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Monday, March 27, 2017 @ 12:05 PM

Investment industry demands clarity on best interest standards | Nadia Campion

On Dec. 6, 2016, investment industry stakeholders from across Ontario participated in a roundtable discussion with the Canadian Securities Administrators (CSA) in respect of its proposed introduction of new regulatory standards aimed at enhancing the duties and obligations of investment advisers, firms and other registrants toward their clients. ... [read more]

Friday, March 24, 2017 @ 9:02 AM

Media relations isn't marketing, and that's just the first mistake lawyers make | Julius Melnitzer

When it comes to maximizing the benefits of good media relations, many Canadian law firms haven’t quite got it yet. For those of you who are thinking, “What are you talking about? The profession’s marketing savvy has come a very long way” — you’re making my point. What a lot of law firms still don’t seem to understand is that marketing and media relations are two distinct arts. Lumping them together is akin to shoving an admiralty lawyer and an entertainment lawyer into the same pigeonhole. ... [read more]

Wednesday, March 22, 2017 @ 9:11 AM

Bonkalo report: Questions about paralegals for family cases | Nicholas Bala

The recently released Family Legal Services Review, authored by retired chief justice Annemarie Bonkalo, offers some sound recommendations addressing concerns related to the growing number of unrepresented family litigants, but also makes controversial proposals for allowing representation by paralegals in family cases. These proposals raise fundamental questions about the different roles of lawyers and paralegals. ... [read more]

Monday, March 20, 2017 @ 7:57 AM

No one should be satisfied with Canada’s system of parole | Anthony Doob and Rosemary Gartner

Probably nobody – other than Parole Board of Canada members – is happy with Canada’s system of parole for those serving fixed prison sentences.Setting aside those with indeterminate or life sentences, parole now may constitute the worst of all possible worlds. ... [read more]

Thursday, March 16, 2017 @ 8:53 AM

Law Society should leave referral fees alone | Darryl Singer

You would think from all the media hype and law society pronouncements, that the concept of referral fees among lawyers was a bad thing that harmed innocent clients. In fact, the reverse is true. ... [read more]

Monday, March 13, 2017 @ 9:18 AM

In family law, jurisdiction where relationship ends more important than where it began | Sarah Boulby

One of the challenges that family lawyers face in advising clients is having to explain the many ways in which a client’s reasonable expectation about his or her rights when a marriage end differs from what the law provides.  This is true of many aspects of family law but can be most striking in multi-jurisdictional cases in which a family have moved during their relationship. Family law is location specific, not family specific. ... [read more]

Tuesday, March 07, 2017 @ 12:02 AM

Rethink the billable hour to give middle class access to justice | Julius Melnitzer

The best thing the legal profession’s regulators could do to ensure access to justice for the middle class is to ban hourly billing — or at least mandate some sense into its use. ... [read more]

Friday, March 03, 2017 @ 3:02 PM

Access to Justice: Thinking big about access to justice | Thomas Cromwell

Access to justice is the biggest challenge facing our legal system. And just about every lawyer I know cares deeply about the health of that system and many are trying to help. But do we understand the problem and are we making progress? Those questions will be the jumping off spot for my exclusive to The Lawyer’s Daily column dedicated to access to civil and family justice in the coming months. ... [read more]

Friday, March 03, 2017 @ 3:00 PM

Institutional bias favouring Crown attorneys preventing level playing field | Michael Spratt

There have long been whispers in the criminal defence bar that Ontario’s judicial appointment process is broken. Since June 13, 2017 when Ottawa area MP Yasir Naqvi took the reins as Ontario’s attorney general 70 per cent of his appointments to the bench have been drawn from the Crown’s office. Over the last eight months there have been 17 judges appointed to the Ontario Court of Justice – 12 of those appointments were Crown Attorney and five were defence counsel. That does not seem like a level playing field. But this is not a new problem special to Naqvi – it has been this way for decades. ... [read more]

Friday, March 03, 2017 @ 2:55 PM

Rule of law must trump national security | Paul Cavalluzzo

Lawyers in Canada should be gratified to observe the role which lawyers and the rule of law have played recently in the United States in challenging the new president's authoritarian tendencies. With a compliant Congress, the effective checks and balances on the new president (and his alter ego Steve Bannon) will be the courts and the press, as well as concerned citizens protesting in the streets. Needless to say, President Trump has been typically dismissive, arrogant and bullying in regard to these constitutionally protected institutions and activities, which have dared to confront his autocratic ways. ... [read more]