Ontario Superior Court Justice David Brown evoked the famed editorial “Yes, Virginia, there is a Santa Claus” in launching yet another scathing attack on the backwardness of Ontario courts’ technology. This time he took aim at the court’s document management system.

Writing in Romspen Investment Corp. v. 6176666 Canada Ltée. last week, Brown doesn’t mess around diving right in at the beginning of his decision with the heading: “Just how broken is the document management system of the Superior Court of Justice?” And the bar has been buzzing about his comments since Thursday.

Paragraph 1 then is as follows:

I suppose that on a sunny, unusually warm, mid-March day one should be mellow and accept, without complaint, the systemic failures and delay of this Court's document management system.  The problem is that from the perspective of the members of the public who use this Court, delays caused by our antiquated, wholly-inadequate document management system impose unnecessary, but all too real, costs on them.  And yet the entity that operates that part of the Court's administration system – the Court Services Division of the Ministry of the Attorney General – seems completely indifferent to the unnecessary costs it is causing to the members of the public who use our Court.

Brown recounts the tale of a receiver that was seeking to introduce appraisals related to several Ottawa condo units during motions to approve the sale of some properties. With a sale set to close on Thursday, the receiver noted it had previously filed the sealed appraisals with the court. But in heading to the motion before Brown last week, the appraisals weren’t available to the court.

According to Brown, a “two-track process then unfolded.” He directed his staff to go to the office that had the sealed documents. That took an hour. In the meantime, the receiver’s counsel was able to get copies of the appraisals from her office. That also took an hour. The result, Brown noted, was added time for counsel, higher legal fees, increased costs related to the receivership, and a reduction in recovery for the creditors.

In his view, it shouldn’t have been that way. “The real solution? Consign our paper-based document management system to the scrap heap of history and equip this court with a modern, electronic document system,” he wrote.

But, of course, Brown isn’t overly optimistic about that happening any time soon. “Yes, Virginia, somewhere, someone must have created such a system, and perhaps sometime, in another decade or so, rumours of such a possibility may waft into the paper-strewn corridors of the court services division of the Ministry of the Attorney General and a slow awakening may occur.”

In response to such concerns, the ministry refers to its planned court information management system as proof that it’s on top of the issue. When exactly that’ll happen is unclear. According to a document on the project on the Canadian Centre for Court Technology’s web site, the government has big plans. User training is to begin this spring, it noted. But there’s no firm date for the subsequent phased implementation of the new system. So while Virginia got the answer she wanted so long ago, Ontario lawyers and judges may still have to wait a while yet for their gift from the government.

The Supreme Court of Canada will hear the following appeals this week:

March 19 — Alberta — Hans Jason Eastgaard v. R.

Criminal law: Hans Jason Eastgaard was convicted of possessing a loaded handgun. The issue on appeal is whether the Crown proved Eastgaard knew that the handgun he abandoned was loaded.

March 20 — Ontario — Southcott Estates Inc. v. Toronto Catholic District School Board

Commercial law: The Toronto Catholic District School Board entered into an agreement of purchase and sale with Southcott Estates Inc. for the sale of 4.78 acres of surplus land for the use of residential development. The agreement was conditional upon the school board obtaining a severance from the committee of adjustments before the closing date. For various reasons, the closing date was not met. The school board denied Southcott’s request to extend the closing date, ended the transaction, and returned its deposit. Southcott sued the school board, accusing it of breaching its obligation to obtain the severance.

March 21 — British Columbia — John Virgil Punko v. R. and Randall Richard Potts v. R.

Criminal law: John Virgil Punko and Randall Richard Potts were charged with various offences under the Criminal Code and the Controlled Drugs and Substances Act. They were acquitted of criminal organization offences because it wasn’t proven that they were committed on behalf of the Hells Angels. The appeal revolves around the definition of a criminal organization and if the East End Charter of the Hells Angels can be categorized as such, and if the offences were committed for the benefit of the Hells Angels.

March 22 — British Columbia —
Frederick Moore on behalf of Jeffrey P. Moore v. R. in Right of the Province of British Columbia as represented by the Ministry of Education and Frederick Moore on behalf of Jeffrey P. Moore v. R. in Right of the Province of British Columbia as represented by the Ministry of Education

Charter of Rights and Freedoms: Frederick Moore filed two complaints where he accused the Board of Trustees School Division No. 44 and the Ministry of Education of individual and systemic discrimination for not accommodating his son’s dyslexia. The British Columbia Human Rights Tribunal found that the respondents failed to meet the needs of his son and other disabled students.

March 23 — Federal Court — R. v. John H. Craig

Taxation: Toronto lawyer John Craig owned a horse business. The minister did not allow the losses Craig deducted in 2000 and 2001 in respect of the business and restricted him to deductions of $8,750 a year for the horse business, in accordance with s. 31 of the Income Tax Act. The dispute was whether his law practice and horse business constituted his “chief source of income” because if so, the restrictions under s. 31 would not apply. After reassessing Craig’s income tax returns, the minister confirmed the initial assessment.

At 9:45 a.m. on March 22, the SCC will release its decisions on leaves to appeal in the following cases, including a complex series relating to copyright infringement around entertainment company Cinar Corp. and some of its executives:

1. Mark Bodenstein v. R. (Ont.) (Criminal)
2. Mark Bodenstein v. R. (Ont.) (Criminal)
3. Raymond Edward Yorke v. Georgina M.E. Yorke (N.B.) (Civil)
4. Achot Nersésian v. 9036-4167 Quebec Inc. (Que.) (Civil)
5. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd. (N.B.) (Civil)
6. Théodore Lavoie v. Yves Lavoie (Que.) (Civil)
7. La Compagnie d’inspection et d’assurance chaudière et machinerie v. H.A. Simons Ltd. (Que.) (Civil)
8. Cinar Corp. v. Claude Robinson (Que.) (Civil)
9. Ronald A. Weinberg v. Les Productions Nilem Inc. (Que.) (Civil)
10. Christophe Izard v. Claude Robinson (Que.) (Civil)
11. Claude Robinson v. France Animation S.A. (Que.) (Civil)

Canada

Guilty plea expected in B.C. double murder, The Province

Man. judge denies cameras for Graham James sentencing, CBC News

Fibrek, AbitibiBowater battle heads back to Que. court, The Globe and Mail

United States

Supreme Court to release recordings in health-care cases, Reuters

Top court to weigh in on mental competency of death row inmates, Reuters

International

Libya seeks handover of Gaddafi's intelligence chief, Reuters

Brazilian court bars Chevron execs from leaving country, Reuters

Update/clarification March 19, 2012: Timothy Outerbridge, Law Officer of the B.C. Court of Appeal, tells Legal Feeds the letter from the judges was not a published open letter as originally described in the blog post below: "As described within the statement, it is an educational statement directed at the public on defining the issue of judicial independence. On the same vein, it is most certainly not in response to comments made by Minister Falcon or any other government official as has been reported in other publications.  That is simply incorrect," wrote Outerbridge on behalf of the judges of all three levels of the B.C. courts.

The top judges in British Columbia’s three courts are openly criticizing the province’s latest efforts at judicial reform.

In an open letter released March 15, B.C. Chief Justice Lance Finch, B.C. Supreme Court Chief Justice Robert Bauman, and B.C. Provincial Court Chief Judge Thomas Crabtree defended their view of judicial independence.

In the face of a severely backlogged court system, Premier Christy Clark announced last month that an extensive review of the justice system is underway.

Then when the B.C. government tabled its budget on Feb. 21, Finance Minister Kevin Falcon made a comment that seemed to irk the judges: “I respect the fact that there’s judicial independence. But you know what? The judges cannot hide behind that shield and say, ‘We have no requirement to try to do things better.’”

The judges rebuked Falcon’s statement in their letter: “Judicial independence is often misunderstood as something that is for the benefit of the judge. It is not. It is the public’s guarantee that a judge will be impartial. . . . It has been suggested that judges may use independence as a ‘shield’ against scrutiny. This is a mistaken view.

“Judges have a responsibility to protect their independence and impartiality. They do so not out of self-interest, but as an obligation they owe to the public who have entrusted them with decision-making power, and to whom they are ultimately accountable to maintain the public’s confidence.”

The judges warned against the government’s influence on the court system and maintained that certain functions should remain within judicial control.

“First, the public could not have confidence in the independence and impartiality of the courts if others, outside the judicial branch, could control or manipulate proceedings by interfering in any of these functions. A judge cannot be independent if the necessary support staff is unavailable, or is subject to the control of and accountable to others,” states the letter.

They also raised the issue of the underfunding of court resources.

“No one can predict with confidence the number of cases coming into the system at any given time, and no one can predict their complexity or the time they will require to be heard and resolved,” the letter read. “Predetermined limits on human resources by those outside the judicial system are likely to give rise to serious problems. Flexibility is necessary if changing demands for judicial and court resources are to be met.”

Canada

Top B.C. judges rebut Clark's justice-reform plan, The Globe and Mail

B.C. man gets four years for Surrey hit-and-run deaths, The Province

Experts having trouble deciding fate of Guy Turcotte, Montreal Gazette

United States

SEC, Citigroup may win appeal in fraud case, Reuters

Ford sued for allegedly hiding fuel-tank defect, Ottawa Citizen

International

Russian opposition considers jailings as warning from Putin, Reuters

Sanko Steamship initiates out-of-court settlement with creditors, Reuters 

Christopher Pinnington

Fraser Milner Casgrain LLP has been named one of Canada’s Best Employers for New Canadians in 2012.

FMC was the only law firm in Ontario recognized this year and has been awarded in each of the previous three years of the program.

The firm was recognized for its legal professional internship — a six-month paid internship program that provides professional employment experience to foreign-trained lawyers seeking Canadian employment.

“It is a great honour to be recognized as one of the Best Employers for New Canadians in 2012,” said Chris Pinnington, FMC’s chief executive officer. “At FMC, the diverse backgrounds of our team contribute to the excellence of our client service and our ability to find innovative legal solutions to the business challenges of Canadian companies. Creating a welcoming workplace environment where new Canadians can realize their talents and career aspirations is part of the firm’s long-standing commitment to diversity and inclusion.”

The firm was also recognized for its participation in the Toronto Region Immigrant Employment Council and the Calgary Region Immigrant Employment Council’s Mentoring Partnerships. As part of that program, FMC created a resume and interview workshop program involving more than 40 FMC members.

The Best Employers for New Canadians award is a part of Canada’s Top 100 Employers Project and ALLIES, a joint initiative of The Maytree Foundation and the J.W. McConnell Family Foundation. Both provide employment assistance for immigrants and employers across Canada.

Award winners are selected based on their program offerings, the steps they have taken to reduce employment barriers for recent immigrants, their work in helping new Canadians to have their credentials recognized in Canada, and their training in cross-cultural issues.

“At FMC, we embrace a cross-section of cultures, ethnicities and backgrounds that reflect our diverse community,” said Kate Broer, FMC partner and co-chairwoman of FMC’s National Diversity and Inclusion Initiative. “Diversity and inclusion are an integral part of FMC’s culture and business strategy and our involvement with these programs expands on this belief. We are committed to creating opportunities for new Canadians.”

FMC was also recognized for sponsoring the University of Toronto Faculty of Law’s Internationally Trained Lawyers Program, their partnership with the St. Stephen’s Community House Employment and Training Centre Connections Program to offer six-week unpaid cooperative placements, and FMC’s Boot Camp for Diversity and Inclusion which trains firm members on diversity and inclusion issues within the firm. FMC was also recognized for providing financial assistance to firm members who are recent immigrants to upgrade credentials or skills relevant to their roles within the firm.Forty corporations and businesses from across Canada were awarded in this year’s competition.

Canada

Accused in Stafford murder trial wanted 'younger person,' court hears, The Globe and Mail

$100M suit alleges James Cameron copied B.C. man's script, Montreal Gazette

United States

U.S. appeals court lets two Florida CVS stores sell controlled drugs, Reuters

Alabama ex-chief justice closer to reclaiming post, Reuters

International

Greek prosecutor presses charges of treason over alleged '08 plot against PM, Reuters

Turkish police use tear gas on crowds after controversial court ruling, Reuters 

Mediocrity reigns in law firm practice group performance, according to a report by legal consultants Altman Weil.

More than half the managing partners surveyed rated their firm’s practice groups performance as ‘fair’ or ‘poor.’ (Photo: Shutterstock)

The 2011 Altman Weil Practice Group Performance Survey found more than half of managing partners surveyed rated their own firm’s practice groups performance as “fair” or “poor.”

Just 49 per cent of managing partners gave their practice groups a “very good” or “excellent” performance rating, while practice group leaders got the higher ratings from 52 per cent of managing partners. The top three factors for managing partners in measuring practice group success were acquisition of new business, revenue growth, and profitability.

“The failure of practice groups to excel is a missed opportunity for otherwise highly performing firms,” says Altman Weil principal Tom Clay.

Eric Seeger, who co-authored the report, says law firms need to spend some time defining the role of practice groups in order to boost performance.

“That way, you get the right people in seats, you establish a meaningful program of accountability, and create a structure for fair evaluation,” he says. “The firms that outperform the others are the ones that are making a clear investment in the structure and capability of practice groups.”

For example, the report found an investment of at least 250 hours per year by group leaders significantly improved overall scores. However, just 14 per cent of law firms are meeting that threshold, according to the survey.

Seeger says training for practice group leaders is another critical piece of the puzzle missing at many law firms.

“The groups need to be led and managed by capable people, and they need to be given whatever help they need,” he says.

While just 42 per cent of practice groups were rated very good or excellent at generating new business, and 41 per cent achieved those ratings for cross-selling, that number jumped by around 15 per centage points for firms with mandatory group leader training. But again, a tiny minority, just 13 per cent, of firms polled have mandatory training in place.

The report was complied by polling managing partners at 855 law firms from Canada and the U.S. with 50 or more lawyers. Completed surveys were received from 81 firms.

The deadline is fast approaching to make a submission for the Association of Corporate Counsel’s Value Champions award.

It’s the first year for the program, which was created to recognize law department efforts and firm and client collaborations under the banner of the ACC Value Challenge. The deadline to submit a nomination at the ACC web site is tomorrow.

Law department leaders can be nominated (or self-nominate) for in-house team projects that did not involve a law firm or firms and law department and law firm leaders can co-nominate firm/client partnerships.

Emily Jelich, vice president and assistant general counsel with the Royal Bank of Canada says RBC has submitted nominations on behalf of firms it works with.

“At RBC we looked at it as a great opportunity to highlight some of the law firms that have been looking for interesting and new opportunities to work with in-house counsel better,” says Jelich who is also a member of the ACC’s Value Challenge steering committee. “You can nominate law firms that are trying hard to figure out what this new world looks like and how they can react differently with their in-house partners.”

Jelich says the goal of the competition is to look at how value has been defined differently.

RBC nominated one of its external firms that does a lot of work for the company and last year responded positively to the fact RBC had been looking at a number of Lean Six Sigma projects.

“They participated with us in a Lean Six Sigma initiative on how we work together. Lawyers aren’t necessarily great believers in the fact that what they do is a process and that it can be brought down to that level. We thought it was impressive the firm would be willing to do that with us and it turned out to be a great experience. It required everyone to sit down and dedicate the time to deal with it which lead to an alternative fee arrangement.”

Canada

SCC to hear jury vetting cases, The Gazette

Ont. court upholds racial profiling ruling, Toronto Star

Alta. court sides with neighbours in apartment battle, Edmonton Journal

United States

Trial set for Oracle lawsuit against Google, Reuters

Omaha approves anti-discrimination law for gays, Reuters

International

Congolese warlord found guilty in child soldiers case, Reuters

Protest erupts after Turkish court dismisses controversial case, Reuters