement emailed to reporters, Blair said he is satisfied O’Connor, a retired Ontario associate chief justice who is now employed by Borden Ladner Gervais LLP, will be able to provide him with sound advice on the policies he has been asked to look at.

For the rest of the story on the Star website, click HERE

Y Tadese: Ontario court applies McKercher, allowing lawyer to remain on case

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Published in the Law Times on Monday, 19 August 2013 08:00 | Written By Yamri Taddese

In a decision referencing the Supreme Court’s ruling in Canadian National Railway Co. v. McKercher LLP, an Ontario court has refused to remove counsel from a case because he had formerly represented the opposing party. Richard Hames, a founding shareholder of a construction company, wants to retire but is in dispute with the rest of the shareholders about the terms of his withdrawal from the enterprise. The shareholders’ lawyer, Mark Klaiman, had previously represented Hames and his company.
But while Hames claimed Klaiman was in a conflict of interest due to his former retainer with him, the court didn’t readily agree.
In McKercher, the court made it clear that “it is not sufficient for the former client to make bald assertions that the lawyer had obtained confidential information,” Superior Court Justice David Brown wrote in Hames v. Greenberg on July 24.

For the full story on the Law Times website, click HERE

A Cockfield: Introduction to Legal Ethics

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Arthur Cockfield’s book on legal ethics was recently published by LexisNexis Canada Inc., in May, 2013

Abstract:

This book is designed to help to prepare law students and lawyers for ethical and professional issues that  arise in the practice of law and to understand and apply rules of professional conduct. The book can be used, alone or as a supplement to other texts, to generate discussions among students or within a classroom environment about legal ethics. Undergraduate students, legal clients and other members of the public who are interested in the rules that govern lawyers’ professional lives
may also wish to read the book. Continue reading →

A Dodek: Does Solicitor-Client Privilege Apply to an Attorney-General Who Is Not a Lawyer?

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Adam Dodek posted to SLAW on August 6, 2013.

No, it should not. That’s the best answer under existing doctrine and I think it is also the right answer.

In my previous post The Curious Case of the Non-Lawyer Attorney General: White Tiger of the Legal Profession, I reviewed the BC courts’ rejection to a challenge to a non-lawyer being appointed to the top legal job in the BC government.

Since then, BC Premier Christy Clark appointed a lawyer (!) as Justice Minister and Attorney General (The Hon. Suzanne Anton).

Despite this, the trend of non-lawyers being appointed as AGs is not abating and the issue of whether Solicitor-Client Privilege covers their advice is likely to come before the courts eventually. Should Solicitor-Client Privilege protect advice from a non-lawyer Attorney General?

For the full article, complete with handy hyperlinks and discussion, go to the SLAW website HERE

Legal Ethics Symposium Oct 25 & 26 – Updated info including agenda

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CALE – OCTOBER 2013 SYMPOSIUM – DRAFT PROGRAM – JULY 2013

CALE – October 2013 Symposium – Registration and Accommodation Information

Colleagues,

Professor Richard Devlin, the President of CALE, and I are pleased to invite you to the Eighth Canadian Legal Ethics Symposium [now under the banner of the Canadian Association of Legal Ethics] and to the annual meeting of CALE, scheduled to be held at the College of Law, University of Saskatchewan, on October 25 and 26, 2013.

The Symposium promises to be an exciting and important one, with a full agenda.  The draft Agenda for the Symposium is attached, as well as Registration and Accommodation Information. As you will observe, the Agenda will address 1) Legal Ethics Teaching, 2) Legal Ethics Research and Scholarship, and 3) Issues in Regulation.  We are also planning a Professional Development workshop on Conflicts of Interest, to which members of the legal profession will be invited.

There is no registration fee to attend the Symposium and Annual Meeting of CALE, but attendees will be responsible for their own travel and accommodations requirements.  Symposium meals will be provided by the host committee at no cost to attendees.

We very much look forward to your joining us at the Symposium.

Warm regards,

Brent Cotter                                                                       Richard Devlin

Chair of CALE and                                                             President of CALE

Chair, Planning Committee

A Salyzyn and A Woolley receive OBA Fellowships in Legal Ethics and Professionalism

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The 2013-14 OBA Foundation Chief Justice of Ontario Fellowships in Legal Ethics and Professionalism have been awarded to Professor Alice Woolley of the University of Calgary Faculty of Law (Fellowship in Research) and Amy Salyzyn, a graduate student at Yale University Law School (Fellowship in Studies).

Professor Woolley’s research project will consider the significance of the lawyer’s status as a fiduciary in defining the lawyer’s duties, in particular duties of loyalty and confidentiality.

Amy Salyzyn’s project will study the ethical implications of lawyers’ pre-litigation demand letters.

The OBA Foundation, the charitable arm of the Ontario Bar Association, administers the fellowships.  The Fellowship in Research is a grant of $15,000, awarded annually to full-time teachers at a Canadian university or college.  The Fellowship in Studies, a grant of $5,000, is awarded to OBA members who are not eligible for the Fellowship in Research.

Media inquiries contact: Lee Akazaki  lakazaki@gilbertsondavis.com

Background:

The 2013 Selection Committee for the Fellowships consisted of two members of the practicing bar, Susannah Roth (Sullivan Estate Lawyers) and Jacqueline King (Shibley Righton LLP); and two members of the legal academy, Douglas Ferguson (University of Western Ontario) and Adam Dodek (University of Ottawa).  The Fellowship is administered by OBA Foundation Trustee Lee Akazaki (Gilbertson Davis Emerson LLP).

The OBA Foundation is the charitable arm of the Ontario Bar Association.  It raises funds for the advancement of education and the encouragement of research related to the efficacy, understanding and application of the law and legal processes, as well as the improvement of the justice system.  Established in 1987, it was previously known as the Advancement of Legal Education and Research Trust (ALERT).

The OBA Foundation is a registered charity and may issue charitable receipts.