In my 26 September post here I touched on the issues raised by judicial mediation.

On 9 December the OBA presented a full day program on the topic.

Four panels covered the interprovincial landscape and experience, the Ontario experience, the private mediation landscape and perspectives, and finally the client’s perspective. Two breakout sessions considered the pros and cons, and the essential elements of good judicial mediation.

Of particular interest are the developments in Judicial Dispute Resolution in Alberta.

The Alberta new rules of court which came into force in Alberta on 1 November 2010 make JDR (or another form of . . . [more]

Ontario’s Auditor General tabled 2011 Annual Report in the Legislative Assembly today. Features of the report included:

• Auto Insurance Regulatory Oversight
• Electricity Sector—Regulatory Oversight
• Electricity Sector—Renewable Energy Initiatives
• Electricity Sector—Stranded Debt
• Forest Management Program
• Funding Alternatives for Family and Specialist Physicians
• LCBO New Product Procurement
• Legal Aid Ontario & Office of the Children’s Lawyer
• Ontario Trillium Foundation
• Private Career Colleges
• Student Success Initiatives
• Supportive Services for People with Disabilities

Of particular interest to the litigation bar in Ontario was the Auto Insurance Regulatory Oversight, reviewing the operation of the Financial Services Commission of Ontario (FSCO) and the auto regime . . . [more]

Last month the Federation of Law Societies of Canada released a long-awaited Report on Conflicts of Interest prepared by its Standing Committee on the Model Code. This was the third attempt by the Federation with previous reports prepared by a Special Advisory Committee on Conflicts of Interest in June 2010 and in February 2011. The Federation settled the conflicts issue except for the thorny conundrum of current client conflicts. A copy of the almost-finished Model Code is available here. If this report is adopted by the Federation’s National Council it will mark the completion of the Model Code . . . [more]

“In many ways a trial, like skydiving, is not inherently difficult; however both can be terribly unforgiving of the slightest inattention.”
“Courting Justice”, David Boies (Hyperion -Miramax 2008)

Referral advocacy is a model by which court advocacy is undertaken by a specialist bar to whom other lawyers refer as needed.

Lawyers who refer to specialist advocates lose the headaches of trial work, the havoc it wreaks on a practice, and the responsibility for an unfavourable outcome. Yet they gain the ability to offer their client specialist advocacy services at more predictable cost, and the client’s gratitude when the outcome is . . . [more]

The Ontario provincial government’s decision to terminate all of the permanent Masters’ Registrar positions, and to have other people do their jobs (with per diem registrars in Court and other government employees performing the other job functions of the Registrars) has been noted and commented upon by Sam Marr, TLA President. He has written to Lynne Wagner, Assistant Deputy Attorney General and Lynn Norris, Director, Court Operations (Acting) after learning of these developments.

Below is an excerpt from Mr. Marr’s letter:

Masters play a vital role in the administration of justice in this city. They have unparalleled and unsurpassed expertise

. . . [more]

I thought that Slaw readers might be interested in this observation by BLG partner, Norman Letalik, as a result of his recent exchange with Apple Canada’s regional counsel. (The following quotation is from an email thread in a group to which I belong and is reproduced with Norm Letalik’s permission.)

Note that I have now had a telephone conversation with Ms. Famulak, who is regional counsel for Apple Canada. She confirms that the information that is dictated on the Apple iPhone 4s using the Siri dictation feature is sent to servers that reside in the US and that Apple, its

. . . [more]

Serving as a director of a charitable or not-for-profit corporation can be a rewarding but potentially risky experience. A director can be held personally liable for his or her own actions or failures to act, as well as jointly and severally liable with the other members of the board of directors. Directors with specialized knowledge and expertise, such as lawyers, are held to a higher standard of care. Ontario lawyers should note that LAWPRO’s standard professional liability insurance policy provides coverage only for the “professional services” that a lawyer provides as a lawyer. It does not provide coverage for liability . . . [more]

Jean Cumming, the dynamic and innovative Editor-in-Chief of L’Expert – The Business Magazine for Lawyers, has just circulated this Press Notice issued by the UK Supreme Court regarding court dress to her Twitter followers. It would appear that common sense regarding wearing apparel is slowly making its way into the court system, at least in the U.K.

Press Notice

Revised guidance on court dress at the UK Supreme Court

The President of the Supreme Court has today announced that advocates appearing before the Court or the Judicial Committee of the Privy Council may, by agreement, dispense with any or . . . [more]

This 2005 legislation was enacted to improve accessibility for persons with disabilities. Customer Service Standards adopted under the Act are effective on January 1, 2012 for providers of goods and services, including law firms. The Law Society has created a guide which is meant to assist legal service providers in developing the resources to comply with the Standards. The guide and suggestions for compliance with the Standards can be downloaded from the Law Society website and found in Appendix 1. This is an obligation imposed by the Province that must be observed to respect those with disabilities and avoid unfortunate . . . [more]

Siskinds LLP launched the first individual civil suit last Friday against Baer for its birth-control products Yasmin and Yaz. From the CBC:

Yasmin, which is made by Bayer Inc., is one of Canada’s top-selling birth control pills. It is a so-called “fourth generation” hormonal contraceptive and is considered “low dose.”

The announcement of the suit, launched Friday in London, Ont., comes ahead of the U.S. Food and Drug Administration’s public hearings on the oral contraceptive scheduled for Dec. 8 in Maryland.

The FDA’s reproductive health and drug safety committee will be looking at the safety of Yasmin and its

. . . [more]

The Law Society of Upper Canada, pursuant to the Accessibility for Ontarians with Disabilities Act, 2005 ("AODA") has released their Guide to Developing a Customer Service Accessibility Policy. This guide is to assist law firms in Ontario in developing the resources to comply with the Customer Service Standards [The Accessibility Standards for Customer Service Regulation (the Customer Service Standards) was adopted in 2007 under the AODA, and are effective on January 1, 2012 for providers of goods and services.] The goal is to make Ontario accessible by 2025 for everyone, including persons with disabilities.

The Pennsylvania Bar Association’s Committee On Legal Ethics And Professional Responsibility has just released Formal Opinion 2011-200, Ethical Obligations For Attorneys Using Cloud Computing/Software As A Service While Fulfilling The Duties Of Confidentiality And Preservation Of Client Property

As the PA Bar keeps its Ethics Opinions behind a member wall, I’ve attached a copy of it to this post. One of the Committee members has told me I am free to distribute it.

This Opinion indicates that lawyers may ethically allow client confidential material to be stored in “the cloud” provided the lawyer takes reasonable care to assure that (1) . . . [more]