I Gamble: TCC takes another look at solicitor-client privilege and common interest privilege

By Ian Gamble and posted to the Thorsteinssons LLP website

In Imperial Tobacco Canada Limited v. The Queen, 2013 TCC 135, the Tax Court of Canada (TCC) usefully examined various elements of solicitor-client privilege and common interest privilege when it ordered the disclosure of certain documents. The judgment arose following an interim motion brought by the Crown seeking disclosure of certain internal communications relating to a cross-border investment involving the Canadian, Australian, and Italian subsidiaries of a UK parent company. The Crown was partly successful. The following useful principles emerge from the judgment, and should be kept in mind by anyone involved in significant corporate transactions. Where reasonable and appropriate, these principles should be expressly referred to on the face of the applicable communication and document.

For the list of principles, click HERE

Prof E Zweibel wins prestigious international teaching award

For the original article and pictures on the University of Ottawa website, click HERE.

Additional note: Professor Zweibel was a pioneer in the field of teaching Alternative Dispute Resolution, piloting the first course over 15 years ago.  She was able to develop this into a mandatory course in our first year program and integrated ethics into it. 

Common Law Professor Ellen Zweibel  has been awarded the Desire2Learn Innovation Award in Teaching and Learning  for 2013, an international recognition of her exceptional dedication and genuinely innovative approaches to higher education.

“Ellen Zweibel is a true leader in her field and the University of Ottawa is fortunate to have her,” says Dr. Rose Goldstein, Vice-Principal, Research and International Relations at McGill University.  “So many students and teachers have benefited from Ellen’s innovative teaching and this award is extremely well-deserved.” Continue reading

C Schmitz: “Supreme Court of Canada to look at issue of ex-judges representing clients in court “

By Cristin Schmitz and posted in Lawyers Weekly, April 12, 2013.  For the original article on the Lawyers Weekly website and photos, click HERE.

Should ex-judges be forever banned from appearing as counsel in their former courts – or indeed in any courts?

Charles Huband of Winnipeg’s Taylor McCaffrey, who sat on the Manitoba Court of Appeal for 28 years before he retired in 2007, doesn’t think so. Manitoba’s Law Society takes the same position — although the opinion of legal regulators across Canada is not unanimous. Continue reading

C Schmitz: Sparks fly over Douglas case resignation

By Cristin Schmitz for the Lawyers Weekly, September 21, 2012, issue:

The abrupt resignation of the Canadian Judicial Council’s independent counsel could be challenged in Federal Court, says counsel for the complainant at the Douglas Inquiry.

Complainant Alex Chapman’s counsel, Rocco Galati of Toronto’s Galati Rodrigues, queried how independent counsel Guy Pratte could quit his duties to present evidence at the Canadian Judicial Council’s inquiry examining misconduct allegations against a Manitoba judge, without first obtaining permission to withdraw from the inquiry committee.

“No lawyer in any court can get off the record without a motion, and I may take steps to clarify that myself for my client in the Federal Court,” Galati told The Lawyers Weekly. “I doubt that independent counsel can simply resign on their own decision — ​​they need leave of the [inquiry] committee. If any independent counsel who takes a retainer can just resign, well then it makes a mockery of this process.”

The inquiry committee, chaired by Alberta Chief Justice Catherine Fraser, is deemed by the Judges Act to be a superior court.

For the full story on the Lawyers Weekly website, click HERE.

A Hutchinson: Salomon Redux: The Moralities of Business

Allan Hutchinson, “Salomon Redux: The Moralities of Business” (2012) 35 Seattle University Law Review 1109 – 1133.

For all but the corporate lawyer, Salomon is more helpfully understood as a decision that is less about the legal status of a corporate entity and more about the morality of business practices, including but not limited to, incorporation. Continue reading

A Salyzyn: Opinion: Technology on Trial

Opinion: Technology on Trial

Written by Amy Salyzyn for Precedent Magazine

Thursday, 31 May 2012

Walk into any civil courtroom in this province and you will likely find a space that looks as it would have 50, if not 100, years ago. The usual suspects will be there: a raised judge’s bench, a witness box, a few counsel tables, some seating at the back for the public and maybe a royal coat of arms for good measure. What you won’t see is much technology — save perhaps for the requisite BlackBerrys in the hands of lawyers and a laptop or two. Continue reading

Richard Devlin – Cultural Competency

Richard Devlin, Schulich School of Law, has posted a very interesting post on the Law Times Speaker’s Corner pages on the importance of cultural competence.   From the website:

Speaker’s Corner: Time to train lawyers on cultural competence

Monday, January 16, 2012 | Written by Richard Devlin

It’s axiomatic that legal professionals must be competent. But is it also axiomatic that lawyers must be culturally competent? A recent case from the Nova Scotia Court of Appeal suggests that it might be.

In June 2008, Antoine Fraser was charged with sexually touching a young person contrary to s. 151(a) of the Criminal Code. Fraser was a teacher and the complainant a student.

Fraser retained a very senior lawyer, Lance Scaravelli, to defend him. Fraser was convicted after a trial by judge and jury. He received a sentence of nine months in jail followed by one year of probation and 50 hours of community service.

On appeal, in a direct and hard-hitting decision, Justice Jamie Saunders, writing for a unanimous court, overturned the conviction on the basis that Scaravelli’s legal advice and representation were ineffective.

For the full article online, click HERE.

Report on Conflicts of Interest from Standing Committee on the Model Code of Professional Conduct

RINTRODUCTION

1. The Standing Committee on the Model Code of Professional Conduct (the “Standing  Committee”)  was established by the Federation of Law Societies of Canada in September 2010 in recognition of the fact that the Model Code of Professional Conduct (the  “Model  Code”)  must evolve over time in response to changes in the law and changes made by individual law societies as they implement the Model Code.

For the English version of the report, click Report to Council – Standing Committee – Conflicts – November 2011.

For the French version of the report, click Rapport sur les conflits d’intérêts novembre 2011

Law Society of British Columbia invites non-lawyers to participate in discipline process

From the LSBC website:

Public invited to apply to sit on discipline and credentials hearing panels

Vancouver – The Law Society is inviting members of the public to apply to participate in its hearing panels. Starting tomorrow, ads will appear in newspapers across the province seeking qualified applicants.

Hearings are important to the Society’s role in ensuring lawyers meet high standards of professional conduct, learning and competence. Hearing panels hear cases about alleged discipline violations and incompetence by lawyers, as well as the character and fitness of new lawyer applicants.

The Law Society’s hearing process already includes some non-lawyers, by the inclusion of government-appointment members of its board, called the Benchers. This new group of people that will be called upon for panels will further expand the role the public plays in the regulatory process.

For the rest of the story, click HERE.

A Dodek: Government Lawyers

Adam Dodek, “Lawyering at the Intersection of Public Law and Legal Ethics: Government Lawyers as Custodians of the Rule of Law” (2010) 33 (1) Dalhousie Law Journal.

Abstract: Government lawyers are significant actors in the Canadian legal profession, yet they are largely ignored by regulators and by academic scholarship. The dominant view of lawyering fails to adequately capture the unique role of government lawyers. Government lawyers are different from other lawyers by virtue of their role in creating and upholding the rule of law. Continue reading