Posts filtered by tags: Law Society of British Columbia[x]


Regulatory Innovation With a Legal Tech Sandbox

On April 22, 2021, the Law Society of Ontario approved a “Regulatory Sandbox for Innovative Technological Legal Services”, a five-year pilot project through which non-licensee providers will be given the LSO’s blessing to provide “innovative technological legal services” directly to consumers, under the LSO’s supervision. The sandbox was recommended by the LSO’s Technology Task Force in its report released on April 13, 2021. The sandbox is currently slated to launch in October 2021. The proposed...
Tags: Utah, Law, Chicago, Canada, Legal Ethics, Ontario, Task Force, Advisory Council, California Florida, Law Society, LSO, Utah Supreme Court, Canada Ontario, Edward Elgar, Noel Semple, Law Society of British Columbia

You Jump, I Jump: The Perils of Over-Identifying With a Client

Over-identifying with a client can impair objective representation. The Law Society of British Columbia’s “Common-sense Guidelines for Family Law Lawyers” includes nine “Best Practice Guidelines for Lawyers Practicing Family Law”. The second one is that “lawyers should strive to remain objective at all times” and should not “over-identify with clients or be unduly influenced by the emotions of the moment.” In the midst of doing some research recently, I did a search on CanLII of professional mis...
Tags: Law, Canada, Fidelity, Princeton University Press, Princeton, Legal Ethics, Ross, Magee, Edwards, Abella, Supreme Court of Canada, Marchand, Bassett, Law Society, Arbour, Oxford University Press

The Washington January 6, 2021 Insurrection, and Racism in Canada

The riotous insurrection at the Washington Capitol building on January 6th is a good example of this truth: “The strength of a nation’s rights, freedoms and rule of law lies not in its Constitution but in its politics.” On January 27, 2021, the U.S. Department or Homeland Security issued a “National Terrorism Advisory System (NTAS) Bulletin,” warning of, “a heightened threat environment across the United States,” and, “violent riots have continued in recent days,” and, “ideologically-motivated a...
Tags: Japan, Law, France, China, Russia, Toronto, America, Canada, United States, House Of Commons, Homeland Security, Vancouver, Parliament, North America, Montreal, Biden

New Frontier of Legal Innovation – Regulatory Legal Innovation Sandboxes

2020 has seen an adoption of legal technology and legal innovation, however, one of the more surprising developments are legal regulatory sandboxes, introduced first in the state of Utah in the United States and now in Canada, by the Law Society of British Columbia. The regulatory sandbox model allows for the experimentation of new alternative business models, including non-lawyer ownership and fee sharing, in a controlled environment under the regulator’s supervision. The Utah Supreme Court two...
Tags: Utah, UK, Supreme Court, Law, Canada, United States, Arizona, North America, Legal Technology, Ontario, Morrison, Arizona Supreme Court, Law Society, Utah Supreme Court, Law Society of British Columbia, Law Society of Ontario

The Paradigm Shift of Regulatory Sandboxes

Earlier this fall, the Law Society of British Columbia made headlines when it announced the creation of an “Innovation Sandbox” that would allow unauthorized providers of legal services to deliver those services in BC on a pilot-project basis while the regulator assesses their reliability and effectiveness. From The Lawyer’s Daily: Proposals to enter the innovation sandbox must include a summary of the services that the provider is proposing to pilot, who are expected to be clients, how the serv...
Tags: Law, California, Washington, Canada, North America, Ontario, Practice Of Law, Law Society of British Columbia, Trudi Brown, Supreme Court of Washington, LSBC, Paradigm Shift of Regulatory Sandboxes, LSBC Sandbox, State Bar of Utah, Utah Sandbox

Dissecting the Majority and Dissenting Opinions in Fraser

The Supreme Court of Canada’s recent decision in Fraser v. Canada (Attorney General) (“Fraser”) illustrates the fissures on the Court in the judges’ approaches to equality undersection 15(1) of the Canadian Charter of Rights and Freedoms. Although there are also other factors explaining the differences in the majority and dissenting opinions, here I discuss three that are somewhat distinct from the facts of the case: the nature of “equality” under section 15(1); the interrelationship between the...
Tags: Law, Court, Canada, Court of appeal, Parliament, Federal Court, Brown, McIntyre, RCMP, Abella, Andrews, Supreme Court of Canada, Cote, Fraser, Rowe, Royal Commission

Is Former SCC Chief Justice McLachlin’s Action Committee and Leadership of the A2J Agencies Avoiding the Major Issues? [Part 2 of 2 Parts]

[The content of this article is closely related to five of my previous posts on Slaw , dated: July 25, 2019 ; April 9, 2020 ; May 29, 2020 ; August 6, 2020 ; and, October 22, 2020 . See also the full text on the SSRN .] Part 1 presented the proposition that the great amount of “emergency relief-type” activity and literature that has been produced by the many access to justice agencies (A2J agencies) in relation to the “A2J problem” of unaffordable lawyers’ services,...
Tags: Justice, Law, Court, Canada, Department Of Justice, University of Toronto, Stanford University, Ontario, Toronto Star, Supreme Court of Canada, Statistics Canada, Law Society, LSO, R, SCC, Monahan

Law Societies’ “Bencher Burden” Causes the Access to Justice Problem

[See the full text of this article on the SSRN. It is related to my three previous posts on Slaw, dated: July 25, 2019; April 9, 2020; and, May 29, 2020.] Bigger law firms are now providing an example of the solution to the access to justice problem (the A2J problem) that is the unaffordability of legal services for the majority of society that is middle- and lower-income people. Richard Susskind, (with son Daniel), in, The Future of the Professions (Oxford University Press, 2015) states (at p. ...
Tags: Law, Canada, Columbia, Ontario, Daniel, Richard Susskind, Moore, LSO, LegalZoom, Oxford University Press OUP, Lao, Practice Of Law, Christopher Moore, Law Society of Upper Canada, University of Toronto Press, Law Society of British Columbia

Mired in Conflict? Me Deciding Whether You Can Compete With Me

Does it make sense that lawyers elected by lawyers should effectively decide the permitted scope of practice of paralegals with whom they do or would compete for work? Does it make sense that lawyers and paralegals elected by their peers should decide what legal services can only be provided by lawyers and paralegals and thereby maintain their monopoly?[1] On the other hand, does it make sense that elected lawyers and paralegals should decide what education and training is appropriate for licens...
Tags: England, Law, Wales, New York City, Society, Canada, Bill, Quebec, British Columbia, Alberta, Legal Ethics, Saskatchewan, Ontario, Manitoba, PSC, Law Society

From Discrimination to Systemic Racism: Understanding Societal Construction

INTRODUCTION Recently RCMP Commissioner Brenda Lucki admitted she really didn’t understand the term “systemic racism” and later showed she was correct when she provided an old and obvious example of indirect discrimination as an example of systemic racism. Here I explore the evolution from discrimination to systemic discrimination to systemic racism and why they are different, although related. There’s a lot of talk now about systemic or structural racism: how widespread it is and why it needs t...
Tags: Europe, England, Supreme Court, Law, Minneapolis, Canada, United States, Commission, Quebec, Edward, Black, Cornell University, Alley, Ontario, McIntyre, RCMP

The Constitutionality of Interprovincial Boundary Closures (Part II)

INTRODUCTION In my post last week, I blogged the background to an analysis of constitutional challenges to interprovincial border closures. I briefly referred to the Supreme Court of Canada’s decision in Comeau, which considered the constitutionality of barriers to interprovincial trade represented by section 134 of the New Brunswick Liquor Control Act limitations on the amount of liquor and beer that someone could bring into New Brunswick from another province. I also set out some of the border...
Tags: Law, Court, US, First Nations, Canada, New Brunswick, Newfoundland, Nova Scotia, Bill, Quebec, British Columbia, Alberta, Columbia, Rand, Nb, Saskatchewan

A Proposal to Replace Ontario’s Evidence Act With an Evidence Code

In September, 2019, I responded to the Law Commission of Ontario’s request for law reform project suggestions, with the following Evidence Code proposal. It contains reasons why you should send your written support to the LCO. The LCO will respond to such submissions early in 2020. Every Canadian common law jurisdiction’s Evidence Act should now be replaced with a true Evidence Code. The work to replace Ontario’s Evidence Act with a true Evidence Code is much more than half completed, because in...
Tags: Law, California, Canada, States, Department Of Justice, Thomson Reuters, Ontario, State, Supreme Court of Canada, Ontario Superior Court of Justice, SCC, Dickson, LRCC, Practice Of Law, SSRN, Law Reform Commission of Canada

Religion and the Law: “Respect” or Denial?

In Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, the Ontario Court of Appeal sought to reconcile the religious views of doctors opposed to carrying out certain procedures with the rights of patients to equitable access to those procedures and to the public interest. Under Bill 21, the Quebec government seeks to deny the wearing of certain “religious” clothing in the interests of preserving a secular society. A comparison of these two situations ...
Tags: Justice, Law, College, Canada, Bill, Montreal, Quebec, Alberta, Calgary, Ontario, State, National Assembly, National Post, Ottawa Citizen, CTV News, Bussey

The Second Time Around

A Hearing Panel of the Law Society of British Columbia has imposed a second disbarment of an attorney who misappropriated estate funds. There were nine heirs all living outside Canada On or about December 20, 2013 the Respondent provided a... [Author: Legal Profession Prof]
Tags: Law, Canada, Legal Profession Prof, Bar Discipline & Process, Law Society of British Columbia

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

“Family Justice in Canada Is at a Breaking Point” Redux*

The fees charged by many family law lawyers are out of reach for even middle-income Canadians and, in some underserved areas of the country, there aren’t enough family law lawyers to meet the needs of even those who can afford their services. As a result, an enormous number of people are entering the court system without the benefit of counsel, some by choice but most by necessity. However, the court system is difficult to navigate, even for those with an advanced education. Further layers of co...
Tags: Law, Canada, Nova Scotia, Bill, British Columbia, Alberta, CBA, Columbia, Ontario, Peters, McCarthy Tetrault, Justice Issues, Canadian Research Institute for Law, National Self, Julie Macfarlane, Law Society of British Columbia

The Walter Owen Book Prize Is Now Accepting Submissions

The Walter Owen Book Prize, awarded by the Canadian Foundation For Legal Research, recognizes exceptional legal research and writing that contribute significantly to Canadian legal literature. The Prize, now $15,000.00, was created in celebration of the life of Walter Owen, Q.C., P.C., prominent member of the Law Society of British Columbia, former Lieutenant Governor of that province, past President of the Canadian Bar Association and founding President of what is now the Canadian Foundation Fo...
Tags: Law, Canada, Announcements, Canadian Bar Association, Law Society of British Columbia, Walter Owen, Canadian Foundation For Legal Research, Canadian Foundation For Legal Research ELIGIBILITY, Keele Street Toronto Ontario

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

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

⛰️ CanLII’s Top Ten Accessed Cases From 2018 ⛰️

Surely the winter holiday season wouldn’t be complete without the annual list of the most viewed cases from CanLII in the prior year. We’re not sure what legal information tidbit would complete other holidays, but we’re open to suggestions. Over recent years we have been averaging over 30,000 site visits per day on, and we are grateful for the ongoing support of the legal community and the trust Canadians place in us for their legal research needs. Interestingly no case released in 20...
Tags: Law, Toronto, Canada, New Brunswick, Fca, Jordan, Grant, Baker, Ontario, Dunsmuir, Carter, Lee, Talos, Abramovitz, Comeau, R

TWU or Not TWU – That Was the Question

While it is still early days, it is probably safe to say that if the Trinity Western 2018 decision[1] becomes a long-standing case of note, it will be because of its significance regarding Charter principles and not because of the role it played in the furtherance of administrative law.[2] Most of the ink (or electrons) spilled in the months and years leading up to the recent Supreme Court of Canada decision was not because Canadians – lawyers and lay-people alike – were anticipating the latest ...
Tags: Law, College, Trinity, Nova Scotia, Quebec, British Columbia, Wall, Administrative Law, Ontario, Loyola High School, Supreme Court of Canada, Rowe, SCC, CTV News, Trinity Western University, Highwood

Beyond Description

The Law Society of British Columbia suspended an attorney for 90 days for conduct that amounted to misappropriation The Panel begins with an appreciation that the state of the financial records of the Respondent at all material times was beyond... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, Law Society of British Columbia

Canada: Society Of Notaries Public Of British Columbia v. Law Society Of British Columbia: Affirming The Limits To The Legislated Authority Of Notaries To Draft Wills - Alexander Holburn Beaudin + Lang LLP

In the fairly recent appellate court decision, Society of Notaries Public of British Columbia v. Law Society of British Columbia, 2017 BCCA 448, BC's highest court was faced with the question
Tags: News, Canada, Law Society of British Columbia, Society Of Notaries Public Of British Columbia

The Threat of Creeping Charterism

Far-right American groups tout the threat of “creeping sharia.” Comparable groups in Canada appear to be warning of a threat of a different kind, of the influence of the Charter in Canadian society. If this seems puzzling, you’re not alone. The Charter is part of the Canadian constitution, arguably the most important legal document in our entire system. And yet, it becomes a convenient scapegoat when courts make decisions that some aspects of society disagree with. What I’m talking about is Prof...
Tags: Supreme Court, Law, Court, Canada, Nova Scotia, Edwards, National Post, Loyola, Clement, Trinity Western University, TWU, Robert Borden, Substantive Law: Judicial Decisions, Law Society of Upper Canada, Law Society of British Columbia, Pardy

Possibilities Under a Non-Lawyer AG in Ontario

Although it may seem as an inconsistency, the Attorney General in Ontario need not be an attorney in that jurisdiction. With the announcement of Caroline Mulroney as the AG in Ontario this week, this possibility is now a reality. Ms. Mulroney holds an American law degree and was licensed in New York State, but is not a licensee in Ontario. The validity of a lawyer functioning in this role was resolved several years ago in Askin v. Law Society of British Columbia, which Adam Dodek summarized on S...
Tags: Law, Canada, Cabinet, New York State, Ontario, Martin, Andrew Martin, Executive Council, AG, Askin, R, Adam Dodek, Dodek, Khadr, Justice Issues, Law Society of British Columbia

Two Disbarred In British Columbia

The Law Society of British Columbia has disbarred two attorneys for misappropriation of entrusted funds in unrelated matters. One matter involved a fee for the administration of the estate of a deceased whose relatives were in Italy. In May 2009,... [Author: Legal Profession Prof]
Tags: Law, Italy, British Columbia, Legal Profession Prof, Bar Discipline & Process, Law Society of British Columbia

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

Canada: A Win For Equality Rights: Trinity Western v. LSUC - Stikeman Elliott LLP

On June 15, 2018, the Supreme Court of Canada delivered its highly anticipated decisions in Trinity Western University, et al. v. Law Society of Upper Canada, and Law Society of British Columbia v. Trinity Western.
Tags: News, Canada, Supreme Court of Canada, Law Society of British Columbia, Trinity Western, LSUC Stikeman Elliott LLP

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Abramovitz v. Lee, 2018 ONSC 3684 [27] I accept and find that Mr Abramovitz lost a unique and prestigious educational opportunity, one that would have advanced his career as a professional clarinetist. It is difficult to quantify such a loss. Mr Abramovitz’s life and career have continue...
Tags: Law, Elle, Piazza, Abramovitz, R, Trinity Western University, TWU, Quansah, Wednesday: What's Hot on CanLII, Law Society of Upper Canada, Gilad, Trinity Western University TWU, Law Society of British Columbia, LSUC, Supreme Court of British Columbia, Ontario Divisional Court

The Unrealized Potential of Courthouse Libraries

I’ve never had anything but the highest respect, admiration and regard for my colleagues in courthouse libraries; and, if I have any regrets about my career, one of them is that I never had the opportunity to work in a courthouse or law society library. Of all librarians, it is they who, through a network of almost 200 county courthouse libraries in Canada, remain closest to the practising legal profession. Private law librarians (ie, law firm librarians) are closely attuned to the practice in t...
Tags: Law, Canada, Newfoundland, Nova Scotia, Victoria, Halifax, British Columbia, Edward, Alberta, Columbia, Ontario, Manitoba, CPD, Westlaw, Law Society, Hein