Canada

N.B. judge rejects man's plea to wear dog collar, Telegraph-Journal

Que. court to decide fate of dogs seized from kennel, CTV News

Harper to introduce controversial crimes laws early on, The Gazette

United States

Mont. court approves $43M asbestos settlement: newspapers, Reuters

Appeals court to hear Ark. desegregation case, Washington Post

International

Madagascar to arrest exiled president if he returns, Reuters

Kenyan man charged in British couple's murder, abduction, Reuters

Justice system players are better placed than ever to prevent wrongful convictions, according to a new report released this week.

The report, prepared by the federal/provincial/territorial heads of prosecutions committee, was a followup to its 2005 look at the issue of prevention of miscarriages of justice.

“There has been a phenomenal level of educational activity among police and prosecutors about the causes of wrongful convictions. Today there is a higher level of awareness than ever before among Canadian police and prosecutors about the causes of wrongful convictions and what can be done to prevent them,” reads the update. “Education about the phenomenon of miscarriages of justice is now a staple of training for rookie and senior officers and prosecutors alike.”

But the authors — senior prosecutors and police officers from across Canada — sounded a cautionary note about “an era of fiscal restraint and new pressures on the justice system.”

“There is a danger that this promising new level of activity will inevitably diminish. Thus, the central message of this report must be the need for continued vigilance,” says the report. “The human cost of one wrongful conviction cannot be tolerated. Our society cannot afford to let justice fail.”

The report provides updates on the most important causes identified by the 2005 report, including tunnel vision, eyewitness misidentification, false confessions, use of in-custody informers, and inappropriate use of forensic evidence and expert testimony.

“It serves as a learning tool and a great resource to our organizations and law enforcement agencies to ensure compliance with the recommendations,” said Brian Saunders, Canada’s director of public prosecutions and permanent co-chairman of the committee that wrote the report.

The committee has no plans for another comprehensive review but will continue to monitor police and prosecution activities.

Canada

Judge stays all charges against cocaine dealer, The Vancouver Sun

CSIS cleared of detainee abuse, The Chronicle-Herald

Courthouse assault was preventable: union, The Globe and Mail

United States

Apple settles knockoff products issue in court, Reuters

Craigslist 'sought' criminal investigation: eBay lawyer, Reuters

International

London police charge UBS trader with fraud, The Globe and Mail

Two Ugandans jailed for World Cup bombing, Reuters

A lawyer has been suspended for breaching ethical standards in September 2005 while he was acting for a couple selling their property.

The Law Society of British Columbia has suspended Gerhard Schauble of Kelowna, B.C., for four months and issued $10,000 in costs to be paid by Aug. 1, 2012.

The breach occurred when the couple had a dispute over the division of proceeds from the sale and Schauble offered to mediate. In siding with the male client, Schauble reduced his legal fees without telling the female client. He later repaid her.

According to the law society decision, Schauble “received net sale proceeds of approximately $451,390.31 on [the couple’s] behalf, but failed to provide an accurate account in writing to [the female client] of the disbursement of those funds to her, in that he failed to disclose that he had reduced the amount of legal fees payable by [the male client], contrary to Rule 3-48 of the Law Society Rules.”

He also did not get consent from the female client to act as the couple’s mediator.

The law society panel also said “a person might reasonably find it difficult to determine whether [Schauble] was acting as a lawyer or a mediator, contrary to Chapter 7, Rule 6 of the Professional Conduct Handbook.”

In addition, the panel noted this was not Schauble’s first ethical breach. According to the ruling, he “was previously cited for knowingly or intentionally misappropriating funds. On October 2, 2009 the panel hearing that citation ordered that [Schauble] be suspended for three months commencing December 1, 2009 and pay costs in the amount of $32,000.”

Update June 28, 2012: After selling his law practice, Schauble completed his suspension in early 2012 and has since returned to active practice as in-house counsel for a number of companies.

At the moment, his main focus is on a company he founded, GES Aviation. The company aims to develop electric hybrid propulsion systems that would allow smaller aircraft to take off and land in pure electric mode, and match the performance of internal combustion engines in hybrid mode.

“It’s an exciting place to be right now. We’re probably the only company in Canada right now that’s doing this,” Schauble tells Legal Feeds.

He also runs GES Group, a consulting firm with a focus on mergers and acquisitions.

Canada

N.L. man sentenced to 5 years for baby's death, CBC News

Sentencing review delayed for Alta. girl who killed family, Edmonton Journal

European court rejects Canada's seal ban challenge, CBC News

United States

N.Y. man who wanted brother at robbery trial denied appeal, Reuters

Security questions raised after Ark. man opens fire in courthouse, Reuters

International

ICC fails to prosecute worst war criminals: Human Rights Watch, Reuters

Grolsch won't have to pay $32M-euro antitrust fine, EU court rules, Reuters

I’m a big fan of taking pictures of courthouses and having been doing so whenever I see one while travelling to other parts of Canada. I thought it would be entertaining to start posting some photos of the various beautiful — and even those not-so-beautiful — courthouses from across Canada. I would also encourage readers to send in photos of the courthouses in your cities and towns to Legal Feeds and we’ll post them. If you have any you’d like to share — particularly of some of the country’s older courthouses that may be disappearing (or are already gone) — e-mail them to This e-mail address is being protected from spambots. You need JavaScript enabled to view it and I’ll start posting them. Include information on age, architects, or any other interesting tidbits you may be aware of. Let’s see how many we can catalogue on this blog.

I’ll start off with one from Nova Scotia that I took last month while visiting the province prior to the Canadian Bar Association and Canadian Corporate Counsel Association’s annual meetings.

The Annapolis County courthouse in Annapolis Royal, N.S., is one of the oldest in Canada. It was designed by Francis LeCain and built in 1837 and later enlarged. Still in use, it continues the local presence of the British-based judiciary, which dates from 1721.

The issues surrounding conflict of interest were brought to the forefront in a recent case before the Alberta Court of Queen’s Bench.

In Dow Chemical Canada Inc. v. Nova Chemicals Corp., Nova retained Osler Hoskin & Harcourt LLP and Macleod Dixon LLP. Dow initially retained Burnet Duckworth & Palmer LLP and then sought Bennett Jones LLP. The question regarding a possible conflict of interest arose after Andrew Little, then a partner at Oslers in Calgary who was responsible for representing Nova’s interests, joined Bennett Jones in Toronto.

“When I engage a lawyer to prosecute a dispute on behalf of NOVA Chemicals, I do not expect that lawyer to join our enemy’s law firm,” Nova stated in an affidavit. “It should be important that not only justice should be done, but that justice should be seen to be done.”

The court said the larger question is whether the public would be satisfied that there would be no use of confidential information.

In his judgment issued Aug. 12, Chief Justice Neil Wittmann recognized that Little was in possession of confidential information that would be prejudicial to Nova if disclosed to Bennett Jones. He found that Little signed an undertaking before joining Bennett Jones swearing to keep the details of Nova’s retainer confidential, but that alone was not sufficient.

“Perhaps the test might be better stated by suggesting that statements under oath or affirmation are an essential part of the continuance of a retainer or acceptance of a new retainer in the circumstances of a moving lawyer with prejudicial confidential information, but that alone is not enough,” said Wittmann. “Screening devices are also necessary, absent consent of the other party or parties.”

After consideration of Bennett Jones’ additional safeguards — which included all team members signing undertakings not to disclose information, making electronic files accessible only to those working on the case, and putting an ethical wall in place — and the circumstances of the case, Wittmann ruled there was no conflict of interest.

“Further, [Dow’s general counsel] stated that at the time Dow retained Bennett Jones, it was unaware that a former counsel to Nova in the litigation was a current partner in the Toronto office of Bennett Jones, that no representative of Dow has had any contact with Andrew Little with respect to Nova since he joined Bennett Jones, nor would they contact him in the future,” Wittmann said in the ruling.

On the University of Calgary Faculty of Law’s blog, professor Alice Woolley provides more detail on the case: “Specifically, Chief Justice Wittmann’s judgment provides new analysis of the principles governing what is necessary for a client to consent to a conflict in advance, how imputation rules operate in national firms, lawyers transferring between law firms, and the intersection between law society rules and judicial determinations in assessing conflicts.”

Canada

Livent co-founders' fraud convictions upheld, Reuters

Ont. couple takes wind-farm health concerns to court, CTV News

N.B. court orders new trial for man convicted of spanking, The Globe and Mail

United States

Men sue Boy Scouts over alleged child sex abuse, Reuters

Criminal probe launched against eBay employees, Reuters

International

Suspects plead guilty in Uganda bombings, Reuters

U.S. citizens' release not imminent: Iran judiciary, Reuters

Despite uncertainty in the financial markets, a report from Robert Half International in Canada indicates in-house departments and law firms will continue to be hiring in the fourth quarter with corporate law and litigation predicted to see the most growth in the next three months. Intellectual property is also expected to be strong in certain markets.

43 per cent of lawyers surveyed at law firms and corporations indicated they are likely to increase hiring in the fourth quarter of 2011.

Many law firms say they are hiring senior-level associates to meet renewed demand for their services, particularly those specializing in the hottest practice areas, according to "The Robert Half Professional Employment Report" released last week. According to the report, 43 per cent of lawyers surveyed at law firms and corporations indicated they are likely to increase hiring in the fourth quarter of 2011. Most of the hiring is expected at law firms. That is down six per cent from the third quarter when 49 per cent of lawyers indicated they planned to increase staff levels.

Among the 150 lawyers surveyed for the report, 93 per cent said they are at least somewhat confident in their organizations' ability to expand in the fourth quarter.

In fact the legal sector had the largest number reporting plans to increase hiring compared to other professions such as advertising and marketing (27 per cent), sales and business development (25 per cent), information technology (24 per cent), accounting and finance (13 per cent) and human resources (11 per cent).

However, filling those positions won't be easy. Those interviewed acknowledged challenges in locating top candidates: 81 per cent said they thought it was somewhat or very challenging to recruit skilled legal professionals today.

Lawyers, law clerks, paralegals, and legal assistants are the positions in greatest demand for the fourth quarter. Lawyers cited corporate law and litigation as the areas that will experience the most growth in the next three months. In addition, intellectual property is strong in certain markets.

Increased business activity is stimulating demand for lawyers and legal support staff with experience in a broad range of matters related to general corporate and business law, states the report. A rise in legal disputes and litigation is fuelling hiring of associates, law clerks, paralegals, and legal secretaries with backgrounds in labour relations and employment, commercial litigation, and insurance defence.

An increase in patent filings and applications is prompting law firms and corporations to hire IP lawyers, patent agents and paralegals with three to five years of experience.

The quarterly report is based on more than 1,000 telephone interviews with executives from a random sample of Canadian companies across a number of industries, including 75 lawyers at law firms with 20 or more employees and 75 corporate lawyers at companies with 1,000 or more employees.

During the American Bar Association in Toronto last month a panel of in-house counsel was asked about the current state of hiring in their respective areas. Terrie-Lynne Devonish, chief counsel of AON Canada Inc., said her department is looking to hire two additional lawyers to add to the current department of two.

"I would say if you're a mid-level associate in Toronto, right now, it's not too bad a market. Most companies see the value of having in-house counsel both to manage their legal risk and their legal spend and definitely value they can see off the bottom line," said Devonish.

Compared to the U.S., the Canadian landscape looks promising for those seeking employment in the legal field. Graduates coming out of law school in the U.S. are having a tough time, said Michelle Coleman Mayes, and that has a ripple effect.

"It's kind of a crazy market and it kind of depends on what business cycle your industry is in," said Coleman Mayes, executive vice-president and general counsel with Allstate in Northbrook, Ill. "If you're at Google, they're hiring. We happen to be hiring sporadically, not aggressively, but we don't have a freeze on. We are watching our dollars and cents very closely. Our market share has been eroding but the department has been the same size for several years. I would say it is still really tentative."

Canada

Sask. judge rules surrogate not legal mother of baby, National Post

Accused G20 conspirators' preliminary hearing begins, The Globe and Mail

N.S. politician charged in spending scandal back in court, The Chronicle Herald

United States

N.Y. lawyer challenges use of dogs in courtrooms, Reuters

Importer of Chinese drywall could face more lawsuits, Reuters

International

Judge halts work on new terminal at Brazilian airport, Reuters

Lawyers for sex abuse victims urge ICC to investigate Pope, Reuters