My clients, at least those who are not familiar with our civil justice system, expect a quick resolution of their case. They are often quite surprised to learn that a regular lawsuit will likely take years to run its course. What really shocks my clients though is how badly a lawsuit can become stalled when a defendant fails to comply with simple procedural steps.

After the parties exchange the claim and the defence the next step in Ontario is for the parties to compile and exchange sworn affidavits that disclose all of the documents that they have that are relevant . . . [more]

These are notes from a workshop by Patricia Olah and Andrew Terrett of BLG Adroit from Borden Ladner Gervais, on April 15, 2013 at the Canadian Corporate Counsel Association National Spring Conference 2013 in Toronto. Note: these are my selected notes from this session; any inaccuracies or omissions are my own and not the speakers’.

In this workshop, the speakers gave a brief introductory lecture about Six Sigma and then had participants work through a scenario. These notes are from the introductory lecture only.

Workshop 103 – Process Improvement: Bringing Lean Six Sigma Disciplines into Legal Services

Speakers:
Patricia . . . [more]

Part two of B.C.’s white paper on Justice reform commits to the appointment this year of a chair for the Civil Resolution Tribunal, and commits to invest in the technology needed to launch Canada’s first “on line” tribunal. The Tribunal is to serve as an alternative to court for small claims and civil property disputes. It will permit citizens to deal with these disputes without having to take time off work for court attendance.

On-line dispute resolution systems are gathering steam. Private systems already exist in Canada for ODR: eQuibbly. The European Parliament approved legislation last month for a . . . [more]

Last month, the world was transfixed by the selection of a new pope for the Catholic church. Prior to the selection of Pope Francis, there was a great deal of discussion about what type of pope would the best choice as the church is running through some fairly turbulent times.

There were those who believed that a “no-nonsense CEO” or “tough-guy governor” as the Globe and Mail suggested on March 9, 2013 would be the best pope. The chief argument for such an individual was that the Curia, and other aspects of the church, needed to be reformed to deal . . . [more]

I hope you don’t mind as I continue gradually to post notes from the CCCA National Spring Conference earlier this week. We now jump ahead to yesterday’s closing keynote.

These are notes from a panel discussion by Joe Bradford, Vice-President, Joint Venture and Legal, CNOOC Canada Inc., Riccardo Trecroce, Vice President and General Counsel, North America, Magna International, Inc., and moderator Gary Graham, Partner, Gowlings, Hamilton on April 16, 2013 at the Canadian Corporate Counsel Association National Spring Conference 2013 in Toronto. Note: these are my selected notes from this session; any inaccuracies or omissions are . . . [more]

For generations, Canada provided refuge and opportunities for individuals seeking a home where they could build a good life. Our strong legal system remains the foundation on which that home was built, offering protections to those who faced persecution for reasons such as the colour of their skin or their political or religious beliefs. On April 17, 1982, Canada enshrined those protections in the Charter of Rights and Freedoms, declaring that equality under the law is fundamental to the quality of life of its citizens.

Since then, Canada’s commitment to equality and justice – a real source of pride . . . [more]

These are notes from a keynote address by Roger Martin, Dean, Rotman School of Management, University of Toronto on April 15, 2013 at the Canadian Corporate Counsel Association National Spring Conference 2013 in Toronto. Note: these are my selected notes from this session; any inaccuracies or omissions are my own and not the speakers’.

Playing to Win
Roger Martin
Dean, Rotman School of Management, University of Toronto and author of 8 books

Martin has previously done strategy work for law firms. It is important for law, IT and HR departments to understand strategy and add to it in . . . [more]

The Law Practice Program (LPP) is about to change the way lawyers are licensed in Ontario.

The LPP is the Law Society of Upper Canada (LSUC)’s solution to “the articling crisis.” It’s meant to provide an alternative to law graduates unable to secure the 10-month lawyer-in-training jobs they need to become licensed in Ontario.

The gist of the LPP is that instead of 10 months of mandatory paid work at a law firm, the LPP requires only four months of paid or unpaid work experience and four months of coursework.

Starting in the 2014-2015 licensing year, the LPP . . . [more]

B.C. is the home of innovation when it comes to law in this country, moving ahead with new ideas and new ways of providing its citizens with access to justice. We’ve talked about the foray into online dispute resolution and about the Ministry of Justice two-part White Paper on Justice Reform, to mention only two developments. And just yesterday Chief Justice Robert Bauman made a public statement predicting dire things for law and lawyers if significant changes aren’t made and made quickly, something rare for a sitting judge.

As significant is a quiet development we’ve not yet noticed on . . . [more]

This article originally appeared in the December 2010 issue of LAWPRO Magazine. It refers to LAWPRO coverage for Ontario lawyers, but the dangers listed would likely apply to any lawyer’s errors and omissions coverage.

On occasion, lawyers have engaged in activities that have made them front-page news, subject to embarrassment and possibly lawsuits or discipline complaints. Not only can this kind of attention be bad for a lawyer’s reputation, it can also damage or even destroy client relationships.

That’s reason enough to be aware of and avoid activities that could lead to these types of outcomes. But there is . . . [more]

We began our respective legal practices within a year after finishing our articles; we both wanted to be able to express our personal ethics and practice law our way. We had to develop new skills, ranging from file organization to client management, grapple with unforeseen stressors, and learn to congratulate ourselves for victories big and small. Our biggest surprise was that neither law school nor former employers had ever taught us the things we needed most to run our business. So to that end, and in honour of Law Student Week at slaw, here are ten facts you may also . . . [more]

With an uncritical eye the Chief Justice of Ontario’s report on professionalism makes a virtuous call for higher standards of professionalism for lawyers. It is a response to the reality of declining professionalism. The report, as well as the prevailing discussion on professionalism, does not reflect certain realities. The discourse bifurcates professionalism and morality in a way that the concept of professionalism is assumed to be morally neutral. The elements of professionalism are listed as: scholarship; integrity; honour; leadership; independence; pride; spirit; collegiality; service; and balanced commercialism. Not only does the list exclude a recognition of some fundamental attributes, but . . . [more]