Lawyers are for hire, not for sale: My platform in the 2015 LSUC Bencher Election

On April 30, 2015, lawyers in Ontario will exercise their duty to elect Benchers of the Law Society.  Bencher elections have historically seen glacial changes in the complement of Convocation, the governing council of Ontario’s legal profession.  As in many elections with expected low voter turn-out, incumbent candidates tend to say little of substance and give you…

Latest articles

What if … counsel had adduced better evidence? Deguise v. Montminy showed us the ‘What if’

Last July, in Deguise v. Montminy, 2014 QCCS 2672 the Québec Superior Court had occasion to revisit these issues from in Alie v. Bertrand & Frere Construction Co. Ltd., 2002 CanLII 31835, applying the Ontario Court of Appeal decision in that 2002 case to civil law concepts relating to allocation of responsibility among insurers in complex construction and property damage cases.  Many of the rulings in the decision were specific to Québec civil law. In one aspect, however, the case provided an opportunity to test the writer’s hypothesis that the Alie court called on parties and counsel to present expert…

Abolition of the 5% PJI rule in MVA cases, prospective or retroactive?

In the past weeks, have received numerous inquiries and feedback from the bar and the bench on my Gilbertson Davis LLP litigation blog post on s. 258.3(8.1) of the Insurance Act, regarding the abolition of the special 5% rule on prejudgment interest in motor vehicle tort actions.  Many colleagues in the civil defence bar have told me they have printed it out and used it as leverage at mediations and pretrial conferences.  The plaintiff bar has, as expected, argued the opposite, but the argument against retroactivity fails because the 5% rule has always been arbitrary.  It cannot be argued that 5% is…

AlbersA21

ABCD’s of Litigation Prevention

No one, apart from litigation lawyers and patent trolls, likes litigation.  Or derives much happiness from it.  Then why do we offer ourselves to the public as litigation lawyers?  It is escape from litigation that our clients want, and these days we offer the escape only after costly proceedings and discovery.  What, then, if we started…

What is the Dollar Footprint of that 2015 Bencher Campaign Email or Flyer?

After the last Law Society Bencher election, four years ago, rumours abounded that one candidate had spent over $100,000 in campaign expenses.  This time around, there is a lot of talk about opening up the Law Society’s leadership to more diverse candidates.  The fact remains that, like any other form of politics, money plays a part in the democratic process. If you get an email from a bencher candidate, or a post card in the office mail, don’t immediately delete it or throw it in the blue bin.  First, think how much it cost to get that email or admail…

15991754744_e451dcaf92_k

Post-Mortem, CBA Futures Debate on ABS

On February 21, I participated in the panel debate on Alternative Business Structures (ABS) at the plenary CBA meetings in Ottawa, for which I had provided my preliminary speaking notes on this blog.  I left the debate feeling there is no business plan for allowing non-lawyers and corporations to share in the delivery of legal services: in…

IMG_398387051

How origins of ABS in U.K. and Australian Law differ from Canada

“Everything you want to know about ABS but are afraid to ask.”  That is the name of the panel discussion at the Mid-Winter Meeting of the Canadian Bar Association (CBA) on February 21, in which CBA has asked me to represent a skeptic’s perspective on the Alternative Business Structures (ABS) recommendations of the CBA Futures Committee.…