Monday, March 26, 2018

New Leadership At LawPRO Judge Dismisses Conspiracy Class Action Guthrie Award Nominations Law Times Poll

Monday, March 26, 2018
Daniel Pinnington is the new chief executive officer of LawPRO.

NEW LEADERSHIP AT LAWPRO

LawPRO has appointed Daniel Pinnington as president and chief executive officer, effective April 2.

Pinnington, who joined the professional liability insurer in 2001, says his goal will be to provide competitive services to the Ontario Bar through risk management initiatives and education.

“Many claims are avoidable and it’s important to make lawyers aware of claims and how to avoid them early,” he says.

Called to the bar in 1993, Pinnington was promoted in 2012 to vice president of claims, prevention and stakeholder relations, where he was responsible for LAWPRO’s claims prevention work, communications and stakeholder and government relations.

JUDGE DISMISSES CONSPIRACY CLASS ACTION

Ontario Superior Court Justice Paul Perell has dismissed a conspiracy class action in its entirety against the LCBO & Beer Store.

The plaintiffs, David Hughes and Ontario Inc., were seeking damages of $1.4 billion and punitive damages of $5 million for damages in accordance with the breaching and civil conspiracy of the Competition Act, the unjust profiting for breaching the Liquor Control Act and the waiver of certain torts at the hands of the Liquor Control Board of Ontario. Perell said in his ruling that the plaintiffs’ six summary judgment motions and the constitutional challenge didn’t have merit and “all of the Defendants’ arguments have sunk the Bismarck.”

The ruling said, “If in accordance with the principles of public law, the activities of the LCBO are to be measured by a reasonableness standard as opposed to a correctness standard, it was reasonable for the LCBO to enter into the 2000 Beer Framework Agreement, which essentially continued market practices that had existed for decades, and it was reasonable to interpret the Uniform Price Rule as allowing differential pricing for retail consumers and licencees, again a long-standing practice and one consistent with distribution in the private sector where wholesale and retail pricing is commonplace.”

GUTHRIE AWARD NOMINATIONS

Nominations for The Law Foundation of Ontario’s Guthrie Award are due May 17.

They must include a letter of nomination and a minimum of two letters of support from other parties. Nominees must have worked on advancing access to justice for all Ontarians. More information can be obtained at www.lawfoundation.on.ca.

LAW TIMES POLL

In this week’s poll, Law Times reported that lawyers say that the federal justice minister’s response to recommendations by a House of Commons committee on how to improve legal aid in Canada is disappointing.

Law Times asked readers if they thought that more funding is needed beyond what was promised in the recent federal budget.

Eighty-nine per cent said that yes, the federal government’s response is inadequate given the scope of the issues.

Eleven per cent said no, the federal government is doing a good job of balancing competing funding demands.

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