Voting is now underway for the Law Society of Manitoba’s 2014 Bencher election and will continue until May 6 at 5:00 p.m. As has been the case for the past several elections, voting takes place electronically. It’s a good system in that it works effectively and efficiently, at least from this voter’s perspective.

The Benchers function as the board of directors of the Law Society of Manitoba. The composition of this board is set out in s. 5 of The Legal Profession Act as follows:

• 10 practising lawyers elected for the City of Winnipeg Electoral District;
• 2 practising lawyers elected

For Ontario’s self-governing legal profession, strong rules are a positive step towards public legitimacy, but that legitimacy evaporates if those rules go unenforced. Amidst the debate over whether the Law Society of Upper Canada (LSUC) should continue to govern itself, the LSUC’s duty to protect the public interest requires attention. Law Society of Upper Canada v Hunter, 2007 ONLSHP 27 [Hunter] is pivotal in this conversation because it shows the governing body neglecting its duty to protect the public interest. In Hunter, the panel fails to sufficiently respond to the conflict of interest stemming from Hunter’s . . . [more]

Yesterday was Earth Day — an opportunity to reflect on the impact of administrative justice on our environment and how tribunals can balance fairness, efficiency and environmentally-friendly practices. It’s obvious that the environment is an inter-related system that needs to be looked at holistically. However, the administrative justice system is rarely looked at holistically. The actions of a tribunal have an impact on all the users of a tribunal services (parties and representatives). A tribunal’s rules and procedures create its own “ecosystem” that has the potential to impose both environmental costs and benefits.

Two small examples will serve to illustrate: . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Doerr v. Sterling Paralegal 2014 ONSC 2335
   

   [37] But how was Ms Doerr’s action against her paralegal advisor, (effectively for breach of contract and/or negligence in relation to execution of the paralegal’s duties under the retainer relationship), an abuse of process?

   [38] Counsel for the respondent/defendant suggested that Ms Doerr’s action was found to be an abuse of process because, on reviewing the

This is an abridged version of the LAWPRO article: “20 tips for a successful transition” – a guide for law students through the transition from student life to legal practice. See practicepro.ca/20tips for the full article.

1. Honestly assess your strengths and preferences to identify what makes sense for you in terms of the type of firm and area of law you want to practice.
2. Consider all the options: big firm, small firm, solo practice, government, in-house. Don’t just pursue the opportunities everyone else is pursuing – reflect on what is the best fit for you.
3. Create and prioritize a list

The current Law Society model for licensing legal professionals in Canada provides all lawyers with a blanket license to practice in any area of law. Virtually every other major profession that exists today employs specialized licensing and certification in order to ensure the competency of its practitioners in an increasingly complex world. The current system used by the legal profession in Canada is outdated and in need of significant reform in order to protect clients and set minimum competency requirements.

The Law Society needs to reform the current licensing model in favor of one where lawyers are required to earn . . . [more]

Professional liability claims can take the wind out of the sails of anyone’s legal career, but can be especially demoralizing for a new lawyer. Your best chance at avoiding claims is to develop great working habits right from the start. The December 2012 issue of LAWPRO Magazine proposed dozens of New Years’ resolutions for lawyers in every area of practice. We’ve reproduced a few excerpts relevant to newly-called lawyers here.

There are resolutions to avoid claims in particular areas of law (litigation, corporate/commercial, real estate, family law, wills/estates and crimina) as well as resolutions to run an efficient and . . . [more]

The annual countdown is on at law firm and other legal libraries where staff are preparing for summer law students to arrive. In many organizations the first week of May brings a bevy of enthusiastic faces who will need legal research training and an orientation to ‘research in the real world’. This year there is something new happening in Alberta to help with that real world transition.

The University of Calgary Law Library is the host of the Cenovus Continuing Legal Education: Research in the Real World. This summer law student specific, one-day legal research program is intended . . . [more]

In an earlier post, I described how Ontario’s courts drastically need to be modernized.

A new initiative went online last week at www.ontariocourtdates.ca. Members of the public can now access the site to obtain daily court lists of the Superior Court of Justice or the Ontario Court of Justice throughout the province. The information is presented in aggregate form.

Although this is a great first step, it is not a significant one. The Toronto Lawyers Association has been providing very similar information for Toronto court lists on its website for many years. All that this new information does . . . [more]

A few months ago, I wrote about the general direction in which Bill No. 28, Quebec’s proposed new Code of Civil Procedure, was heading. The Code’s reform aimed at simplifying Quebec procedure and expediting matters before the courts, as well as encouraging out of court settlements and alternative dispute resolution.

The New Code has since been adopted and will govern proceedings in Quebec beginning in the Fall of 2015. It will bring about major changes to Quebec civil practice, such as the ones I highlight below.

Experts :

One of the most significant changes is to narrow the scope of . . . [more]

Introduction

I was once told that the two most important decisions individuals will make in their lifetime are their choices of career and spouse. It has also been said that choice of career is the single most important ethical decision an individual will ever make. After all, becoming a part of a profession entails adhering to certain professional standards and subjecting yourself to certain situations. But regardless of what profession a person chooses to pursue, I argue that one should be able to seek advice from a spouse when facing an ethical dilemma, without being reprimanded.

The Law Society of . . . [more]

Across Canada, municipalities run Blue Box programs to collect recyclable materials and to divert them from landfill. The Blue Box is a popular and important environmental initiative, but Blue Box systems have become surprisingly expensive. Early hopes were that Blue Box programs could be funded by selling the recaptured material, but that turns out to cover perhaps a third of the cost. Waste Diversion Ontario (WDO) reported verified net Blue Box costs of about $237 million for 2012 in Ontario alone, after all revenue but before prior year adjustments.

So, who should pay that $237 million? Municipalities and their taxpayers? . . . [more]