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Legal Feeds Blog
Ontario’s title insurance wars flared up and then quickly extinguished last month as the Title Insurance Industry Association of Canada asked the government to look at removing independent lawyers from a step in the process.
In a letter to Finance Minister Dwight Duncan in the fall, the association asked him to reconsider what it says is a “unique regulation” in the Insurance Act that requires a lawyer not employed by the title insurer to certify title before it issues a policy. “This regulation has not been reviewed since the mid-1990s and as such is not in step with changes in residential conveyancing in Ontario,” association acting president Patrick Squire wrote to Duncan.
Squire noted several factors, including the province’s eagerness to reduce tape and unnecessary costs, to back up its request. As well, it referred to the “conflict of interest of the Law Society of Upper Canada as a regulator and operator of title insurance and their ability to audit and investigate lawyers hired by title insurers to comply with this regulation.”
As such, he asked that, at a minimum, “we are seeking the ability to use our own in-house lawyers.”
LawPRO, the insurance arm of the LSUC that owns and operates TitlePLUS, criticized the proposal in a letter last month. “Ensuring consumers have access to expert legal advice and guidance when they purchase a home (likely their most expensive single investment) is fundamental to effective consumer protection,” said LawPRO president and CEO Kathleen Waters in her response. TitlePLUS is not part of the association.
In its letter, the association noted the LSUC had no opposition to its idea of reviewing the regulation. But in a note on its web site last month, the LSUC indicated that it supports the rule. “Since the mid-1990s, we have maintained the position that consumers must have access to expert independent legal advice and guidance when purchasing a home,” it said.
For its part, the association quickly responded with a letter to Duncan withdrawing its request for a review of the regulation. The latest battle over lawyers’ roles in title insurance, then, appears to have been more of a skirmish.
In a letter to Finance Minister Dwight Duncan in the fall, the association asked him to reconsider what it says is a “unique regulation” in the Insurance Act that requires a lawyer not employed by the title insurer to certify title before it issues a policy. “This regulation has not been reviewed since the mid-1990s and as such is not in step with changes in residential conveyancing in Ontario,” association acting president Patrick Squire wrote to Duncan.
Squire noted several factors, including the province’s eagerness to reduce tape and unnecessary costs, to back up its request. As well, it referred to the “conflict of interest of the Law Society of Upper Canada as a regulator and operator of title insurance and their ability to audit and investigate lawyers hired by title insurers to comply with this regulation.”
As such, he asked that, at a minimum, “we are seeking the ability to use our own in-house lawyers.”
LawPRO, the insurance arm of the LSUC that owns and operates TitlePLUS, criticized the proposal in a letter last month. “Ensuring consumers have access to expert legal advice and guidance when they purchase a home (likely their most expensive single investment) is fundamental to effective consumer protection,” said LawPRO president and CEO Kathleen Waters in her response. TitlePLUS is not part of the association.
In its letter, the association noted the LSUC had no opposition to its idea of reviewing the regulation. But in a note on its web site last month, the LSUC indicated that it supports the rule. “Since the mid-1990s, we have maintained the position that consumers must have access to expert independent legal advice and guidance when purchasing a home,” it said.
For its part, the association quickly responded with a letter to Duncan withdrawing its request for a review of the regulation. The latest battle over lawyers’ roles in title insurance, then, appears to have been more of a skirmish.
The Supreme Court of Canada starts its winter session today. Here are the appeals the SCC will be hearing this week.
Jan. 9 — Saskatchewan — Benjamin Cain MacKenzie v. R.
Charter of Rights and Freedoms: Benjamin Cain MacKenzie was stopped by two RCMP officers along the TransCanada Highway. The officers used a sniffer dog to search his vehicle and found 31.5 pounds of marijuana. MacKenzie was arrested for possession of a controlled substance for the purposes of trafficking. At issue is whether the officers violated his right to be secure against unreasonable search and seizure under the Charter of Rights and Freedoms by conducting a sniff search of his vehicle.
Jan. 9 — Alberta — Kaitlyn Ruth Smith v. R.
Criminal: Kaitlyn Ruth Smith was the driver of a vehicle involved in a car accident, in which one of the four passengers was killed. Blood and other samples were taken from Smith at the hospital. Following the toxicology report, she was charged with impaired driving causing death among other charges. At trial, the Crown failed to establish the reliability of the hospital’s analysis of Smith’s blood alcohol level and she was acquitted. The Alberta Court of Appeal allowed the appeal and ordered a new trial.
Jan. 11 — Ontario — Wayne Penner v. Regional Municipality of Niagara Regional Police Services Board
Civil procedure: During a trial, Wayne Penner was arrested for causing a disturbance. He filed a complaint with the Niagara Regional Police Services Board but the arrest was upheld. Penner then sued the Police Services Board for unlawful arrest, unnecessary use of force, false imprisonment. and malicious prosecution.
Jan. 12 — Federal Court — Toronto-Dominion Bank v. R.
Legislation: This case involves a dispute over $12,014 that a company owed the federal government in previously collected GST and Revenu Québec’s requirement that TD Bank pay part of it from the company’s bank account.
Jan. 13 — Federal Court — R. v. GlaxoSmithKline Inc.
Taxation: The minister of National Revenue reassessed GlaxoSmithKline Inc. by increasing its income based on the fact that it overpaid its non-arm’s length supplier for the pharmaceutical ingredient ranitidine. The Tax Court of Canada upheld most of the reassessments but the Federal Court of Appeal set aside the Tax Court’s decision and ordered the case be reheard.
Jan. 9 — Saskatchewan — Benjamin Cain MacKenzie v. R.Charter of Rights and Freedoms: Benjamin Cain MacKenzie was stopped by two RCMP officers along the TransCanada Highway. The officers used a sniffer dog to search his vehicle and found 31.5 pounds of marijuana. MacKenzie was arrested for possession of a controlled substance for the purposes of trafficking. At issue is whether the officers violated his right to be secure against unreasonable search and seizure under the Charter of Rights and Freedoms by conducting a sniff search of his vehicle.
Jan. 9 — Alberta — Kaitlyn Ruth Smith v. R.
Criminal: Kaitlyn Ruth Smith was the driver of a vehicle involved in a car accident, in which one of the four passengers was killed. Blood and other samples were taken from Smith at the hospital. Following the toxicology report, she was charged with impaired driving causing death among other charges. At trial, the Crown failed to establish the reliability of the hospital’s analysis of Smith’s blood alcohol level and she was acquitted. The Alberta Court of Appeal allowed the appeal and ordered a new trial.
Jan. 11 — Ontario — Wayne Penner v. Regional Municipality of Niagara Regional Police Services Board
Civil procedure: During a trial, Wayne Penner was arrested for causing a disturbance. He filed a complaint with the Niagara Regional Police Services Board but the arrest was upheld. Penner then sued the Police Services Board for unlawful arrest, unnecessary use of force, false imprisonment. and malicious prosecution.
Jan. 12 — Federal Court — Toronto-Dominion Bank v. R.
Legislation: This case involves a dispute over $12,014 that a company owed the federal government in previously collected GST and Revenu Québec’s requirement that TD Bank pay part of it from the company’s bank account.
Jan. 13 — Federal Court — R. v. GlaxoSmithKline Inc.
Taxation: The minister of National Revenue reassessed GlaxoSmithKline Inc. by increasing its income based on the fact that it overpaid its non-arm’s length supplier for the pharmaceutical ingredient ranitidine. The Tax Court of Canada upheld most of the reassessments but the Federal Court of Appeal set aside the Tax Court’s decision and ordered the case be reheard.
Canada
B.C. man to appear in Supreme Court on defamation allegations, The Globe and Mail
Maple Lodge Farms faces charges in violation of animal transport rules, Toronto Star
B.C. man faces assault with weapons charge after standoff with Abbotsford police, The Province
United States
Native American roots trump in adoption battle, Reuters
U.S. Supreme Court to hear drug-dog case, Montreal Gazette
International
Iran sentences Iranian-American man to death for spying, Reuters
Pakistan's former envoy to U.S. denies involvement in drafting coup memo, Reuters
B.C. man to appear in Supreme Court on defamation allegations, The Globe and Mail
Maple Lodge Farms faces charges in violation of animal transport rules, Toronto Star
B.C. man faces assault with weapons charge after standoff with Abbotsford police, The Province
United States
Native American roots trump in adoption battle, Reuters
U.S. Supreme Court to hear drug-dog case, Montreal Gazette
International
Iran sentences Iranian-American man to death for spying, Reuters
Pakistan's former envoy to U.S. denies involvement in drafting coup memo, Reuters
A Windsor, Ont., real estate lawyer convicted of tax evasion last year could be one step closer to disbarment after appearing before a Law Society of Upper Canada committee Jan. 9. Kevin Fanick pleaded guilty to more than $23,000 in evaded taxes before Ontario Court Justice Mitch Hoffman last June. He was fined $23,542 — the amount of taxes he owed through either GST rebates or taxes in 2004, 2005 and 2006, according to a Canada Revenue Agency report.
Seven months later, Fanick’s licence was suspended indefinitely by the LSUC. According to a notice of application filed by the LSUC in December, he was charged with professional misconduct after the regulatory agency learned of his tax evasion conviction.
Fanick is set to attend an LSUC practice management conference Monday, said LSUC spokesperson Susan Tonkin. A hearing date will be set and any adjournments could be filed with the LSUC practice management committee during that time.
At the hearing, Fanick will face allegations by the LSUC that he violated the Law Society Act by failing to report to the LSUC that he’d been charged with 17 offences under the Income Tax Act and the Excise Tax Act in Feb. 2009, and an additional five offences under the same acts in June of last year.
The law society also contends Fanick failed to serve the Royal Bank of Canada and RTC, his clients, by not communicating with them regarding several issues he was retained to litigate.
In the notice, the LSUC also alleges Fanick failed to respond to “at least 20 letters, six emails, seven faxes, and four voice messages” from the regulatory regarding two complaints by his client, Royal Bank of Canada, one complaint by RTC, one complaint by client KS, and three complaints by the LSUC between April 2010 and May 2011.
Fanick will also face allegations that he failed to produce books and records requested by the LSUC in five letters between January 2011 and May 2011 during the hearing. The date of that hearing will be set during the LSUC proceedings management conference Monday. The hearing will determine whether Fanick engaged in professional misconduct and “conduct unbecoming of a licensee.”
Update Jan. 9 with proper name of LSUC proceedings.
Seven months later, Fanick’s licence was suspended indefinitely by the LSUC. According to a notice of application filed by the LSUC in December, he was charged with professional misconduct after the regulatory agency learned of his tax evasion conviction.
Fanick is set to attend an LSUC practice management conference Monday, said LSUC spokesperson Susan Tonkin. A hearing date will be set and any adjournments could be filed with the LSUC practice management committee during that time.
At the hearing, Fanick will face allegations by the LSUC that he violated the Law Society Act by failing to report to the LSUC that he’d been charged with 17 offences under the Income Tax Act and the Excise Tax Act in Feb. 2009, and an additional five offences under the same acts in June of last year.
The law society also contends Fanick failed to serve the Royal Bank of Canada and RTC, his clients, by not communicating with them regarding several issues he was retained to litigate.
In the notice, the LSUC also alleges Fanick failed to respond to “at least 20 letters, six emails, seven faxes, and four voice messages” from the regulatory regarding two complaints by his client, Royal Bank of Canada, one complaint by RTC, one complaint by client KS, and three complaints by the LSUC between April 2010 and May 2011.
Fanick will also face allegations that he failed to produce books and records requested by the LSUC in five letters between January 2011 and May 2011 during the hearing. The date of that hearing will be set during the LSUC proceedings management conference Monday. The hearing will determine whether Fanick engaged in professional misconduct and “conduct unbecoming of a licensee.”
Update Jan. 9 with proper name of LSUC proceedings.
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Canada
Court approves Ontario's $50B tobacco lawsuit, CTV News
N.B. justice minister calls for family court reforms, CBC News
Boy, 13, charged with sexually assaulting foster home brothers, Calgary Herald
United States
Judge rules against Clorox in cat litter box fight, Reuters
N.Y. lawyer who billed clients for escort services loses appeal, Reuters
International
Former Turkish army chief remanded pending trial, Reuters
Compensation claims against Porsche, VW reach $2.3B, Reuters
Court approves Ontario's $50B tobacco lawsuit, CTV News
N.B. justice minister calls for family court reforms, CBC News
Boy, 13, charged with sexually assaulting foster home brothers, Calgary Herald
United States
Judge rules against Clorox in cat litter box fight, Reuters
N.Y. lawyer who billed clients for escort services loses appeal, Reuters
International
Former Turkish army chief remanded pending trial, Reuters
Compensation claims against Porsche, VW reach $2.3B, Reuters
The number of law firm mergers increased drastically in 2011 and more are expected in 2012, according to a Hildebrandt Institute report released yesterday.
There was a 67-per-cent surge in law firm mergers in the United States in 2011, said the report, which cited 45 mergers involving U.S. firms compared to 27 mergers in 2010. Merger activity seems to be reverting back to levels before the recession where there were typically 55 or more mergers per year.
Law firm mergers in Canada also jumped in 2011. On June 1, Ogilvy Renault LLP sent shockwaves through the legal industry when it became the first Canadian firm to join the Norton Rose Group, with Macleod Dixon LLP following suit on Jan. 1 this year to create Norton Rose Canada. With the addition of the Canadian firms, Norton Rose now has more than 2,900 lawyers in offices around the globe.
McMillan LLP and Lang Michener LLP also combined on Jan. 1, 2011, now operating under the name McMillan. In addition, shortly before McMillan’s merger, Saskatchewan’s Balfour Moss LLP merged with Miller Thomson LLP on Dec. 7, 2010.
Eleven mergers have already been announced in the U.S. in the past two weeks, which is almost twice as many at this time last year. These include Faegre & Benson LLP in Minneapolis and Baker & Daniels LLP in Indianapolis to become Faegre Baker Daniels LLP; Greenebaum Doll & McDonald PLLC in Kentucky and Bingham McHale LLP in Indianapolis to become Bingham Greenebaum Doll LLP; Schottenstein Zox & Dunn Co. in Columbus, Ohio combined with Ice Miller LLP in Indianapolis; and Holme Roberts & Owen LLP in Denver combined with Bryan Cave LLP in St. Louis.
There were also some large mergers in the United Kingdom in 2011 with more expected in 2012, including Australian law firm Blake Dawson’s plans to combine its business with the U.K.’s Ashurst LLP in March 2012 and a full merger by 2014.
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| Photo: Shutterstock |
Law firm mergers in Canada also jumped in 2011. On June 1, Ogilvy Renault LLP sent shockwaves through the legal industry when it became the first Canadian firm to join the Norton Rose Group, with Macleod Dixon LLP following suit on Jan. 1 this year to create Norton Rose Canada. With the addition of the Canadian firms, Norton Rose now has more than 2,900 lawyers in offices around the globe.
McMillan LLP and Lang Michener LLP also combined on Jan. 1, 2011, now operating under the name McMillan. In addition, shortly before McMillan’s merger, Saskatchewan’s Balfour Moss LLP merged with Miller Thomson LLP on Dec. 7, 2010.
Eleven mergers have already been announced in the U.S. in the past two weeks, which is almost twice as many at this time last year. These include Faegre & Benson LLP in Minneapolis and Baker & Daniels LLP in Indianapolis to become Faegre Baker Daniels LLP; Greenebaum Doll & McDonald PLLC in Kentucky and Bingham McHale LLP in Indianapolis to become Bingham Greenebaum Doll LLP; Schottenstein Zox & Dunn Co. in Columbus, Ohio combined with Ice Miller LLP in Indianapolis; and Holme Roberts & Owen LLP in Denver combined with Bryan Cave LLP in St. Louis.
There were also some large mergers in the United Kingdom in 2011 with more expected in 2012, including Australian law firm Blake Dawson’s plans to combine its business with the U.K.’s Ashurst LLP in March 2012 and a full merger by 2014.
Canada
N.S. court dismisses appeal over milk-quota pricing, The Chronicle-Herald
Que. poker champ's ex planned to rob him: court told, The Gazette
Disgraced N.S. bishop sentenced for child porn, then released, CTV News
United States
Judge who fought for desegregation dies, Reuters
BP oil spill fund resumes payment to victims, Reuters
International
Turkish journalists on trial for alleged conspiracy, Reuters
Egyptian telecom employees charged over Israel calls, Reuters
N.S. court dismisses appeal over milk-quota pricing, The Chronicle-Herald
Que. poker champ's ex planned to rob him: court told, The Gazette
Disgraced N.S. bishop sentenced for child porn, then released, CTV News
United States
Judge who fought for desegregation dies, Reuters
BP oil spill fund resumes payment to victims, Reuters
International
Turkish journalists on trial for alleged conspiracy, Reuters
Egyptian telecom employees charged over Israel calls, Reuters
First wave of B.C. duty counsel withdrawals underway
Written by Michael McKiernan Wednesday, 04 January 2012
The first wave of duty counsel withdrawals have begun in B.C. as lawyers step up their campaign against legal aid cuts in the province.
The Trial Lawyers’ Association of British Columbia says the system has faced $50 million in cuts over the last 20 years and faces the risk of collapse without a major infusion of cash.
“This decision wasn’t taken lightly,” says Rishi Gill, a Vancouver criminal lawyer who co-chairs the TLABC’s legal aid action committee. “But the only way we can seem to get the government’s attention is through sheer brute force. We’re now saying we’re fed up and we’ve had enough. The system is not functioning properly, and this is not tenable. It tells the government that we’re serious about addressing these shortfalls.”
In November 2011, lawyers from across the province rallied to call for a boost to legal aid funding, staging simultaneous demonstrations in Vancouver, Victoria, Kamloops, and Penticton.
This week, they made their presence felt again as lawyers who normally take on legal aid cases refused to perform duty counsel services, such as representing people taken into custody soon after their arrest. In February, the job action escalates to the first two weeks of the month, then the first three weeks of March, before a complete withdrawal of services in April.
On Dec. 30, the province announced an extra $2.1 million in funding to the Legal Services Society, the legal aid provider in B.C. for family and child protection services, but Gill says that will not make a significant difference.
The TLABC claims the provincial government should be directing more of the $100 million it collects in provincial tax on legal fees towards legal aid, which they say was the original intention of the tax.
Gill says a lack of substantial investment by the government will provoke more job action, and that major legal aid cases could be next up for a potential boycott, as happened during Ontario’s legal aid boycott from 2009-2010.
“The first day was successful and we’re going strong. We’re going to remain united. If it doesn’t lead to some real change, it is going to be escalated further,” Gill says. “Continual underfunding of legal aid by the provincial government means access to justice for average people and the most marginal people in society is cut off.”
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| In November, lawyers rallied across B.C. to call for a boost to legal aid funding. Photo: Jean Sorensen |
“This decision wasn’t taken lightly,” says Rishi Gill, a Vancouver criminal lawyer who co-chairs the TLABC’s legal aid action committee. “But the only way we can seem to get the government’s attention is through sheer brute force. We’re now saying we’re fed up and we’ve had enough. The system is not functioning properly, and this is not tenable. It tells the government that we’re serious about addressing these shortfalls.”
In November 2011, lawyers from across the province rallied to call for a boost to legal aid funding, staging simultaneous demonstrations in Vancouver, Victoria, Kamloops, and Penticton.
This week, they made their presence felt again as lawyers who normally take on legal aid cases refused to perform duty counsel services, such as representing people taken into custody soon after their arrest. In February, the job action escalates to the first two weeks of the month, then the first three weeks of March, before a complete withdrawal of services in April.
On Dec. 30, the province announced an extra $2.1 million in funding to the Legal Services Society, the legal aid provider in B.C. for family and child protection services, but Gill says that will not make a significant difference.
The TLABC claims the provincial government should be directing more of the $100 million it collects in provincial tax on legal fees towards legal aid, which they say was the original intention of the tax.
Gill says a lack of substantial investment by the government will provoke more job action, and that major legal aid cases could be next up for a potential boycott, as happened during Ontario’s legal aid boycott from 2009-2010.
“The first day was successful and we’re going strong. We’re going to remain united. If it doesn’t lead to some real change, it is going to be escalated further,” Gill says. “Continual underfunding of legal aid by the provincial government means access to justice for average people and the most marginal people in society is cut off.”
Governor General David Johnston announced 66 new appointments to the Order of Canada on Dec. 30, 2011.
There are five lawyers in the group of new appointees including former prime minister Paul Martin Jr., who has bee accorded to the highest honour of Companion of the Order. Martin was called to the Ontario bar in 1966 and has spent most of his career in business and politics.
The Order of Canada is one of Canada’s highest civilian honours. It was established in 1967 during Canada’s centennial year to recognize a lifetime of outstanding achievement, dedication to community and service to the nation. There are three areas of appointment: companion, officers and members
Recipients will be invited to accept their insignia at a ceremony to be held at a later date.
Officers
David W. Scott has been made an officer of the Order of Canada for his contributions to the legal profession and for his charitable activities. Scott is is co-chairperson of Borden Ladner Gervais LLP and Counsel in the Ottawa office. He was called to the Ontario bar in 1962 and is certified by the Law Society of Upper Canada as a specialist in civil litigation. He was appointed Queen’s Counsel in 1976 and has been honoured with awards from many legal associations in Canada and is well known for his pro bono work. He is also a former LSUC bencher.
Members
Charlottetown family lawyer Daphne E. Dumont, a former president of the Canadian Bar Association, has been named a member of the Order of Canada for her contributions as a lawyer and volunteer with various legal associations. Dumont earned her law degree at Oxford University in 1976, becoming the first woman admitted to study law at any of the Oxford men’s colleges. She served on the national task force on gender equality in the legal profession with former Supreme Court justice Bertha Wilson and also worked for five years on a CIDA-funded development project to introduce civil legal aid to rural China. She was called to the P.E.I. bar in 1978 and is a partner in Macnutt & Dumont.
Mary Margaret Hetherington of Calgary, Alta. has been recognized for her pioneering achievements as a woman in law and for her work in northern communities. Hetherington has been a judge for the courts of appeal in Nunavut and Alberta and is highly regarded for breaking new ground in the field of alternative dispute resolution.
Aaju Peter is a lawyer and clothing designer in Iqaluit, Nunavut. She is honoured for her contributions to the preservation and promotion of Inuit culture and language. Peter was born and raised in Greenland, and moved to Iqaluit in the early 1980s. She is a mother of five and is a graduate of the ground-breaking Akitsiraq Law School and is well-known for her sealskin creations.
The full list of appointments is here.
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| David W. Scott |
The Order of Canada is one of Canada’s highest civilian honours. It was established in 1967 during Canada’s centennial year to recognize a lifetime of outstanding achievement, dedication to community and service to the nation. There are three areas of appointment: companion, officers and members
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| Daphne Dumont Photo: Gail J. Cohen |
Officers
David W. Scott has been made an officer of the Order of Canada for his contributions to the legal profession and for his charitable activities. Scott is is co-chairperson of Borden Ladner Gervais LLP and Counsel in the Ottawa office. He was called to the Ontario bar in 1962 and is certified by the Law Society of Upper Canada as a specialist in civil litigation. He was appointed Queen’s Counsel in 1976 and has been honoured with awards from many legal associations in Canada and is well known for his pro bono work. He is also a former LSUC bencher.
Members
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| Aaju Peter Photo: Gail J. Cohen |
Mary Margaret Hetherington of Calgary, Alta. has been recognized for her pioneering achievements as a woman in law and for her work in northern communities. Hetherington has been a judge for the courts of appeal in Nunavut and Alberta and is highly regarded for breaking new ground in the field of alternative dispute resolution.
Aaju Peter is a lawyer and clothing designer in Iqaluit, Nunavut. She is honoured for her contributions to the preservation and promotion of Inuit culture and language. Peter was born and raised in Greenland, and moved to Iqaluit in the early 1980s. She is a mother of five and is a graduate of the ground-breaking Akitsiraq Law School and is well-known for her sealskin creations.
The full list of appointments is here.
Canada
B.C. child rapist handed 10-year sentence, CBC News
Defective toothbrush lawsuit in B.C. court, The Vancouver Sun
Canadian allowed entry to U.S. with passport on iPad, Hamilton Spectator
United States
Texas lawyer seeks marathon records, Reuters
SEC accuses Life Partners of accounting fraud, Reuters
International
EU to decide whether to act against Hungary laws, Reuters
Ecuador court upholds $18B Chevron damage ruling, Reuters
B.C. child rapist handed 10-year sentence, CBC News
Defective toothbrush lawsuit in B.C. court, The Vancouver Sun
Canadian allowed entry to U.S. with passport on iPad, Hamilton Spectator
United States
Texas lawyer seeks marathon records, Reuters
SEC accuses Life Partners of accounting fraud, Reuters
International
EU to decide whether to act against Hungary laws, Reuters
Ecuador court upholds $18B Chevron damage ruling, Reuters
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