Legal Feeds
Canadian Lawyer
Outdated law school curriculums are contributing to a bleak future for the trusts and estates bar, a Canadian legal futurist predicts.
An Osgoode Hall Law School professor has resigned as a member of Legal Aid Ontario’s immigration and refugee advisory committee after citing “a culture of secrecy” at the organization.
Monday, 21 July 2014 08:00

Editorial: Transparency call at LAO

Written by
Ontario should make openness the norm and secrecy the exception.”
The mass wedding of some 60 gay and lesbian couples at Casa Loma during the World Pride event in Toronto got me thinking about how laws restricting who can marry have changed over time. It’s easy to forget that the prohibition on same-sex marriage is only the most recent legal impediment to marriage to have fallen.
Law firms continue to grapple with finding new ways to mesh their traditional, if rapidly outmoded, business model with client pressures to control fees.
Monday, 21 July 2014 08:00

Posthumous call for students killed at war

Written by
"We only had one killed and one wounded in our company, not including two men who went nuts from being close to exploding minenwerfers, which are more dangerous to one’s nerves than to one’s body.”
When Inc. chief executive officer Jeff Bezos dramatically predicted on 60 Minutes that within a few years drones would be zigzagging across cities delivering packages, many people took notice.
Ministry of the Attorney General counsel Orlando Da Silva is the new president of the Ontario Bar Association.

Da Silva replaces past president Pascale Daigneault in the role. Da Silva was previously the first vice president of the OBA, a role now filled by Edwin Upenieks. Elected to the position of second vice president is David Sterns of Sotos LLP.

In addition, Scotiabank senior legal counsel Lynne Vicars becomes the OBA’s treasurer.

A Superior Court judge has ordered a lawyer to personally pay costs for furbishing “unfounded allegations” against the plaintiff in a case.

In 1250294 Ontario Ltd. v. 2141065 Ontario Inc., the plaintiff, lawyer Ben Martin, had brought a summary judgment motion for foreclosure of a Sikh temple on his property in Brampton, Ont. The judge granted the summary judgment motion and dismissed the defendants’ counterclaim.

During the summary judgment motion, the defendants’ counsel, Doug LaFramboise, caused unnecessary waste of resources, the court found, and ordered the lawyer to jointly or severally pay the $79,000 in costs awarded against his clients.

“The record for the motion establishes that it was Mr. LaFramboise who was the mastermind of the congregation’s corporation’s factual and legally untenable defence strategy that included serious and ultimately unfounded allegations of fraud and impropriety by Mr. Martin, including an allegation that Mr. Martin, who is an officer of this court, had misled and deceived the court,” wrote Justice Paul Perell in his July 8 reasons for his decision on costs.

He added: “In the case at bar, Mr. LaFramboise fashioned a defence for his client that was untenable and that falsely maligned the professional reputation of Mr. Martin. Absent an explanation from Mr. LaFramboise, this is an appropriate case to make him personally responsible for the costs of the proceedings in the amount of $79,021.50, all inclusive.”

In an unusual decision, the Ontario Superior Court of Justice has awarded damages to a man in a malicious prosecution case where the defendant was a witness instead of police or the Crown.

Drainville v. Vilchez is an uncommon example of a successful malicious prosecution suit against a private individual.

“Normally, the person or entity against whom a malicious prosecution suit is brought is the police or the Crown,” wrote Justice Peter Howden on July 4.

“There are rare cases like this one where the complainant has been the defendant, without creating even a ripple on the surface of the lake of analytic discipline.”

Plaintiff Denis Drainville had been criminally charged and subsequently acquitted of mischief and dangerous driving. The person who had reported him to the police, Mario Vilchez, was the target of the malicious prosecution suit.

Vilchez lied to police about Drainville hitting him with his vehicle at a gas station in 2011 when, in fact, he had put his legs in contact with Drainville’s front bumper, the judge found.

The court ordered Vilchez to pay Drainville $23,866.37 for legal fees and the additional rent payment the plaintiff incurred because of the original criminal charges.

“He lied to the police knowing that a criminal prosecution against Mr. Drainville would follow,” wrote Howden.

Changes to Legal Aid Ontario’s certificate eligibility requirements will allow for assistance to an additional one million low-income Ontarians as the Liberals reintroduced their 2014 budget on July 14.

The fate of the changes hinged on the outcome of the recent provincial election as the campaign began after the Liberals announced expanded legal aid coverage in their original budget in May.

“Thanks to higher financial eligibility thresholds for legal aid, more low-income people will have access to justice,” said LAO chairman John McCamus.

“This new investment will make the courts work more efficiently by reducing the number of self-represented litigants in the judicial system — this is good news for all Ontarians.”

The change represents the first update to LAO’s eligibility threshold since the mid-1990s.

Former Law Society of Upper Canada treasurer Tom Conway is back home in Ottawa after vacating the position for Janet Minor following last month’s vote at Convocation. He’s now about to become the president of the Federation of Law Societies of Canada in November. In an interview with Law Times, he takes a look back at his term as treasurer of the law society. Below is a slightly edited transcript of the interview.
<< Start < Prev 1 2 3 4 5 6 7 8 9 10 Next > End >>
Page 1 of 217

More Law Times TV...

Law Times poll

Are you in favour of the federal government's changes to the temporary foreign worker program?
Yes, the program has gotten out of control.
No, the program will unfairly affect employers and/or workers and the government should address any problems through more enforcement of the rules.