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Canadian Legal Newswire

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Editor’s Note

Deadline alert: Feb. 16 is the last day for 2015 Innovatio nominations. The deadline for submitting nominations for the 2nd annual Innovatio awards program is only one week away, so in-house counsel you should be nominating yourself or your team today! We want to hear from in-house counsel about a project or initiative you have completed in the last year. We have eight categories including Working with External Counsel, Law Department Management, Risk Management, Tommorow's Leader in Innvation, and more. Visit the web site to learn more. Don't delay!

If you have any questions about the awards or the nomination process, please contact Canadian Lawyer InHouse editor Jennifer Brown

Today the Law Times team is kicking off its coverage of the 2015 Law Society of Upper Canada bencher elections with the launch of a dedicated bencher elections microsite at lawtimesnews.com/2015bencherelection.

With issues such as alternative business structures, diversity, articling and the Law Practice Program, and access to justice on the agenda, candidates will have lots to discuss this year. Candidates will also be able to submit their profiles by going to the site and following the instructions under the candidate tab.

The site will have stories every week, as well as information on the election and candidates, and poll questions for readers to weigh in on the issues in advance of the April 30 vote.

Gail J. Cohen
Editor in Chief
Canadian Lawyer/Law Times



Heenan denies partners have gotten capital back
Law Times
The lawyer representing Heenan Blaikie LLP in a wrongful dismissal lawsuit denies the firm's former partners walked away with their capital funds when it collapsed last year.

Traditional career path starting to fade
Law Times
A Queen's University study on career paths in the legal profession suggests the traditional career pathway — one that involves working continuously at a single firm and vying for partnership — is becoming a relic of days gone by.

Video: View 2015 — Shaping the future with Mary Martin, Metrolinx
Canadian Lawyer InHouse, online
In the third of five videos from the Canadian Lawyer InHouse View 2015 series, sponsored by Blake Cassels & Graydon LLP, Mary Martin, executive vice president, general counsel, and corporate secretary of Metrolinx, talks about the program that will be keeping her department busy for the next 10 years, and how she handles the procurement of legal services.

I.P. Poll


Groia to continue court battle, hopes to make change as bencher
Law Times
Things could get pretty awkward at Convocation if Toronto lawyer Joe Groia wins a seat at the Law Society of Upper Canada's governing table while the Ontario Court of Appeal is considering his disciplinary case.

UNB students get marks but no word on what is happening with dean
Canadian Lawyer 4Students, online
Some law students at the University of New Brunswick are starting to get some action on missing grades due to the sudden departure of some professors, but now new allegations of sexism and harassment involving its dean, Jeremy Levitt have stirred up more questions than answers.

Shareholder activism gets granular
Activist investors in Canada are increasingly focusing on detailed operational decisions. Whether this is a positive development depends on whom you ask.

Communicating in a crisis: Why in-house should be on the tweet deck
Canadian Lawyer InHouse, online
When a crisis hits, in-house counsel can be an important part of the risk management team and that includes paying close attention to the risk to be managed in social media.



New UBC law dean says strive for work-life balance
Canadian Lawyer 4Students, online
Catherine Dauvergne, a professor, published author, and Trudeau fellow, will formally become the new dean of the University of British Columbia's law school July 1, and with her new appointment she has a few tips for Canadian law students.

New site launches as bencher election set to begin
Law Times, online
With the deadline for nominations this Friday, Law Times is launching a special web site dedicated to coverage of the bencher election at lawtimesnews.com/2015bencherelection.

Lawyers encouraged to pay attention to travel risks
Law Times
When it comes to travel risk, lawyers from private firms as well as in-house counsel should be paying attention. Not only are lawyers more likely to be on the move these days, but their expertise could help assess the potential liability involved and the nature of preventative and remedial action.

LawPRO payment to Heydary clients upheld
Law Times
Former lawyers at Heydary Hamilton PC have lost a motion to reverse an order that allowed clients of deceased lawyer Javad Heydary to garnish funds from his LawPRO insurance coverage. Click here to read more of this story and other news tidbits in this week's Inside Story.

Bencher Election -Traffic


ABS in the spotlight
Law Times, editorial
We've seen organizations such as the Ontario Trial Lawyers Association coming out strongly against alternative business structures. Some personal injury lawyers say they won't do anything for access to justice and suggest they'll merely create an opening for conglomerates to insert themselves into their field and take over law firms.

Carter & dying with dignity: now comes the hard part
Canadian Lawyer, online
The Carter case is not the end of the dying-with-dignity debate (any more than Rodriguez turned out to be); rather, it is only the beginning. Now comes the hard part, writes Osgoode Hall Dean Lorne Sossin.

Time for a constructive look at bail controversies
Law Times
In his column, A Criminal Mind, Matthew Gourlay argues that laying all of the blame for an ordinary criminal's wrongdoing at the feet of the system would be reductive and glib. But the case of Shawn Rehn, who allegedly shot two Mounties before taking his own life, does suggest that more jail is unlikely to be an effective prophylactic against such tragedies.

Carswell Labour


Are you a PACR?
Canadian Lawyer, online
For clients to engage you for work, they have to find you and know what you can do for them. Can you be found? Do prospects know what you can do for them? In her Make it Count column, Simone Hughes goes over some of the basics of search engine optimization.

Time to recognize technology as a constitutionally protected right
Canadian Lawyer, online
How fundamental is technology to the way we carry on our lives? Is it vital enough to be considered a constitutionally protected right or freedom? Ben Hanuka explores in his column, The Future Files.

Honesty is now the law in Canada
Canadian Lawyer InHouse, online
Though "incremental" in nature, the new duty of honesty established by the Supreme Court of Canada in Bhasin v. Hrynew are likely to have a profound effect in the coming years on the manner in which we negotiate, manage, and enforce contracts. Renato Pontello, in his Practising In-house column, considers how Bhasin will affect in-house counsel.

Preparing for the new Extractive Sector Transparency Measures Act
With the introduction of the Extractive Sector Transparency Measures Act (ESTMA), the Canadian government is taking its commitment to anti-bribery and corruption (ABC) to the next level. Resource and mining companies that have interests in Canada need to be prepared, writes Lori-Ann Beausoleil in this month's Accounting column.

Carswell WLN

Legal Feeds


Top Boutiques: Personal Injury, Aboriginal Law, & Arbitration Chambers 2015 - CLOSES MARCH 2
Canadian Lawyer invites you to weigh in on Canada's leading firms specializing in personal injury law, and aboriginal law as well as the best arbitration chambers. Respondents are also invited to nominate firms not already on the shortlist. Your feedback is completely confidential, and will help us assemble rankings that will appear in the May 2015 issue. Voting in the poll is open until March 2.


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Moves & Shakes

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Calendar of Events

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Case law

Case Law is a sample selection from the weekly summaries of notable unreported civil and criminal court decisions published in Law Times newspaper.

Law List

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