Canada

SCC won't hear appeal over B.C. parish properties, The Vancouver Sun

Former senator sentenced to jail for fraud, The Gazette

Top court won't review Hells Angels bail case, The Gazette

United States

Alabama man executed for murder of woman, 70, Reuters

Prosecutors seek jail time for ex-Credit Suisse broker, Reuters

International

Kenya sets up first supreme court, AFP

School's ban on hairstyles racist: British court, Reuters

The Supreme Court of Canada announced today it has granted a leave to appeal application in a case involving a British Columbia woman who suffered a severe traumatic brain injury during a motorcycle accident.

As is customary, the country’s highest court did not disclose its reasons for agreeing to hear arguments in the case of Clements (Litigation Guardian of) v. Clements.

The matter involves Joan Clements, who suffered her injuries while riding in rainy conditions on a Harley-Davidson motorcycle driven by her husband, Joseph Clements. The trial judge at the Supreme Court of British Columbia, Justice Christopher Grauer, ruled the husband was negligent in two ways: first, he was driving at an excessive speed — at least 120 km/h in a 100 km/h zone — and, second, his 1998 Harley-Davidson Road Glide touring bike was overloaded by 100 lbs. more than the gross vehicle weight rating in the owner’s manual.

Grauer applied the material-contribution test after finding that the wife had failed to meet the generally applicable but-for test for causation, and ruled that causation had been established, making the husband liable for the wife’s injuries.

The B.C. Court of Appeal overturned that decision in December 2010 and dismissed the action.

Justice David Frankel, writing for the unanimous appeal court panel, noted Grauer found that the wife’s counsel had failed to show that the motorcycle wouldn’t have capsized but for the husband’s negligence.

Once that determination was made, said Frankel, the trial judge should have ruled that causation was not proven.

“This is not a case involving either circular or dependency causation,” wrote Frankel, referring to considerations applicable to the material contribution test. “Rather, it is a case like many others in which, given the current state of knowledge, it is not possible to prove whether the negligent actions of a defendant caused harm. I do not consider it either unfair or unjust . . . not to fix Mr. Clements with liability when Mrs. Clements has been unable to show factually that his negligence was a cause of her damages.”

Canada

Ex-senator to be sentenced for fraud, CBC News

Convicted ex-cop made 'mockery' of justice system: judge, The Hamilton Spectator

B.C. teacher ordered to pay student $110K for sex abuse, The Vancouver Sun

United States

Texas man's execution stayed, Reuters

Minn. governor asks court for budget mediator, Reuters

International

Spanish court orders probe into Botin family's taxes, Reuters

Indonesia ramps up security before Islamic cleric's verdict, Reuters

The Canadian Bar Association’s national task force on class actions is looking for feedback on a draft judicial protocol that aims to alleviate procedural havoc.

The task force was created in February 2010 to look for ways to tackle procedural problems that have caused headaches for litigants and courts involved in multijurisdictional and overlapping class actions. The issue has come to the fore in recent decades, as Canadian provinces have gradually introduced their own legislation permitting class proceedings. The lack of a single national approach means counsel in two or more provinces often seek certification in cases addressing the same issues.

“The purpose of the consultation is to ensure that the protocol will meet the needs of counsel, the judiciary, and parties affected by class action litigation,” explains task force chairwoman Sylvie Rodrigue of Montreal. “We also want to be sure the protocol will be effective in solving the problems that have and may arise in multijurisdictional class actions.”

The CBA says the draft protocol uses existing provisions in provincial class proceeding statutes to create a system that allows multiple or overlapping class actions to navigate the courts in an efficient manner.

“The protocol would allow those courts to work together to make orders regarding case management and would allow those courts, if they all agree, to name a single judge to co-ordinate the scheduling of procedures in the various courts, or the administration of a settlement,” says Rodrigue.

Most notably, the protocol would allow courts in different provinces or territories to join forces and issue orders on case management. It would also allow them to name a single judge who would be charged with facilitating procedures in the various courts, including the handling of settlements.

The consultation paper and draft judicial protocol are available on the CBA’s web site. The task force’s consultation period ends July 8.

Canada

New trial ordered for teen's death at B.C. party, The Vancouver Sun

Insurance company to pay back $360K: court, CBC News

Ex-cop to appeal murder conviction, CP24

United States

Wis. court upholds anti-union law, Reuters

Judge sides with Rambus over shredding, Reuters

International

South African judge appointment challenged in court, Reuters

Bahraini court permits journalists to call witnesses to trial, Reuters

Kenneth Bagshaw, the retired chief legal officer for the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games, was named Canadian general counsel of the year at an awards ceremony in Toronto last night.

W. David Jamieson, executive vice president and corporate secretary at J. D. Irving, Ltd., won the lifetime achievement award. In addition, two organizations, the Royal Bank of Canada and the Chippewas of Rama First Nation, shared the social responsibility award.

This was the seventh year for the annual Canadian General Counsel Awards organized by The National Post and ZSA Legal Recruitment. The aim is to recognize excellence in the Canadian in-house counsel community.

An advisory board made up primarily of external and in-house lawyers went through the long list of nominations before coming up with a list of finalists for the 2011 awards. The finalists included a diverse group of organizations and in-house counsel, ranging from Dawn Devoe of World Vision Canada to James E. McLandress of the Canadian Wheat Board.

More than 400 members of Canada’s legal community participated in the black-tie event.

The winning legal department leaders in the other categories included:

— Litigation management: Margaret Ross, general counsel of the Canadian Medical Protective Association

— Mid-market excellence: Barbara Snowdon, general counsel and corporate secretary at Chorus Aviation Inc.

— Tomorrow’s leader: Jody Becker, vice president and general counsel, EllisDon Group of Companies

— Business achievement: Sharon Dowdall, vice president for special projects at Franco-Nevada Corp.

— Deal making: Peter Johnson, general counsel and corporate secretary at Shaw Communications Inc.

Canada

Feds propose law to speed up criminal mega-trials, Reuters

Soldier challenging military policy, Toronto Sun
NDP reintroduces bilingual Supreme Court bill, CTV News

United States

Top court rules in favour of Janus in securities case, Reuters

Nevada legislators' ethics law upheld by court, Wall Street Journal

International

No evidence that Khodorkovsky judge pressured: investigators, Winnipeg Free Press

Inquiry into Iraqi civilian abuse a 'shambles': lawyer, AFP

A former justice of the peace involved in a long series of litigation against the Ministry of the Attorney General and the vice chairman of the Human Rights Tribunal of Ontario has lost his bid to have “some disinterested person” hear his discrimination case.

Regis Jogendra had gone before the Superior Court to press for an appointment under the Public Officers Act over his concerns over bias given that his complaint before the HRTO names it as a respondent. As Law Times previously reported, Jogendra, whom an earlier ruling noted was a “barrister and solicitor in another common law jurisdiction,” has been involved in several human rights rulings over the years, including the initial complaint that centred on allegations of discrimination on the basis of ancestry, colour, ethnic origin, place of origin, and race due to the government’s failure to assign him a full-time presiding appointment.

By the time he launched the human rights complaint, he had already retired from his position as a justice of the peace in 2003.

In the meantime, he had entered into an agreement with the Crown related to earlier criminal charges against him. Under the agreement, the Crown was to withdraw 10 counts of sexual assault against him as long as he appeared before the Justices of the Peace Review Council and admitted to the allegations. That was back in 2000. But before the parties could implement the agreement, he faced a further allegation of sexual assault in 2001. He was acquitted on that charge in 2003.

Jogendra ended up filing his complaint about the promotion in 2007. He also alleged discrimination stemming from the government’s failure to indemnify him for legal costs in defending the criminal charges.

On March 3, 2009, HRTO vice chairman David Muir dismissed Jogendra’s complaint. The ruling sparked another HRTO complaint against the human rights body itself and Muir. Earlier this year, HRTO member Pamela Chapman dismissed that application, but the matter proceeded in the Superior Court over the appointment of a disinterested person.

But now Superior Court Justice Duncan Grace has rejected that application. “A bare allegation of misconduct against a tribunal does not disqualify all of its members from acting,” Duncan wrote. “There must be an evidentiary foundation which breathes life into the assertion: gives it substance. . . . Mr. Jogendra has failed to satisfy me that he has a ‘cause’ which extends to the tribunal itself or to all of its members.”

Grace also dismissed Jogendra’s assertions that Chapman shouldn’t have gone ahead and issued her ruling while the court matter was pending. “There have been circumstances justifying criticism of a party’s decision to act in the face of a pending proceeding and in an order setting aside actions circumventing the exercise of the court’s jurisdiction. This is not such a case,” he wrote, adding the HRTO was “at liberty to continue with its process in the absence of an order preventing it from doing so.”

The court will now consider the issue of costs.

Canada

Ont. court to hear appeal of prostitution ruling, Toronto Star
Calgary police under investigation over man's death, The Globe and Mail
Father arrested after son fatally shot in home invasion, The Chronicle Herald
United States

3 former traders guilty on insider charges, Reuters

Court to decide validity of gay's judge's Prop. 8 ruling, Los Angeles Times
International

4 convicted in pedophile ring, BBC News
33 Bahrainis in military court, Reuters

Going up!

The firm officially opened its new space on the 60th floor of the Toronto office tower last night after vacating its old digs on the 56th floor.

“We’re very excited about the move,” says Samuel Schwartz, managing partner of the Toronto office.

He says Davis was bursting at the seams in First Canadian Place with only a partial floor to its name. Now with the entire 60th floor and part of the 59th floor too, it has the room to carry out a planned expansion, as the firm increases its focus on Toronto.

“We’re experiencing significant growth,” says Schwartz. “Eventually we’re going to have an office here that looks similar in size to Vancouver.” Vancouver is Davis’ largest Canadian office, with around 100 lawyers, compared with a Toronto total in the 40s.

While most Canadian firms are looking west for growth, the western-based Davis is making the opposite move. “I think we bring a different way of thinking,” says Edmonton-based national managing partner Robert Seidel.

And while competition in Canada’s financial centre is tough, Seidel says he’s confident. “We’re not going to come here and push the Seven Sisters off the puck,” he says. “But what we’ve got to do is see where the puck is going.”