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This Week's Issue

Ruling tackles racism in legal profession

Kendyl Sebesta - Monday, January 30, 2012
A new decision by the Law Society of Upper Canada that considered a black lawyer’s disadvantage in his articling experiences could hold the key to a frank discussion on systemic discrimination in the profession, according to lawyers familiar with the ruling.

Although a law society appeal panel found Toronto real estate lawyer Selwyn McSween guilty of professional misconduct for “completely abdicating his professional responsibility” to an allegedly unscrupulous law clerk, dissenting appeal panellists Clayton Ruby and Constance Backhouse acknowledged the 66-year-old man from Trinidad faced “systemic disadvantages” that eventually led him to hire the clerk and ultimately to “an increased...
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Court gives civil lawyers reprieve from dismissal threat

Monday, January 30, 2012 | Written by Kendyl Sebesta

At least one Ontario court location has decided not to implement Rule 48 of the Rules of Civil Procedure this month after concerns about bureaucratic red tape and confusion over its wording cast a chill over the change that threatened to cause dismissals of a wave of civil actions.

Tories appointing party donors as judges
But former justice minister says merit drives the process

Monday, January 30, 2012 | Written by Kendyl Sebesta

The federal government appointed 11 judges to the Ontario Superior Court last year who had recently made donations to the governing Conservative party, an analysis of Elections Canada data reveals.

Editorial: Trust key to First Nations reforms

Monday, January 30, 2012 | Written by Glenn Kauth

As the federal government and First Nations leaders proclaimed their wish to reset the relationship between the Crown and aboriginals in Canada last week, there was predictable criticism about the lack of concrete action.

Family Law: L.M.P. changes landscape for support agreements

Monday, January 30, 2012 | Written by Marta Siemiarczuk

It was certainly a happy holiday season this past December for the former wife and appellant in the Supreme Court of Canada’s recent case of L.M.P. v. L.S. The case clarified the test to use in a variation application under s. 17 of the Divorce Act.

Letter to the Editor: Privacy commissioner has say over fees

Monday, January 30, 2012 | Written by Ann Cavoukian

I am writing in response to the article “Lawyer slams costs for medical records” that appeared in the Jan. 9, 2012, edition of Law Times.

Letter to the Editor: A clear solution to the pension gap

Monday, January 30, 2012 | Written by Randy Bauslaugh

Last summer, I was appointed as the employer nominee to a panel that mediated/arbitrated the dispute between Air Canada and the Canadian Auto Workers.

IP audits can be profitable
Companies can sell rights they’re no longer using

Monday, January 30, 2012 | Written by Daryl-Lynn Carlson

To ensure that companies that have many registered patents and trademarks can be efficient, conducting an audit of their intellectual property is imperative, lawyers say.

Other News

Editorial Cartoon - January 30, 2012

Inside Story

Monday, January 30, 2012

COURT GIVES GREEN LIGHT TO WINDSOR FIRM
The Superior Court has ruled a Windsor, Ont., law firm may represent the plaintiffs in a class action lawsuit against an Ontario construction materials company despite its main litigator having suffered a debilitating stroke last year.

According to the Windsor Star, Superior Court Justice Bruce Thomas ruled Sutts Strosberg LLP will lead the lawsuit against Armtec Infrastructure Inc. last week after both the Windsor firm and Siskinds LLP of London, Ont., initiated proceedings against the company.

An issue in the case was whether or not the Windsor firm could handle the lawsuit without Harvey Strosberg leading the way. Strosberg suffered a stroke last year that left him unable to speak for a time. He has since made a steady recovery, although he isn’t handling the same caseload as he previously was.

Strosberg proposed that his son, Jay Strosberg, be lead counsel on the lawsuit. He has been a lawyer for nine years with a...

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