Posts filtered by tags: Law & Society[x]


Transgenderism Prevails Over Whatcott’s Truth

When Toby’s Act (Bill 33) passed in Ontario in 2012, the jurisdiction became the first in Canada to explicitly add gender identity to the Ontario Human Rights Code. Ontario’s Human Rights Commission had previously taken the position that gender identity was still a protected ground under the Ontario Code based on the ban against sex discrimination, and the Human Rights Tribunal agreed with this interpretation in several cases, including in Hogan v. Ontario (Health and Long-Term Care). In this 20...
Tags: Supreme Court, Law, Court, European Union, Canada, Quebec, Tribunal, Saskatoon, Ontario, Ontario Health, Hogan, Supreme Court of Canada, Law Society, Toby, Trinity Western University, Respondent

Password Unprotected

The Law Society of British Columbia Hearing Panel found professional misconduct by a real estate attorney The Law Society issued a citation against Amarjit Singh Dhindsa (the “Respondent”) on November 1, 2017. The citation contained two allegations of misconduct. The... [Author: Legal Profession Prof]
Tags: Law, Law Society, Legal Profession Prof, Bar Discipline & Process, Law Society of British Columbia Hearing Panel, Amarjit Singh Dhindsa

What Should LSBC’s Futures Task Force and LSO’s Technology Task Force Do?

The Law Society of British Columbia’s E-Brief for January 2019 states that LSBC has established a Futures Task Force: “… to look at the future of the legal profession and legal regulation in British Columbia. The task force is expected to identify anticipated changes that may improve or disrupt the future market for legal services, consider and evaluate the factors and forces driving those changes, as well as make recommendations to the Benchers regarding the implications and how the Law Society...
Tags: Facebook, Justice, Law, California, Toronto, Canada, British Columbia, University of Toronto, Cabinet, Liz, Ontario, Mark Zukerberg, Grant Thornton, Law Society, LSO, R

The Cost of Becoming a Lawyer

The Law Students Society of Ontario (the “LSSO”) recently surveyed Ontario law students to better understand the debt load experienced by them and its effect on them. The provides important insights into the effects of increased law school tuition costs. The LSSO Report has been well received and rightly so. However, the point of this column is not just to laud the report but to engage with it and its observations. In order to seriously address the observations in the LSSO Report, it is necess...
Tags: England, Law, Australia, Canada, NCA, University of Toronto, Legal Ethics, Columbia, Ottawa, Ontario, Windsor, Deans, Supreme Court of Canada, Statistics Canada, Law Society, Thunder Bay

Canada’s Law Societies Need a National Civil Service

This post summarizes a full-text article with the same title on the SSRN, and refers to Fasken InHouse. The Law Society of Ontario (LSO) is to have a bencher[1] election on April 30, 2019. We should vote only for those candidates that present solutions to the access to justice-unaffordable legal services problem (the “A2J problem”). Governments are now reacting without law societies. Benchers have to be something more than the present part-time amateurs who bring to the job only the expertise of...
Tags: England, Justice, Law, Wales, Toronto, Canada, Department Of Justice, British Columbia, Ontario, Martin, Supra, Statistics Canada, Monaghan, Law Society, Ontario Court of Appeal, LSO

Former high-flying lawyer at top firm fined for sexual harassment

A former partner at a high-profile New Zealand law firm has been censured and fined by the Law Society following an investigation into his sexual harassment of two employee.The partner, who's name is redacted from the lawyers standards... [Author: [email protected]]
Tags: Business, New Zealand, Law Society

Tweeting Student Gets Attorney Reprimanded

The Law Society of Upper Canada Tribunal Hearing Division has reprimanded an attorney for failing to supervise a tweeting articling student This is an application by the Law Society for a determination that the respondent Marco Forte (the “Lawyer”) committed... [Author: Legal Profession Prof]
Tags: Law, Law Society, Legal Profession Prof, Bar Discipline & Process, Marco Forte

What Is the Mandate of the Law Society?

The Law Society of Ontario has a duty to maintain and advance the cause of justice and the rule of law[1]. Does that mean that the Law Society is empowered to intervene in private litigation in order to advance the cause of justice? Is the Law Society is entitled to involve itself in judicial review cases where it is alleged that another administrative body has acted outside of its jurisdiction, or for improper purposes, in breach of the rule of law principle? The Law Society has a duty to act s...
Tags: Justice, Law, Society, Green, Canada, Court of appeal, Lgbtq, Legal Ethics, Ontario, Dunsmuir, Legislature, United Way, Blair, Ontario Health, Regina, Supreme Court of Canada

Looking Ahead…if Only!

I never make “New Year’s resolutions” — I’m too old to think that they will come to fruition — but I have decided to identify five “wishes’ I have for Ontario and Canada more broadly in 2019: 1. stop all the studies and take action re A2J; 2. provide lessons to the premier about what the rule of law means; 3. allow advance directives for medically assisted deaths; 4. don’t diminish existing protection for children and youth; 5. revise the new Law Society of Ontario logo without too much delay. ...
Tags: Law, Miscellaneous, Canada, Bill, Ontario, Law Society, LSO, Doug Ferguson, Law Commission of Ontario, Law Society of Ontario, Downtown Legal Services, Provincial Advocate

The Gloomy Future of Access to Family Justice in British Columbia: Outcomes of the Law Society’s 2018 Annual General Meeting

In December 2014, the Benchers of the Law Society of British Columbia unanimously agreed to act on the recommendations of its and pursue “an amendment to the Legal Profession Act authorizing it to establish and regulate new classes of legal service providers in order to address unmet and underserved legal needs.” The creation of this task force stemmed from the recommendations of the Legal Services Providers Task Force the previous year, which found that “to address unmet and underserved legal...
Tags: Law, British Columbia, Columbia, Agm, Law Society, Gordon Campbell, Practice Of Law, Justice Issues, National Action Committee, Legal Services Providers Task Force, Alternate Legal Services Providers Task Force, Society of Notaries Public, BC Branch of the Canadian Bar Association

Law Society Accountability for the Access to Justice Problem

[See the full text article for this summary on the SSRN, using the same title] Law societies are not trying to solve the A2J problem, but instead provide “alternative legal services”[1] that merely help that majority of the population that cannot afford legal services learn to live with the problem . That is inevitable because of the operative concept of a bencher[2] and the institutional culture of our law societies, i.e., they do only that which is compatible with that concept and with what t...
Tags: Justice, Law, Toronto, Canada, Alberta, Cabinet, Ontario, Law Society, LSO, LegalZoom, Monahan, Lao, Practice Of Law, Upper Canada, Christopher Moore, Law Society of Upper Canada

‘Real Lawyers Have Blogs’ gives thanks on its 15th birthday – Thanksgiving Day

Fifteen years ago today, I published my first post on this blog, ‘Real Lawyers Have Blogs’ which I call ‘Real Lawyers,’ for short these days. I had no idea what a blog was. I was interested in finding out what a web based service named TypePad was all about — something I came to understand later to be a web-based blog platform. I had read they expected to have 10,000 paying users within 90 days of their launch – those were AOL numbers in my mind.  I swiped my credit card for $4.95 a month and...
Tags: Europe, UK, London, Law, Aol, States, Lexblog, Tim Stanley, Tim, Law Society, Soby Mathew

Law Society warns duty solicitors could become extinct

A shortage of new solicitors could lead to miscarriages of justice, the Law Society warns.
Tags: News, Law Society

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. The Factum 2. Eva Chan 3. Condo Adviser 4. Legal Sourcery 5. University of Alberta Faculty of Law Blog The Factum New service for clients with financial security issues Effective October 3...
Tags: Law, Canada, Saskatchewan, Expeditionary Force, Law Society, Monday’s Mix, Legal Services Society, University of Alberta Faculty of Law Blog, University of Alberta Faculty, Legal Sourcery, Eva Chan, Healthcare System, Eva Chan Twitter Tricks and Treats, Havré Belgium

To London and beyond

A snappy 10 hour flight yesterday and I was back in Seattle from London where I attended the Legal Geek Law Tech Conference, met with law firms and introduced LexBlog to The Law Society. I said it last year, and this next year I’ll follow through on it — that being to get to London, regularly, to expand LexBlog’s international reach and influence. It’s important not only for LexBlog to expand markets globally, but for LexBlog to evangelize the cause of legal blogging, worldwide, for both the...
Tags: Europe, UK, London, Law, Victoria, Seattle, Legal Marketing, Albert, Law Society, UK Spain Norway Switzerland Singapore

At Whose Expense? the Intolerable Human Cost of Articling

We know that there is significant discrimination and abuse in articling. We’ve heard the stories and we have the stats too. To cite just a small amount of recent information we have in Ontario: Over 100 articling students responding to a 2017 Law Society reported unwelcome comments or conduct related to personal characteristics (age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status, gender identity, gender expression, sex an...
Tags: Law, Canada, NCA, Legal Ethics, Ontario, Law Society, LSO, Adam Dodek, DHC, Noel Semple, Malcolm Mercer, Daniel Fish, Paul Saguil

Does Civility Matter?

I once wrote an article titled “Does Civility Matter?” I don’t regret the article, but I regret the title. I regret it because it suggests that I oppose civility as an ambition or virtue of the good lawyer. I don’t. My point (developed further in a more aptly titled 2012 paper) was rather that when law societies regulate lawyer civility they either regulate something they shouldn’t (politeness) or they regulate something they should but in the wrong way (treating ethical violations generically a...
Tags: Supreme Court, Law, Court, Congo, Price, Legal Ethics, Aristotle, Law Society, Waldron, Leopold, Sheppard, Hochschild, Lundbeck, Adam Hochschild, Joe Groia, Law Society Appeal Panel

Proceeding Expeditiously

The Law Society of Upper Canada Hearing Division Tribunal has denied a motion to dismiss or delay proceedings pending a related civil action The Law Society alleges that lawyer Maria Marusic misappropriated or assisted in misappropriating over $1 million when... [Author: Legal Profession Prof]
Tags: Law, Law Society, Legal Profession Prof, Bar Discipline & Process, Maria Marusic

The Bencher From Amazon?

For generations, Canadian lawyers have been regulated themselves. Law Societies, with elected lawyer benchers and, more recently, with appointed lay benchers, have governed the legal profession. We refer to this as professional self-regulation. It is increasingly recognized that legal needs are not fully satisfied by lawyers. Some legal needs are satisfied by others. Some legal needs are not satisfied at all. It is now understood that access to justice is an important and difficult policy challe...
Tags: Amazon, England, Law, Wales, Canada, Legal Ethics, Ontario, Regina, Law Society, Said, OCA, Lawrie, LAWPRO Magazine, Law Society of Upper Canada, Law Society of Ontario, Legal Services Board

Public Interest Regulation: Governance Reform at the Law Society of Ontario

The Law Society of Ontario (LSO) has launched a call for comments on potential governance reforms. Reform is long overdue. The governance of the LSO is archaic and in no way approximates the structure of a modern, effective board. To its credit, the LSO appears to recognize the problem and is attempting to move towards modernizing its governance. There are currently 90 members of “Convocation” – the archaic name for what is supposed to be a Board of Directors at the LSO. These 90 consist of 45 e...
Tags: Law, Canada, Ontario, Board, Task Force, Law Society, LSO, UK Australia, Jordan Furlong, Practice Of Law, LSUC, Alice Woolley, Law Society of Ontario LSO, Carol Hansell, Hansell Report, Alberta Teachers Association

Manders Law implements Eclipse’s Compact Practice Management System to enhance client care

New city based start-up Manders Law, a high net worth family law specialist is implementing the Compact Practice Management system from Eclipse, the Law Society’s sole Endorsed legal software provider. Manders Law was established in 2018 by leading family law specialist Mary-Ann Read more…
Tags: Seo, Law Society, News Trends, Manders Law, Mary Ann Read

Bridges Over the Chasm: Licensing Design and the Abolition of Articling

What should people who want to practice law have to do before they are licensed? This perennial debate has bloomed once again. The Law Society of Ontario (LSO) is seeking feedback on its Options for Lawyer Licensing consultation (Slaw summary here). Two of the LSO’s four options would abolish articling. Candidates would instead have to pass exams covering both legal skills and substantive knowledge. There would also be a law practice program, either required for all candidates (LSO’s Option 4...
Tags: UK, England, Law, Australia, Canada, United States, Quebec, Legal Ethics, Ontario, Law Society, LSO, National Committee, Malcolm Mercer, LPP, Law Society of Ontario LSO

Judicial Review Properly Initiated at Divisional Court

The first stop in the lawsuit against the Statement of Principles concluded this month, with the Ontario Superior Court of Justice upholding a motion by the law society to transfer the matter to the Divisional Court. The Amended Application in this matter disposed of the injunctive relief originally sought, and instead seeks a number of declarations, including an interpretation and content of what the Statement of Principles obligation means, that the requirements are ultra vires the Law Society...
Tags: England, Law, Ontario, Superior Court, Law Society, Favreau, Ontario Superior Court of Justice, Durham Regional Police Service, Danson, Superior Court of Justice, Education & Training: CLE/PD, Substantive Law: Judicial Decisions, Divisional Court, Groia, Trinity Western, Greater Vancouver Transportation Authority

Regulating Lawyer-Client Sex

In Canada we allow lawyers to have sex with their clients. Or, to be precise: we do not prohibit lawyers from having sex with their clients. Canadian law societies do regulate lawyer-client sex in a limited way. Almost all law societies prohibit sexual harassment.[1] And most law societies also identify lawyer-client sex as potentially creating conflicts of interest. They identify sexual relationships with clients as the sort of thing that may “conflict with the lawyer’s duty to provide objectiv...
Tags: Law, Canada, Newfoundland, Alberta, Aba, Legal Ethics, Ontario, Hunter, Federation, Law Society, R, COMM, Law Society of Upper Canada, American Bar Association ABA, FLS, NLCA

Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (May 12 – June 21, 2018 inclusive). Appeals Administrative/Aboriginal Law: Discrimination; Standard of Review Canada (Canadian Human Rights...
Tags: Justice, Law, Israel, Canada, Court of appeal, British Columbia, Wall, Tribunal, Ontario, Abella, Cain, Stephan, Sony Corporation, Law Society, Rowe, SCC

Preliminary Thoughts on Green, Groia and TWU

In the last thirty years, Law Societies have been parties before the Supreme Court of Canada in thirteen cases according to CanLII[i] [ii]. Four of these cases have been decided in the last fifteen months[iii]. While others will delve more deeply into this recent jurisprudence, it is interesting to take a preliminary look at the way that the Court has understood the role, responsibility and jurisdiction of the Law Societies. It is noteworthy that the court has been divided in each of these four ...
Tags: Law, Time, Court, Society, Green, Canada, New Brunswick, British Columbia, Legal Ethics, Black, Alice, Ontario, Dunsmuir, Brown, Ryan, Edwards

Very Very

An uncivil Canadian? Prince Albert Now has this report on recent discipline imposed by the Saskatchewan Law Society. Interactions with a Crown prosecutor have landed a Prince Albert defence lawyer a hefty fine. The Law Society launched an investigation into... [Author: Legal Profession Prof]
Tags: Law, Albert, Law Society, Legal Profession Prof, Bar Discipline & Process, Albert Now, Saskatchewan Law Society Interactions

“A Trial Is Not a Tea Party,” Is What They Will Say

You can expect to hear, “A trial is not a tea party,” from a lawyer on the other side, sometime in the near future. That lawyer will likely be acting in an obstinate, demeaning, impolite, or even aggressive manner, and this quip will come quickly in defence of their conduct. The reason I can predict this with absolute certainty is the  recent    Supreme Court’s decision in  Groia v. Law Society of Upper Canada,  released this week, which evaluated the law society’s discipline hearing decision...
Tags: Supreme Court, Law, Immigration, Court, Toronto, Canada, New Brunswick, Court of appeal, Ontario, Dunsmuir, Brown, Supreme Court of Canada, Cote, Law Society, Rowe, Substantive Law: Judicial Decisions

The Future of Lawyer Licensing in Ontario – Consultation on Four Options

On May 24, 2018, the Law Society of Ontario released a consultation paper to launch the second phase of its comprehensive analysis of the lawyer licensing process. Developed by the Professional Development and Competence Committee, the document outlines possible options for a long-term appropriate and sustainable licensing system for lawyer licensing candidates in Ontario. The consultation paper follows last year’s Dialogue on Licensing, which looked at the realities, challenges and opportunitie...
Tags: Law, Committee, Ontario, Law Society, Practice Of Law, Practice of Law: Future of Practice, Peter Wardle Bencher, Law Society of Ontario, Professional Development and Competence Committee

Upper Canada Law Society Must Accommodate Freeze Response

A failure to cooperate with a Law Society of Upper Canada investigation charge has been dismissed in light of circumstances. The Tribunal Hearing Division essentially faulted the Law Society for failure to accommodate a disability that impaired the attorney 's... [Author: Legal Profession Prof]
Tags: Law, Law Society, Legal Profession Prof, Bar Discipline & Process, Law Society of Upper Canada, Tribunal Hearing Division