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Monday, July 23, 2012

WEIRFOULDS LAWYER GETS RYERSON POST

Ryerson University has named WeirFoulds LLP partner Frank Walwyn a distinguished visiting scholar at the G. Raymond Chang School of Continuing Education.

“I am pleased to have one of Canada’s most brilliant legal minds join our university,” said John Isbister, interim provost and vice president academic at Ryerson.

“He will be a welcome addition to our university family with his extensive knowledge in legal matters.”

Walwyn’s appointment is effective immediately.

“I look forward to collaborating with my colleagues at the Chang School to build on their established reputation as Canada’s leading school for adults who are passionate about lifelong learning and improving their skills,” he said.

LONGTIME BENCHER DIES

Law Society of Upper Canada life bencher Robert Topp died on July 15.

Born in Regina, Topp worked as an Ontario Provincial Police officer in Dowling, Ont., before becoming a lawyer.

During his career, he became a law society bencher and earned life bencher status before his retirement.

A funeral service took place at the St. Jean de Brebeuf Roman Catholic Church in Sudbury, Ont., on Friday.

HARASSMENT CASE DISMISSED

The Superior Court of Justice has dismissed an action by a former CHRY Community Radio Inc. volunteer who sought damages for harassment by a colleague despite finding the actions would have been significant if they had happened at a private, for-profit company.

The Superior Court ruled in Moore v. CHRY Community that although non-profit radio station CHRY didn’t technically follow its harassment policies when addressing volunteer Donna Moore’s complaints, it complied with their spirit and shouldn’t have to live up to the same standards as a for-profit corporation in its duty of care owed to her.

“There is no doubt that the station failed to strictly apply its own policies and handled Moore’s concerns in what turned out to be ineffective from her perspective,” wrote Justice Kevin Whitaker in his decision.

“The station was well intentioned. The underlying motivation appears to have been to avoid conflict and to settle the discord by pursuing a mediated outcome without findings of wrongdoing.”

He continued: “Resources are limited and those that work or provide leadership are not professionals. In these circumstances, the station cannot be held to the same practical standards as a business operated by professionals.”

Moore claimed one of the radio station’s co-hosts began making rude and inappropriate comments on- and off-air, bullying, throwing items, yelling, and roughly touching her in 2005.

While Moore had several meetings with the station’s managers and the program was disbanded over the issue, the matter remained unresolved and she left the organization in the summer of 2007.

Moore argued the station had failed to enforce its harassment policies and sought an injunction requiring it to do so. She also sought damages.

While the station agreed it owed Moore some duty of care, it argued it had complied with its policies.

POLL RESULTS

The results of the most recent Law Times online poll are in.

Nearly 62 per cent of respondents said federal government lawyers should get a 15.25-per-cent wage boost.

The Association of Justice Counsel and the Treasury Board of Canada Secretariat reached a tentative agreement late last month spiking the wages of nearly 2,700 federal government lawyers by a total of 15.25 per cent from May 2011 to May 2014.

Federal lawyers argue it addresses a long-standing disparity with counterparts in other sectors.

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