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.
Author Archives: amysalyzyn
News: Judge reproduces submissions as decision
Ian Mulgrew, Postmedia News · Apr. 15, 2011 | Last Updated: Apr. 15, 2011 4:16 AM ET
VANCOUVER . A new trial has been ordered and a $5-million judgment thrown out after the B.C. Court of Appeal ruled that a judge had plagiarized most of his ruling in a trial involving a brain-damaged baby and a B.C. hospital.
In a decision released Thursday, the appeal court said it is only the fourth time in Canadian history a judge has substantially reproduced all of the submissions of a participating party in a lawsuit as reasons for judgment.
For the full article in the National Post, click HERE.
Quebec lawyers’ disciplinary body under attack
Quebec lawyers’ disciplinary body under attack
By Jan Ravensbergen, THE GAZETTE March 31, 2011 7:53 AM
MONTREAL – The Barreau du Québec is grappling with such a serious backlog in processing complaints and disciplinary procedures against its lawyer members that it doesn’t appear to have a firm grip on the average length of time it takes to resolve a disciplinary matter – which can often prove a years-long odyssey.
The Gazette has learned both the Office des professions and the Quebec ombudsman’s office have been probing and prodding the Barreau over its delays.
To read the entire article in the Gazette, click HERE
Jack King reprimanded by Law Society of Manitoba
From the CBC website:
A Winnipeg lawyer has been given a reprimand after pleading guilty at a disciplinary hearing to all charges against him, including sexual harassment of a client, conflict of interest and failing to act with integrity.
Jack King appeared before the Law Society of Manitoba on Monday to face the charges in connection with attempting to pressure a man, Alexander Chapman, to have sex with his wife, Lori Douglas.
For the full story, click HERE.
Trillium Motor World Inc.
Trillium Motor World Inc. v. General Motors of Canada Limited, 2011 ONSC 1300
The case involves a law firm (Cassels) that is alleged to have acted for two sides (the Government of Canada as well as the GM dealers) in the rationalization of GM’s operations in Canada. Strathy J certified the class, highlighting the concept of fiduciary duty owed by lawyers to members of the class per the Strother and Galombos cases.
For the decision, click Trillium Motor
Dispute Resolution and Professionalism at U of Ottawa
At the University of Ottawa’s Faculty of Law, Common Law Section, students may elect to complete an option in various areas: (1) International Law; (2) Law and Technology; (3) Social Justice and (4) Environmental Law.
This month the University Senate approved the creation of a new option in Dispute Resolution and Professionalism. Information on this option is available here http://www.commonlaw.uottawa.ca/en/programs/dispute-resolution-and-professionalism/dispute-resolution-and-professionalism.html
Kudos to professors Ellen Zweibel and Marina Pavlovic who were the driving forces behind the creation of this option.
Federation of Law Societies of Canada: Conflicts of Interest
The Federation of Law Societies of Canada Advisory Commitee on Conflicts of Interest has posted its supplementary report on Conflicts of Interest.
It is available on the FLSC website by clicking HERE.
The introduction to the report explains:
Introduction
1. The Advisory Committee on Conflicts of Interest (the “Committee”) was originally mandated to make recommendations to the Council of the Federation on a rule governing conflicts of interest. After studying the relevant law, considering the report of the Canadian Bar Association Task Force on Conflicts of Interest (the “CBA Task Force”), meeting with members of the CBA Task Force, and reviewing the draft rule in the Model Code of Professional Conduct, the Committee issued its final report in June 2010 (the “Final Report”).
2. In August 2010, while voting on the Final Report by members of Council was underway, the Federation received a response to the Final Report from the Canadian Bar Association (the “CBA Response”). At the request of Council, the Committee was reconvened to consider the CBA Response, to conduct such consultations as the Committee saw fit and to report back to Council.
3. This is the report of the Committee’s further onsiderations, consultations and recommendations.
D Thompson, “Dangerous Opinions – Legal and Ethical Issues with Legal Opinions on Charity Law and the Income Tax Act”
D Thompson, “Dangerous Opinions – Legal and Ethical Issues with Legal Opinions on Charity Law and the Income Tax Act”
To access his paper on the global philanthropy website, click HERE.
R Devlin and J Downie, “And the Learners Shall Inherit the Earth…”
Richard Devlin & Jocelyn Downie, “And the Learners Shall Inherit the Earth…Continuing Professional Development, Lifelong Learning and Legal Ethics Education” (2010) 3 CLEAR 9
R Devlin, “Reconstructing Judicial Ethics in Canada”
Richard Devlin, “Reconstructing Judicial Ethics in Canada” (2010) 42(1) Mc George L.Rev 19.
Canadian Association for Legal Ethics / Association canadienne pour l’éthique juridique 