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This Week's Issue

Law society ramps up interim suspensions

Alex Robinson - Monday, August 14, 2017

Lawyers who represent practitioners in discipline proceedings are deeply concerned about an increase in interim suspensions the Law Society of Upper Canada has brought in recent years.
When the law society feels that allegations against a lawyer are so serious that they could put the public at serious risk of potential harm, it can bring a notice of motion for what’s called an interlocutory suspension to the regulator’s tribunal. If successful, this stops a lawyer from practicing on an interim basis while an investigation and potential prosecution are being carried out.

In the first six months of 2017, the law society issued 19 interlocutory suspension motions, compared to 11 during the same period in 2016.

The law society brought 25 interlocutory suspension motions in all of 2016. This was an increase from the 14 that were brought in each of the two pr...


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Inside Story

Monday, August 14, 2017

FELLOWSHIPS AWARDED
The OBA Foundation Chief Justice of Ontario Fellowships in Legal Ethics and Professionalism has selected two recipients for its 2017-2018 awards.

Brooke MacKenzie, co-founder of MacKenzie Barristers PC, has been selected to receive the Fellowship in Studies award.

Cristina Toteda, a faculty lecturer with McGill University’s Faculty of Law, has been selected to receive the Fellowship in Research award.

“Ms. MacKenzie will be researching motions for disqualification of counsel on the basis of conflicts of interest and Ms. Toteda will be researching to develop an immersive one-week module in legal ethics and professionalism for students that will serve as a catalyst towards more practical experienced-based legal ethics and professionalism in the Canadian context,” said Anton Katz, one of the trustees of the OBA Foundation.

The Fellowship in Studies is for $5,000, and the Fellowship in Research is for $15,000. Fellowships will be completed by June 30, 2018.

NEW INFO TO GUIDE LAWYERS,...

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Law Times poll

An estate trustee who took an ‘egregious' position in litigation has been ordered to personally pay more than $140,000 in costs. Will this ruling serve as an appropriate caution to executors on how they conduct themselves in litigation?
Yes, this will remind trustees of the potential exposure of significant awards being made against them personally.
No, it’s unlikely this ruling will dissuade executors from engaging in unreasonable conduct during litigation.