Some Guy v. The World, Ontario Superior Court

While our plan is to focus on odd decisions with the Weird Case of the Week, this motion could not go by unremarked.

Thanks to Chris Jaglowitz (@chrisjaglowitz), a Toronto condo lawyer with Gardiner MIller Arnold, for his tweet alerting us to this case on the docket for Justice Peter Cumming at the courthouse at 330 University Ave. in Toronto for tomorrow. His tweet describes it thusly: "Here's the door sheet for some guy's lawsuit vs the whole world. Waste of judges' time and precious court resources."

A greater focus on technology and strong leadership from the judiciary are both key to improving access to civil justice, according to a series of reports released yesterday by the National Action Committee on Access to Justice in Civil and Family Matters.

A greater focus on technology and strong leadership from the judiciary are both key to improving access to civil justice. (Photo: Gail J. Cohen)

The reports and their recommendations will form much of the basis for discussion at the CBA’s Envisioning Equal Justice Summit that takes place in Vancouver over the next couple of days.

“The role of technology is an important feature of the committee’s thinking,” says Trevor Farrow, chairman of the Canadian Forum on Civil Justice who participated in the creation of the reports.

Technology is seen as a way to make the system more fair, just, efficient, and streamlined, Farrow tells Legal Feeds. While there are strides being made in some provinces, Canadian courts generally lag behind those in other developed nations.

“It is trite to say that technology is changing the world," notes the report on court processes. “While lawyers and judges are working hard to keep up, it is not very controversial to say that, as a general matter, courts and the legal profession have some work to do to catch up to the current technology movement.”

Suggestions for improved technology in the courts include creating interactive court forms, developing and encouraging the development of e-filing and e-courts, and encouraging teleconferencing and videoconferencing, particularly in remote areas.

But the reports also suggest access to legal information to better inform citizens — who should be the primary focus of all access to justice initiatives — of their rights and obligations can be relatively easily achieved through more online legal information.

“The key justice system stakeholders in each Province and Territory should collaborate to explore and realize the access to justice benefits of web-based legal services and on-line dispute resolution models,” says the report on access to legal services.

Online information can be the basis for public legal education and information initiatives that are particularly important with the growing number of self-represented litigants in the courts. Providing them with solid legal information up front will benefit not only those who don’t have legal representation but the whole court system as unrepresented litigants will be better able to manage their cases.

While the reports laud changes already underway in many areas, there is still some way to go to make the civil justice system responsive to those who use and need it.

Primarily in the courts, there needs to be a “culture shift.” And judges must be at the forefront of that shift and be active in sharing changes and improvements with judges in other courts and jurisdictions.

“Judges in this country have a high degree of respect from the public and stakeholders in the justice system,” says Farrow.

That level of respect gives them great power to pull the system back or move it forward, he says. But being the trenches every day, judges know what is happening and many have good ideas for ways to make the sytem better.

The report suggest some examples of leadership initiatives

• Judges and court staff should actively work together to find ways of improving communication to deal with specific problem areas or issues that are in need of reform (scheduling, trial management, document management, etc.).
• Positive examples of public engagement and public education by judges (and court staff) should be encouraged in order to “speak out for justice” (including at new judge ceremonies, opening of the court ceremonies, at schools, colleges and universities, etc.).
• Internal initiatives, potentially including annual awards and/or other forms of recognition for staff ideas in the area of improving court performance, should be considered and welcomed.

But it is not just up to the courts. Every player in the system can have a role to play from the government, to lawyers, social services, the courts, and others.

“We see need for change all along the justice continuum,” says Farrow.

Asked if he thought these reports would end up sitting on the shelf collecting dust like so many others on improving the civil justice system, Farrow says he’s optimistic that substantial change is on the way.

“Now, I think there’s more a national discussion than ever before,” he says. “People are really starting to take seriously the need for change.”

He notes the push is coming from Chief Justice Beverley McLachlin down through the whole justice system and beyond. “It is so broadly based, it has wide support across the country and deeply within the system.”

All four reports from the National Action Committee on Access to Justice in Civil and Family Matters are available on the Canadian Forum on Civil Justice’s web site.

Supreme Court of Canada Justice Morris Fish will be leaving the court at the end of the summer.

Justice Morris Fish will officially leave the Supreme Court on Aug. 31.

Chief Justice Beverley McLachlin announced today that Fish wrote to Justice Minister Rob Nicholson to advise that he will retire from the country’s top court at the end of the spring session. Fish’s retirement will be effective Aug. 31, 2013. Under the Judges Act, a retiring justice can continue to participate in judgments with respect to cases heard prior to retiring for a period of six months.

“Justice Fish has served on the court with wisdom, and made enormous contributions to the court and to Canada,” McLachlin said in a statement this afternoon. “He is a wonderful colleague and friend who will be greatly missed.”

For his part, Fish said, “By the date of my planned retirement, I will have served my country as a justice of its highest courts for nearly a quarter century — including more than 10 years on the Supreme Court of Canada. I am grateful to have enjoyed this privilege and mindful of the honour and public trust that attach to the holding of judicial office in Canada.”

Ottawa lawyer and long-time Supreme Court agent Eugene Meehan commented on Fish's announcement: “In Canada’s national court he always stuck his juridical neck out for the little guy – Canada’s best defence judge has now ‘gone fishing.'"

Fish reaches the mandatory retirement age of 75 this fall, and the other Quebec SCC judge, Louis LeBel, has to retire next year. The Supreme Court Act required that three of the nine judges on the court come from Quebec.

Fish was appointed to the Supreme Court bench on Aug. 5, 2003, after serving over 14 years as a judge of the Quebec Court of Appeal and a distinguished career as an educator and criminal lawyer in Montreal. He was the first Quebec Anglophone appointed to the Supreme Court of Canada since Douglass Abbott in the 1950s and was the first Jewish Supreme since former chief justice Bora Laskin. He succeeded retired SCC justice Charles Gonthier.

Upon his appointment to the top court in 2003, then chief justice of the Quebec Court of Appeal Michel Robert noted to Law Times: “[Fish] has a passion for defending the rights of the accused, though he’s not always in favour of the accused’s rights. I think he’s got some equilibrium and balance.”

Update: 5:01 pm. Comments from Meehan.

Late last week, British Columbia Supreme Court Chief Justice Robert Bauman was awarded the 2013 Bench Award by the Trial Lawyers Association of British Columbia. He took the opportunity to make some pointed comments about laywers having to “pull together” during this time of significant challenges both and in the profession and the justice system — not only in terms of access to justice but in failing confidence of the public in their legal representatives.

‘Now is the time, I suggest, for all of us to wake up, speak up, and shake up,’ says B.C Supreme Court Chief Justice Robert Bauman.

He offered a call to arms: “Now is a time for all of us to pull together; to remind our neighbours and our greater neighbourhoods that we are lawyers, members of a proud and caring profession. We are a critical profession in our respective communities.

He went on to say: “The willingness of government and the public to abandon lawyers and the courts as the dispute resolvers of choice is startling and disturbing.

“As a profession if we are not accessible and accountable and importantly, seen to be, we risk the possibility of losing all relevance.”

He also said: “Now is the time, I suggest, for all of us to wake up, speak up, and shake up.

• Wake up to the realities of these challenges;
• Speak up about our value and our critical relevance in the lives of ordinary Canadians; and
• Shake up our attitudes towards lawyering.”

Bauman’s full remarks have been posted to the court’s web site here.

Canada

Luka Magnotta preliminary inquiry begins, Toronto Star

Shaw breaks employment contract, CBC

Calgary group takes action to protect children from predators in sport, Calgary Herald


United States

Jury reaches verdict in Detroit corruption trial, Reuters

Manhattan judge proposes scrapping white collar sentencing guidelines, Reuters


International

Kenyan Supreme Court promises fair trial in election results challenge, Reuters

Lawyer suspects ‘foul play’ in death of Delhi gang rape suspect, Reuters

Last night the Legal Marketing Association Toronto Chapter held its inaugual Your Awards Gala, which highlighted outstanding achievement of the local legal marketing community. Just shy of 100 people attended the event. CBC senior business correspondent Amanda Lang delivered an engaging keynote address highlighting some of the connections between innovation and productivity that lead to success in today’s knowledge economy.

“The marketing and business development talent in our community is tremendous. We were blown away by the number of entries in each category, and looking forward to seeing how our program evolves in the years to come," said outgoing chapter president Lindsay Everrit.

Awards were given out in four categories.

Advertising: The winner was Cassels Brock & Blackwell LLP for its “A Law Unto Ourselves” student recruitment campaign. The WeirFoulds team received an honourable mention for its print campaign.

Online presence: The winner was Osler Hoskin & Harcourt for its “Osler’s Capital Markets Review” campaign.

Practice development: Blake Cassels & Graydon LLP won in this category for its entry entitled “Food, Beverage & Agribusiness Industry Group.”

Rising star: Nominees in this category for legal marketers with less than 10 years in the business included Rachel Collins, marketing technology specialist at Goodmans; Erin Neumann, marketing manager at Goldman Sloan Nash & Haber LLP; and Shaila Pirani-Freitas, manager of programs and events at WeirFoulds. Rachel Collins was the winner and was presented with her award by Joanne Rossi, vice president practice lead of IQ Partners.

Photos: Gail J. Cohen

NEW YORK — Two American judges who’ve had vast experience with e-discovery matters shared some tips and wisdom for counsel during the morning plenary session at this year’s Legal Tech conference.

Magistrate Judge Andrew Peck and Senior Judge Michael Baylson at Legal Tech. (Photo: Gail J. Cohen)

United States Magistrate Judge Andrew J. Peck of the Southern District of New York and Senior Judge Michael M. Baylson of the United States District Court for the Eastern District of Pennsylvania have both been involved with cases involving prodigious documents and millions of dollars. Baylson recently released his decision in Boeynaems v. LA Fitness International LLC, which took on the thorny issue of cost shifting in discoveries. Peck is well known for his thoughts on the emerging predictive coding technology for e-discovery, which caused great buzz after the release of his ruling in Da Silva Moore v. Publicis Groupe.

While large chunks of the discussion centred on U.S. rules and practices, they did share opinions of value to anyone involved in litigation and looking to manage costs and data. Here are a few of their tips.

• When fighting a request from plaintiffs to provide more discovery, especially in the pre-certification stages of a class action, defendants should provide judges with very specific, fact-based affidavits as to what the costs of providing the requested documents would be. Don’t throw out numbers that aren’t supported by facts or simply argue that the requests are overbroad or burdensome.

• When there are disputes over discovery costs, judges may not really appreciate or understand what the case is worth. Defendants need to make clear the reality of their exposure. Sometimes there are obvious dollar amounts but where there are societal values (such as in labor discrimination cases), counsel need to present appropriate information to the court.

• “Bring your geek to court day” is sometimes necessary because it’s the e-discovery experts who both understand the technology and get to the heart of how and what it will cost to “right-size” e-discovery. Those experts will be of enormous assistance to the judge.

• Follow Sedona guidelines on proportionality. Peck says some of the most costly disputes arise from Mickey Mouse problems like lawyers not returning each other’s calls. Co-operation, be it called that or the “strategic release of documents” if your clients aren’t keen on “co-operating,” can keep costs down dramatically. And every client wants that.
• Discovery doesn’t have to be perfect. It just needs to be fair. That requires quite a lot of education for both lawyers and judges in issues surrounding e-discovery.

• The best way for companies to save money on e-discovery costs is to have a records management program in place — “get rid of all the ‘let’s go to lunch e-mails.’” If your information house is in order at all times, it will end up being a lot cheaper when and if you ever end up in e-discovery.

• Judges tend to focus only on the case right in front of them. It’s up to lawyers to educate judges on the number of cases their clients are facing each year, which will help them understand the overall impact of the costs of discoveries and other litigation-related matters.

On Saturday, Jan. 26, the County of Carleton Law Association celebrated its 125^th anniversary with a splashy celebration at the National Gallery of Canada in Ottawa.

 

Photos: Robin Grant

Here are the top 10 most read stories of 2012 from canadianlawyermag.com. Some are reproduced from the magazine, such as our Top 25 Most Influential — always a big draw — and some you’ll only find online, including our 4Students and InHouse web pages. As usual, the stories that rise to the top of the charts tend to be the rankings and surveys. Everyone wants to know how they measure up and where they fit in! As such, I encourage readers to participate in all our 2013 surveys and rankings.

 

1. The 2012 Canadian Lawyer Compensation Survey 

 

2. The top 25 most influential lawyers in Canada 

 

3. Looking to the future: Canadian Lawyer’s top 10 litigation and top 5 tax and business immigration law boutiques 

 

4. The offshore banking nightmare 

 

5. The death of collective bargaining 

 

6. Legal profession in turmoil: Let’s blame the law schools 

 

7. IP and labour and employment boutiques holding their own 

 

8. What’s hot, hot, hot 

 

9. Judge orders law student to hand over Facebook pics

 

10. Target brings fixed fee arrangement system to Canada

Canada

Toronto sees increase in shooting deaths for 2012, Toronto Star

Immigration consultant guilty of 54 charges, Montreal Gazette


United States

Employer wins relief from U.S. contraceptives mandate, Reuters

Court to decide if theme parks are liable for thrill ride injuries, Los Angeles Times


International

Japan's casino tycoon bet on Philippines fixer, Reuters

Apple loses another copyright lawsuit in China, Reuters