Legal Feeds Blog
2. Articling crisis gets worse
3. Cassels Brock’s counterclaim raises eyebrows
4. Disbarred lawyer’s ‘amazing story of redemption’ earns reinstatement to profession
5. Calling senior lawyer dishonest, negligent can get you fired
6. Lawyer who had sex with family law client in joint retainer in hot water for disclosure
7. Are judges appointed for political ties?
8. Lawyer facing contempt charge just doing his ‘duty’
9. Are lawyers ready to give up BlackBerrys?
10. Law school star makes third attempt at becoming a lawyer
The Québec Court of Appeal is the highest court in the province. The Édifice Ernest-Cormier was built between 1922 and 1926 and designed by architects Louis-Auguste Amos, Charles J. Saxe, and Ernest Cormier in the Classical Revival architectural style. It is built of of Montreal greystone, a limestone, quarried from the Île-Jésus, and is four storeys tall. Its base and columns are made of grey granite from Stanstead in the Eastern Townships. Construction cost $5 million.
It was the second courthouse in Montreal to bear the name Palais de justice de Montréal. After Cormier’s death in 1980, the building was renamed in his honour.
Upon its inauguration on Nov. 22, 1926, the building, which covers a city block, held courtrooms, dormitories for jurors, local police, and prisoners. Offices for judges and Crown attorneys and registrars were later added. From the 1930s to 1950s, the premiers of Quebec also had their offices in this building.
In 1972, after a new courthouse, the building was empty but the Archives nationales du Québec settled there from 1974 to 1987 and conservatories of music and drama from 1975 to 2001. Exentensive restoration work took place between 2002 and 2005 and the building now houses the Court of Appeal of Quebec in Montreal. Twenty judges sit on the bench, including the chief justice and several supernumerary judges. Cases are usually heard by three judges.
The Édifice Ernest-Cormier is located at 100 Notre-Dame St. E., across the street from both the first Palais de justice de Montréal, Édifice Lucien-Saulnier, and the current courthouse.
CANADA
Spousal violence costing goverment billions every year: study, Globe and Mail
York University sues former over alleged invoice scam, Toronto StarFormer B.C. Mountie to be extradited to U.S. to face drug charges, Vancouver Sun
UNITED STATES
California appeal court puts gay therapy ban on hold, for now, Reuters
Wells Fargo agrees to proposed settlement on shareholder actions, Reuters
INTERNATIONAL
MF Global trustee announces settlement deals key to cash payouts, Reuters
China to crack down on 'malicious' trademark registrations, Reuters
The final numbers for the Daily Bread Law Firm Challenge are in and, of the 41 law firms that participated, this year Blake Cassels and Graydon LLP is the overall winner, raising more than $40,000. This is the first time since the challenge started in 2003, that Blakes has won.
The winner for per-capita standings is Paliare Roland Rosenberg Rothstein LLP.
The top three firms in the overall standings are:
1. Blakes: $40,412.45
2. McCarthy Tétrault LLP: $39,168.05
3. Paliare Roland: $32,644.54
The top three firms in the per-capita standings are:
1. Paliare Roland: $480.07
2. Solmon Rothbart Goodman LLP: $380.94
3. Owens Wright LLP: $208.04
The Law Firm Challenge is Daily Bread’s largest employee drive of the holiday season and consistently raises close to $250,000 across the city.
Congratulations to all the participants who have been instrumental in helping Canada raise mo' than any other country in the world — for the second year in a row — during the Movember campaing for prostate cancer research and men's mental health.

This year’s intake of students in McGill’s faculty of law formed a team under the leadership of Tim Apedaile. The team, referred to as “Mo’tion to Dismiss” is comprised of 36 members, some of whom are pictured here.

The Canucks brigade from the University of Ottawa law school were motivated to grow some mos. Photo: Tim Tam.

These gentlemen law students from the University of Ottawa show us how to mo. Photo: Tim Tam.

The University of Manitoba’s Robson Hall had a team of 13 law students growing mos this year.

Second-year JD student at the University of Manitoba’s Robson Hall Michael Cashion is one of the top law student fundraisers in Canada.

First-year Windsor University law student Jason Sitt was crowned King of Movember at his school. Photo: Evan Bawks

Windsor Law student Mike Maher now has a bristly upper lip to go with his full head of hair. Photo: Evan Bawks

Mo bros and sistas at the University of Windsor sport their “moustaches” in support of Movember. Photo: Evan Bawks

Farris Vaughan Wills & Murphy LLP’s Mo Bros were split between its Kelowna and Vancouver offices. The Kelowna team sent along their photo but unfortunately the Vancouver bros were more camera shy.

The crew from Norton Rose Canada’s Calgary office ham it up for Movember.

McMillan LLP lawyers from across the country joined in to the facial hair-growing frenzy. Here's the Calgary section of the McStaches.

Alexandre Forest was the lone McStache at McMillan LLP's Montreal outpost.

There seems to be a theme going on with McMIllan's Ottawa McStaches.

The Toronto office McStaches seem to be pretty casual about the whole affair.

McMillan's Vancouver office with some serious Mos on their members of team McStaches.
Wagner is the son of Claude Wagner, a Quebec lawyer, prosecutor, judge, cabinet minister, federal Conservative leadership candidate, senator, who gave him much inspiration. He paid tribute to his father at yesterday's cermony.
“His generosity and noble spirit always inspired me to follow in his steps. He will always be my hero,” Wagner said at the formal gathering at the Supreme Court.
Wagner, 55, was elevated to the top court from Quebec Court of Appeal. He replaces Justice Marie Deschamps who retired in August.
As well check out the photo gallery of the students from law schools across the country who also participated. It'll be posted tomorrow.

Calgary’s Burnet Duckworth & Palmer LLP articling students Andrew Kuzma (left) and Brandon Holden (right) did it up right.

The BLG "Mo Bros" show theirs off!

The "Cassels Brock and Stachewell" team featuring (l to r) top: Geoff Breen, Ardy Mohajer, bottom: John McGowan, Lorne Silver, Chris Horkins and Patrick MacDonald.

The dapper team from Fasken Martineau DuMoulin LLP’s Montreal office.

London, Ont.'s Harrison Pensa lawyers show off their moustachioed selves.

Alex Shalashniy of the Regina firm Kanuka Thuringer LLP’s very bold mo.

Our colleague Tim Wilbur, Lexpert Magazine managing editor, sports one for the team.

The team from Mason Bennett Johncox in Whitby, Ont.

Celebrating their ’staches (l to r) are: Ryan Gelbart, Ben Bloom, David Ullmann, Andrew Zinman, Brad Good, Mark Freake and Edward Asmar of Toronto firm Minden Gross LLP.

A sterling mo effort from the team at Norton Rose Canada’s Toronto office. Photo: V. Summerfield.

The Honourable Justice Jamie W. S. Saunders Award is presented in Halifax annually to a Mo Bro or a Mo Sista or a team for their passion for and commitment to Movember. Nova Scotia Court of Appeal Justice Jamie W.S. Saunders presented this year’s to Rebecca L. Hiltz LeBlanc, a partner at Boyne Clarke LLP, and her husband Mitch Hiltz LeBlanc.

Sporting their ’staches at the Movember wrap up event held at the Halifax Law Courts on Nov. 29 are Nova Scotia Court of Appeal justices Peter M.S. Bryson, Pierre L. Muise, David P.S. Farrar, and Jamie W.S. Saunders, and Nova Scotia Supreme Court Justice Patrick J. Murray.

The Aird & Berlis LLP in Toronto team took their sexy moustaches up a notch, doing it Gangnam Style.

The very smiley bros from Oslers show off a solid set of mos.

Winnipeg law firm Pitblado’s team: Michael Puchniak, Seth Nerman, and Mark Wallace.

Daniel Strickland of Siskinds LLP in London gets a donation from Western University’s law dean Iain Scott.

Jean-Marc Leclerc of Sotos LLP sports his self-described “creepy” moustache.

The proud members of the Thornton Grout Finnigan LLP: (l to r): Kim Ferreira, Danny Nunes, Mark Donald, Kyle Plunkett, and Bob Thornton.

The MoTorys LLP team display their ’staches.
Four members of legal profession invested in Order of Canada
Written by Gail J. Cohen Monday, 26 November 2012Ian Binnie was elevated to Companion of the Order of Canada for his enduring contributions to law in Canada. One of the few lawyers appointed directly from the bar to the Supreme Court, he served there with wisdom for 14 years. His public service, also included four years as associate deputy minister of Justice and as a constitutional expert, he has demonstrated an abiding concern for issues affecting Canada’s Aboriginal peoples and was instrumental in developing the country’s jurisprudence in this area. He continues to make important contributions to the law and Canadian society.
John Richard, who served as the chief justice of the Federal Court of Appeal for more than a decade, guiding the institution through a period of reorganization and improving access to justice, was elevated as an Officer of the Order of Canada. His personal commitment to society is also evident in his service with various institutions and charitable organizations, including Carleton University, Reach Canada and the Royal Canadian Geographical Society.
Receiving her Member of the Order of Canada medal, Aaju Peter is an ardent defender of the rights of Canada’s northern Indigenous people. An Inuk clothing designer, lawyer and activist who lives in Iqualuit, she is committed to preserving Inuit culture and language. Travelling internationally, she has raised global awareness of the challenges confronting Canada’s most northern inhabitants. She also speaks about issues related to sustainability and resources, and their impact on the traditional way of life.
Also a new Member, Saskatoon lawyer Henry Kloppenburg’s generosity reflects his passion for his community. He is a collector of Canadian and Native art, much of which he has donated for public display. From scholarships and art donations to the establishment of the Kloppenburg Wildlife Refuge, his contributions have enriched the educational and cultural landscape of his province. He has also provided leadership to many organizations, including the University of Saskatchewan’s Biomedical Ethics Committee, the Kidney Foundation of Canada (Saskatchewan), the Mendel Art Gallery and the Saskatoon Symphony Orchestra.
Photos: Sgt Ronald Duchesne, Rideau Hall © 2012 Office of the Secretary to the Governor General of Canada

Former Supreme Court of Canada justice Ian Binnie with Governor General David Johnston.

Former chief justice of the Federal Court of Appeal John Richard with Governor General David Johnston.

Nunavut lawyer Aaju Peter after her investiture as a Member of the Order of Canada with Governor General David Johnson.

Saskatoon lawyer Henry Kloppenburg after receiving his Order of Canada medal from Governor General David Johnson.
The Law Society’s governing body today approved a three-year pilot project that will allow lawyer licensing candidates to either article or complete a Law Practice Program, starting in the 2014-15 licensing year.
The pilot project will measure competence through a fair process which provides access to the profession and fosters access to justice, while protecting the public.
The new licensing pilot will be extended for up to an additional two years if there is sufficient evidence to properly evaluate the pilot after three years.
Convocation also approved an appropriate member contribution to help defray costs of the pilot project. The amount of the contribution will be recommended by the Law Society’s Professional Development and Competence Committee to Convocation.
The program reflects the views of the majority of the Articling Task Force and was developed following extensive consultation with the profession and other stakeholders throughout 2012.
“Convocation had a robust discussion and agreed that this is the best path to follow, recognizing the complexity of the issue and that there is no one tried and tested solution,” Law Society Treasurer Thomas G. Conway said.
“This project addresses the reality of the articling placement shortage and that the articling requirement should not be a barrier to licensing to eligible, competent candidates.”
Under the pilot project, candidates may either complete the traditional 10-month articling term, with enhanced documentation, or an approximately four-month long LPP, which will also include an additional four-month co-operative work placement.
The Law Society will outsource the LPP and the establishment of the work placements will be the responsibility of the third-party provider.
The Law Society will oversee the assessments of defined learning outcomes necessary for entry-level practice for all candidates.
The debate over creating this new two-tiered articling system went on for many hours this morning and was watched online by over 1,000 people about 500 people. The Twitterverse was also all over it with a variety of people live tweeting and debating the debate. For a time, the hashtag #articling was the top trending topic in Canada.
No matter what the outcome, interest in the future of articling is great and the profession and law students probably had more input and open discussion about this issue than any before at the LSUC.
However, there was a tremendous amount of displeasure on two from law students who were following the debate on Twitter: no student voices were heard during the debate itself and the outcome. Here’s a sampling of what they had to say:
@sweetcement: What a bad decision LSUC. Thank you for potentially creating a generation of under-qualified, indebted, unpaid lawyers. #articling
University of Ottawa’s @KatarinaGermani: disappointing decision by LSUC on the #articling crisis to move to a two-tier system, disregarding huge issues with access to the profession
@tomreidwilson in Toronto: Saddened by how little attention was paid to student voices in the recent #articling decision.
@JamesDBowie in Ottawa: LL.B’s like me who feel strongly about #articling still have the choice. I want to article, and I plan to.
@ErinDand: Sad that the #articling crisis has been ‘solved’ by a bandaid solution creating a 2tier system. LPP wont help the fact of too many lawyers
Ottawa’s @MichDoody: Well LSUC, we put an important decision in your hands... you just let down a lot of people.
@HopelessJD: my final thought is how screwed my future is by this decision
University of Toronto’s @Ella_Henry: Unpaid co-ops + higher fees is the opposite of helping students graduating w/ 100,000+ in debt
Some lawyers were behind the decision:
@dougferguson9, the director of Community Legal Services at Western Law: Congratulations to the benchers @LawsocietyLSUC for moving forward with change after a thorough debate.
@Joel_Welch: Thanks to the #36 #LUSC #Benchers who voted for changes to the licensing reqs. It gives many candidates a fighting chance.
Many were not:
@dforce66: I think our profession just made a huge mistake, but I guess only time will tell... #articling 36-20
Criminal lawyer @RHDefence: The proper solution to the articling crisis is known to everyone. The idea of a two tier licencing process is a sham
Ottawa’s @GalldinRoberts: #LSUC, hard to show young lawyers there is value to their work when we’re telling them to work for free #articling
@wiselaw: Wrong outcome, but cudos to the LSUC for the open process and live streaming of this important debate
@renattaaustin: LPP is now with us as an alternative to #articling. The ball is now in the law schools’ court to move to the Carnegie Model.
We’ll have more analysis and insight into the debate and its impact on Law Times and Canadian Lawyer 4Students next week.
| The first phase of B.C.’s Justicia Project will focus on national and large regional firms. (Photo: Liv Clark) |
B.C.’s program has two phases: one is directed at national law firms with offices in B.C. that are already participants in Justicia in Ontario and Alberta, as well as large regional firms who may be interested in the project. Phase two will be directed at all other B.C. firms.
Shayne Strukoff, managing partner of Gowlings’ Vancouver office, and Gowlings’ associate Helena Plecko volunteered to drive the initiative on behalf of the LSBC. Other members of the B.C. Justicia working group are Lisa Vogt, chairwoman of McCarthy Tétrault LLP’s national diversity committee, and Blake Cassels & Graydon LLP Vancouver managing partner Bill Maclagan.
“We encourage law firms of all sizes to lend their support to this important project,” says Plecko. “We hope it will pave the way for systemic change in the legal profession that will address the realities women in private practice are facing.”
Today, Gowlings is hosting a managing partners summit to introduce the first phase of the project. Participating law firms will commit to achieving goals in four areas:
• tracking gender demographics;
• reviewing/introducing flexible work arrangements and parental leave policies;
• adopting initiatives to foster women’s networking and business development; and
• promoting leadership skills for women.
This latest Justicia project comes on the heels of the first-ever national survey of women’s initiatives in law firms from the U.S.-based NAWL Foundation, the research and charitable arm of the National Association of Women Lawyers. It found that despite a prevalence of women’s initiatives in law firms, many don’t have sufficient funding or articulated goals to make them successful.
The survey shows firms are not devoting enough resources to women’s initiatives, despite the positive effect they can have on law firms’ business. Although 97 per cent of large U.S. firms sponsor a women’s initiative, only 42 per cent report their women’s initiative is part of the firm’s strategic plan. Eighty per cent identify an objective for their women’s initiative, but it is unclear whether objectives are written and linked to specific goals, such as retention or advancement. And while a little more than half of firms sponsor firm-wide meetings of women partners, only 29 per cent of firms consider such events to be effective.
“These statistics confirm what women, particularly in large firms, already know, which is that women are not receiving the kind of support that translates into equity partnerships and true leadership positions,” American Bar Association President Laurel Bellows said in response to the report.
The survey also looked at how women’s initiatives can move to the next phase. Its recommendations included having fewer “soft” programs, such as networking functions, and more programs that target the factors that directly affect advancement in firms. The survey also found that women’s initiatives require more funding: The typical law firm spends far less on its women’s initiatives than on the salary of one first-year associate.
While focused on American firms, the NAWL Foundation report has some good analysis of what firms are and can be doing in order to make their initiatives more valuable and actually work to keep women in private practice. It would be worthwhile for everyone involved in the Justicia projects around the country to read it.
Lawyers or law firms with questions about Justicia or how to participate should contact Michael Lucas, the LSBC’s manager of policy and legal services This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
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