June 24, 2013 InForum Issue
Lawyers and members are reminded that Annual Fees are due on or before June 30, 2013 – which this year, means July 2, 2013. The Society sent out the invoices in early May. Members can pay by cheque or via online banking.
Full details are available in Schedule A: Society Fees and Assessments on the Society’s website. Schedule A also includes the specific amounts for the quarterly preauthorized withdrawal option.
The Annual Lawyer Report is now available. Practising lawyers received an email last week with their unique links for completion. This year, Annual Lawyer Reports must be filed by July 31.
As the first phase of renovations to upgrade the heating, ventilation and air conditioning systems at The Law Courts on Upper Water Street conclude, the Barristers’ Library will be moving back to its regular quarters on the seventh floor.
At this time, the move is scheduled for July 20, 2013. It is anticipated that the library will be closed from July 15 to July 26 to allow for packing, moving and unpacking the library collection. The Society regrets the unavoidable disruption to services and access to the library collection during the move.
For further updates, watch the Society’s website, InForum and follow us on Twitter @NSBS.
Please contact Library & Information Services at 425 2665, 1 866 219 1202 (toll-free) or email@example.com with any questions.
The Nova Scotia Barristers’ Society is pleased to introduce its new leadership for the coming year. J. René Gallant of Halifax assumed the position of President for 2013-2014 during the Society’s 2013 Annual Meeting.
Joining him as Officers are First Vice-President Tilly Pillay QC, also of Halifax, and Second Vice-President Jill Perry of Sydney. A new Council also began its two-year term, with eight new members starting and 10 previous members returning.
“Talk of change is everywhere, and maybe that has always been the case,” Mr. Gallant told about 130 lawyers during his President’s Address at the meeting, held June 15 at the Schulich School of Law. (See the video on the Society's YouTube channel.) “But in terms of the legal profession, talk of change has never been louder or more widespread.”
Transformation is a major theme in Council’s new Strategic Framework, which is designed to guide the Society’s activities over the next three years, he explained. The new strategic plan “calls for action and brings sharp focus to the most important work facing our profession,” with two main priorities:
- Transforming regulation and governance in the public interest; and
- Enhancing access to legal services and the justice system for all Nova Scotians.
The Society has undertaken a great deal of positive change in the past few years, he said: reducing the size of Council, streamlining operations, lowering the net practising fees, and focusing the organization much more precisely on its purpose to uphold and protect the public interest in the practice of law.
But he added: “Fundamentally, and in the face of change all around us, we haven’t really changed much in the way that we regulate lawyers.”
The advancement of technology has enabled lawyers to provide service to their clients in ways not possible even just a few years ago. It has also dramatically changed the landscape of legal services available to the public, and regulation of the legal profession has not kept pace, he suggested.
“Your clients right now have the ability to obtain legal services from someone else – not just someone in your hometown but someone in Australia, the U.K., India, the United States or even Toronto,” said Mr. Gallant.
So in the year ahead, Council will seek an outcomes-focused approach that reduces the burden of regulation while protecting the public interest, and evaluate approaches in other jurisdictions. Council also aims to promote meaningful engagement and dialogue with the legal profession and with the public.
Enhancing access to legal services and the justice system has been an important part of the Society’s work for many years, but “we are frankly not able to objectively demonstrate what difference this work is making for our profession or for the public. That needs to change if we are to maintain a credible leadership role in this area,” he said.
To read the complete President’s Address, visit the Recent presentations page. A videotape of Mr. Gallant’s address is available on the Society’s YouTube channel, along with a video of the keynote presentation by Dr. Julie Macfarlane, “Does access to justice equal access to legal services? New questions and answers from 21st century clients”.
Dr. Macfarlane, who recently released the most comprehensive study of self-represented litigants ever undertaken in Canada, is Professor of Law, University of Windsor and Professor of Practice, Kroc Institute for International Peace Studies. She also led a workshop during the professional development component of the Annual Meeting, “Pro se nation? What the self-represented (SRL) litigant phenomenon means for the private Bar.”
Other sessions addressed Aboriginal law and family law topics, professional development planning, significant developments in criminal law, ethical scenarios relating to the Code of Professional Conduct, claim prevention tips from LIANS and more.
The Society is aware that since June 1, 2013, lawyers are not being provided a Notification of E-Submission Receipt when submitting an AFR. The failure to have this document in a lawyer’s file is a breach of the regulations with respect to trust accounts pursuant to the Legal Profession Act.
The Society is actively working with Service Nova Scotia and Municipal Relations (SNSMR) to resolve this issue and will communicate with you once a solution is in place. Please be assured that the Society recognizes this is not a wilful breach.
Lawyers are encouraged to track these transactions in individual property transaction files and to verify that all fees on your E-Submission Pre-Authorized Payment Notice are accurate. Lawyers may wish to keep a copy of that Notice (as they relate to AFR fees) in the individual property transaction files as well.
This feature is available in every edition of InForum, for timely updates on changes of category.
The following members have resigned:
- Kevin Daniel Landry
- Marilyn Deborah MacNair
- Erroll Gordon Treslan
- Andrew Watt
- Kenneth Robert White
Fifty-eight new lawyers joined Nova Scotia’s legal profession in a Bar Admission Ceremony on Friday, June 7 at Pier 21 in Halifax.
The Honourable Justice M. Deborah Gass of the Nova Scotia Supreme Court Family Division was the Presiding Justice, with Society President Timothy G.J Daley QC and First Vice-President J. René Gallant serving as Presenting Officers for the proceedings.
Kenneth C. Rowe Heritage Hall became an official courtroom during the ceremony, as the candidates made their official declarations and oaths with the option of using English, French or Mi’kmaq, with two also using Korean and Afrikaans this year. They affirmed that as lawyers, they will conduct all matters faithfully, honestly and with integrity; support the Rule of Law and uphold and seek to improve the administration of justice; and abide by the ethical standards and rules governing the practice of law in Nova Scotia.
Applicants then signed the Roll of Lawyers, enabling them to officially practise law in Nova Scotia. A reception followed in the Chrysler Canada Welcome Pavilion, co-sponsored by the Canadian Bar Association - Nova Scotia.
The majority of this year’s new calls received their law degrees from the Schulich School of Law at Dalhousie University (37), while 13 graduated from law schools in New Brunswick and the rest from universities in Ontario, Quebec, Australia and England.
Many intend to remain in Nova Scotia to pursue their legal practices. Forty have employment confirmed already, including 23 in Halifax, three in Dartmouth, three on the South Shore, three in Truro and one each in Cape Breton and the Annapolis Valley, with more than a dozen heading elsewhere in Canada and internationally to practise law.
COPYRIGHT LEGISLATION AND COMMENTARY / Hughes, Roger T -- 2013 ed. -- Markham, Ont. LexisNexis Canada, 2013. [KB 159 H893C 2013]
LAW SOCIETY OF UPPER CANADA SPECIAL LECTURES 2012 : EMPLOYMENT LAW AND THE NEW WORKPLACE IN THE SOCIAL MEDIA AGE / Law Society of Upper Canada -- Toronto: Irwin Law, 2012. [KB 100 L416 2012]
THE LAW OF EQUITABLE REMEDIES / Berryman, Jeffrey -- 2d ed. -- Toronto: Irwin Law, 2013. [KB 198 B534E 2013]
CANADIAN INCOME TAX LAW / Duff, David G.; Alarie, Benjamin; Brooks, Kim; Loomer, Geoffrey; Philipps, Lisa -- 4th ed. -- Markham, Ont. LexisNexis Canada, 2012. [KB 84.I5 D855C 2012]
LAWYERS' ETHICS AND PROFESSIONAL REGULATION / Woolley, Alice; Devlin, Richard; Cotter, Brent; Law, John M -- 2d ed. -- Markham, Ont. LexisNexis Canada, 2012. [KB 265 W913 2012]
Articles older than 18 months are now freely available to download and print from the Law Society of Upper Canada's CLE collection, powered by the Great Library.
The service -- AccessCLE -- had been entirely pay-per-view since its inception in 2007 and contains over 6,000 PDF articles dating back to 2004.
The articles represent the individual presentations from CLE/CPD seminars put on by the Law Society; recent presentations continue to be added.
The 18-month window is a rolling period. Content within that window is still available but is pay-per-view.
The Nova Scotia Barristers’ Society is pleased to join other members of the Partners for Legal Education Group as recipients of the 2013 ISIS Organization/Community Group Award.
This award recognizes an organization or community group that has demonstrated exceptional and innovative efforts in welcoming immigrants to Nova Scotia, and in assisting them to successfully integrate into the community.
Partners for Legal Education provide newcomers with information about the law, the legal system and sources of legal help – they promote and support fair and easy access to the justice system for immigrants. For 10 years, Partners for Legal Education has been instrumental in developing and organizing a Legal Workshop Series for immigrants, settlement service providers, volunteers and interpreters. Participants have the opportunity to explore different aspects of Canadian/Nova Scotia laws, meet with representatives from the legal service community, and discover resources and ways to access the justice system. As well, workshop presenters gain first-hand experience working with interpreters, learn about the importance of cultural competence in their work, and gain insight into different world legal systems.
Emma Halpern, the Society’s Equity Officer, attended the award ceremony on June 19 at St. Mary’s Boat Club in Halifax, during the Annual General Meeting for ISIS (the Immigrant Settlement and Integration Service). The Society’s Racial Equity Committee and Pro Bono Students Canada have also been very supportive in assisting with the effort to deliver legal education workshops to new Canadians for the past five years.
The other Partners for Legal Education include Wendy Turner, Legal Information Society of Nova Scotia; Fiona Traynor, Dalhousie Legal Aid; Juan Carlos Canales-Leyton, Absolute Interpretation; Margo Fulmer, Nova Scotia Legal Aid; and Halifax lawyer Mirsada Stasevic.
Other award winners:
- Individual (Mohamed Hashish) Award: Marie Kettle, Coordinator of the Salvation Army Atlantic Refugee Immigrant Services (ARIS) Project, works to assist newcomers by providing information, referrals and support. ISIS routinely refers complex cases to Marie – cases of children left behind, spouses separated due to conflict, and a myriad of other complicated immigration situations.
- Employer/Business (Dick Smyth) Award: Career Access Fund Committee has been working with ISIS on a volunteer basis for three years. It has reviewed, discussed, debated and approved hundreds of Career Access Fund applications for ISIS clients struggling to become certified in their fields. They make informed and thoughtful decisions, which have a direct impact on the lives of clients. More than 400 newcomers have benefited from the Career Access Fund to become certified and gain employment in their fields.
For more details about ISIS, visit http://www.isisns.ca/.
Montreal, June 17, 2013 – The Canadian Institute for the Administration of Justice is proud to announce the appointment of Me Michèle Moreau as Executive Director starting July 1, 2013.
Me Moreau has been a member of the Quebec Bar since 1990. She became Executive Director of Pro Bono Québec in January 2009 and Director of the Centre de justice de proximité du Grand Montréal in March 2011. After graduating from University of Montreal’s Law School, she worked in private practice before becoming Assistant Director of Labour Relations Services at the University of Québec in Montréal (UQAM) for more than 10 years, which led her to teach Labour Law at the Bar School.
“We are pleased to recruit a jurist who has spent the last few years creating two organizations dedicated to access to justice in Quebec," explains Beth Symes, President of CIAJ’s Board of Directors. “The hiring of Me Moreau as our Executive Director should increase our visibility in the legal community, especially in Quebec.”
From the beginning of her practice, Me Michèle Moreau has been actively involved with various organizations within the legal community: the Young Bar of Montreal, the Bar of Montreal and the Quebec Bar. She is currently the Vice-President of the CBA-Quebec Branch and will become the President in August 2013. For the last two years, Me Moreau has been the Secretary-Treasurer on CIAJ’s Executive Committee.
“To me, becoming CIAJ’s Executive Director represents a different way to promote better access to justice and to achieve concrete results toward this ultimate goal,” says Me Michèle Moreau. “I will have at heart the best interest of citizens facing the complexity of our justice system.”
After more than 20 years working for the organization, Christine Huglo Robertson, Executive Director, will retire in July 2014. Until then, she will continue as Executive Director Emeritus. “I am delighted to benefit from Christine’s knowledge and wisdom for another year to support me in this transition.”
CIAJ will hold its next Annual Conference in Toronto from October 9 to 11, 2013.
About the Canadian Institute for the Administration of Justice
The Canadian Institute for the Administration of Justice (CIAJ) is a not-for-profit organization created in June 1974 with a mission to promote excellence and leadership in all sectors of the administration of justice through knowledge, learning and the exchange of ideas. CIAJ currently has close to 1200 members from all sectors of the legal community. www.ciaj-icaj.ca
LIANS' standard policy is a "claims-made-and-reported" policy. The focus is on when the claim is made and reported, not on the year in which services are provided and the alleged error is said to have occurred. For example, if a claim is made against a member in 2013 for services that were provided in 2010, it is your coverage for the 2013 policy year that responds.
To ensure that you preserve your policy coverage, you must report a claim (or potential claim) as soon as practicable after learning of a claim or becoming aware of circumstances that might constitute an occurrence or give rise to a claim, however unmeritorious. You must report that claim (or potential claim) within the policy period. This is a condition of your policy. The current policy period ends June 30, 2013.
Therefore, if you are currently aware of a claim or a potential claim, even if you believe the claim or potential claim to be completely without merit, you must report by June 30, 2013.
Furthermore, you should report to your insurer when:
- You discover a mistake that has or may have caused the client damage. This is true even if the client has no intention of advancing a claim against you at the time; the client may advance a claim in the future. Early claim reporting allows investigation and possible mitigation of the problem before it becomes worse or more costly.
- You receive any threat or communication of intention to sue from a client or his or her lawyer. You should not second-guess the client’s intentions and wait for a clearer indication that the client is serious.
- Your handling of a matter is criticized by a member of the judiciary or in a public document.
- Another lawyer, on behalf of your former client, requests your file on a particular matter. This action should cause you to be cautious, especially if the former client’s lawyer does not give an explanation or expresses concerns about your handling of the matter.
- A client expresses dissatisfaction with your handling of a particular matter and there is some indication the client believes he or she has suffered a loss or incurred damages.
To report a claim, read LIANS’ Claim Reporting FAQs
Following the Society’s 2013 Annual Meeting on June 15, the Professional Development Program included a session from the LIANS Risk and Practice Management Program on how technology can help you avoid claims. Claim files resulting from disclosure errors do happen, including email correspondence inadvertently being sent to the wrong recipient thanks to the “AutoComplete” function in your Outlook email.
Here’s how to disable that option:
- In Outlook, go to the ‘Tools’ menu, click ‘Options’;
- On the ‘Preferences’ tab, click ‘Email Options’, and then click ‘Advanced Email Options’;
- Clear the ‘Suggest names while completing To, CC, and Bcc, fields’ check box.
Following these three simple steps to disable the AutoComplete function in your Outlook email may assist you in preventing the disclosure of confidential information to the wrong recipient.
If you have any questions on these, or any other risk- or practice-related matters, do not hesitate to contact Stacey Gerrard, LIANS Counsel with the Risk and Practice Management Program at firstname.lastname@example.org or call 423-1300 ext. 345.
We have received reports from several lawyers who received the following scam email from “Stefans Nikolajs”. The message appears as below:
We are seeking for a lawyer to assist in a collection case that requires immediate attention. If this is within your line of practice please contact me at your earliest convenience. I will also need a referral if this is not within your line of practice.
Be vigilant with every request for services that you receive. Fraudulent requests for services can be made by email, paper mail and courier, as well as by individuals who arrive in person to retain you and to use your trust account to receive and disburse funds. Be cautious with all cheques received, especially if they exceed the agreed upon amount.
Visit our Fraud section to read more on current reported scams and how to avoid them.
Remember that you must always confirm a prospective client’s identification in accordance with the Client ID Regulations of the Nova Scotia Barristers’ Society.
If you decide to proceed with a transaction, be sure to go to the bank website to verify the branch transit number, address and phone number on the cheque. Wait until the bank confirms that the funds are legitimate and are safe to withdraw from the deposit. Where possible, use the Large Value Transfer System (LVTS), an electronic funds transfer system that allows large payments to be exchanged securely and immediately.
For tips to avoid being victimized, read a list of "Red Flags”, and visit the Fraud section on lians.ca. To report or seek advice on dealing with fraud and scam attempts, contact Cynthia Nield at email@example.com or 902 423 1300, x346.
The following is an article excerpt from Homewood Human Solutions™, your health and wellness provider.
Between the ages of two and five, children become more independent and assertive. They begin to walk, feed themselves, and their vocabulary increases almost on a daily basis. They learn to count and the rudiments of reading. Acquiring these and other skills leads to growing feelings of independence.
The difficult job of emotional control
Perhaps the most difficult learning task facing young children is emotional control. This requires the child to learn the balance between what they would like to do and the boundaries of acceptable family behaviour. When the child bumps up against this boundary, the result is often a temper tantrum. Their feelings of frustration are more than they can handle and explode into what are called anger bursts. This can include screaming, kicking or the children throwing themselves on the floor.
Anger bursts are normal
Temper tantrums are a normal part of children's emotional development. Knowing this is nevertheless small comfort for parents who have to deal with them. Here is some information about temper tantrums and some suggestions for ways to deal with them.
The risk of buying peace
Parents at a loss as to how to deal with their child's anger often "buy" peace by giving in to the child’s demands. However, giving in tells the child the boundary between their demands and acceptable behaviour is meaningless. It also tells the child that tantrums work, and therefore they do not have to control their anger since things will sort themselves out eventually.
If you know temper tantrums can happen and are part of normal childhood development, then you won't be surprised and will be more likely to react in an effective manner.
Keep your cool
Do not let the anger control you. Remain calm and speak in a calm voice. One of the best ways children learn is by watching what people around them do. Children are great mimics; it is their specialty. Staying calm when dealing with their anger is a graphic way of showing them how to deal with their emotions.
Help your child label their feelings
Help your child put their feelings into words. For example, "It looks like you are angry. Is there something bugging you? I would like to hear what it is." This sort of approach helps express the anger and initiates dialogue.
Tell your child you share their feelings: I understand that you’re upset. What would make things better for you?
It is important not to give in to the temptation to buy peace. It is also important to encourage your child to put their feelings into words. This will demonstrate you care about their feelings. They learn that articulating their anger can lead to a satisfactory resolution, putting them on the path to learning how to manage feelings of anger and frustration. Staying firm and calm gives the child a sense of security.
Not giving special attention to tantrums tells your child that carrying on doesn't work. They begin to learn there are more effective and acceptable ways of expressing anger and they will be listened to.
Offer a choice
Another useful tactic is to tell the child they have a choice between two alternatives and what the consequences will be in each case. For example, if the tantrum erupts at dinner: "You have a choice: you can calm down and tells us what’s bothering you. Or you can continue disrupting our meal and go without dessert." The most important thing is to give manageable choices and to follow through. Even consequences that seem slight are effective if applied with consistency.
When you first begin to apply the strategy of remaining calm and being firm it may seem the tantrums are still lasting an awful long time. Your child is no dummy and is testing the limits you have set to see how far they can go. Hang in there. The child will learn that you will listen and deal with their concerns. In time the frequency and duration of the tantrums will decrease and should eventually become rare.
Praise the child for good behaviour
Praise your child's good behaviours with your words and actions. A good word and a good cuddle are always welcome. Try these strategies and observe the consequences. Doing so will help you progress efficiently towards better dealing with your child's anger bursts.
For more information and support with temper tantrums, along with resources and counseling in other life topics, visit the NSLAP website at www.nslap.ca. Please note that NSLAP is your “company” name when you register. When you call the NSLAP number at 1-866-299-1299 (Français: 1-866-398-9505; TTY: 1-888-384-1152), your call will be answered any time, day or night, 365 days per year.
The following decisions were released on the Supreme Court of Canada Judgments website since the last InForum. The subject headings and summaries have been prepared by the Supreme Court of Canada. This notice has been prepared by Society staff in Library & Information Services.
June 21, 2013
Sable Offshore Energy Inc. v. Ameron International Corp.
Neutral Citation: 2013 SCC 37 (CanLII)
File No.: 34678.
2013: March 25; 2013: June 21.
Present: McLachlin C.J. and LeBel, Abella, Cromwell, Moldaver, Karakatsanis and Wagner JJ.
On Appeal from the Court of Appeal for Nova Scotia
Civil Procedure — Access to justice — Disclosure — Privilege — Promoting Settlement — Settlement privilege — Scope of protection offered by settlement privilege — Appellants entering into Pierringer Agreements with some defendants to multi-party litigation — Non-settling defendants seeking disclosure of amount of settlements prior to trial — Whether amounts of negotiated settlements protected by settlement privilege.
Sable Offshore Energy Inc. sued a number of defendants who had supplied it with paint intended to prevent corrosion of Sable’s offshore structures and onshore facilities. Sable also sued several contractors and applicators who had prepared surfaces and applied the paint. The paint allegedly failed to prevent corrosion. Sable entered into Pierringer Agreements with some of the defendants, allowing those defendants to withdraw from the litigation while permitting Sable’s claims against the non-settling defendants to continue. Pierringer Agreements allow one or more defendants in a multi-party proceeding to settle with the plaintiff, leaving the remaining defendants responsible only for the loss they actually caused. All of the terms of those agreements were disclosed to the remaining defendants with the exception of the amounts the parties settled for. The remaining defendants sought disclosure of the settlement amounts.
The trial judge dismissed the application seeking disclosure of the settlement amounts, concluding they were covered by settlement privilege. The Court of Appeal overturned that decision and ordered the amounts disclosed.
Held: The appeal should be allowed.
June 20, 2013
Agraira v. Canada (Public Safety and Emergency Preparedness)
Neutral Citation: 2013 SCC 36 (CanLII)
File No.: 34258.
2012: October 18; 2013: June 20
Present: McLachlin C.J. and LeBel, Fish, Abella, Rothstein, Moldaver and Karakatsanis JJ.
On Appeal from the Federal Court of Appeal
Administrative law — Judicial review — Standard of review — Ministerial decisions — Immigration — Citizen of Libya found to be inadmissible based on membership in terrorist organization — Application for ministerial relief denied — Appropriate standard of review to apply to Minister’s decision — Whether, in light of this standard, Minister’s decision is valid — Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 34(2).
Administrative law — Natural justice — Doctrine of legitimate expectations — Citizen of Libya found to be inadmissible based on membership in terrorist organization — Application for ministerial relief denied — Whether there was failure to meet legitimate expectations — Whether there was failure to discharge duty of procedural fairness.
Immigration — Inadmissibility and removal — Ministerial relief — Citizen of Libya found to be inadmissible based on membership in terrorist organization — Application for ministerial relief denied — Interpretation of term “national interest” — Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 34(2).
A, a citizen of Libya, has been residing in Canada continuously since 1997, despite having been found to be inadmissible on security grounds in 2002. The finding of inadmissibility was based on his membership in the Libyan National Salvation Front (“LNSF”) — a terrorist organization according to Citizenship and Immigration Canada (“CIC”). A applied in 2002 under s. 34(2) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”), for ministerial relief from the determination of inadmissibility, but his application was denied in 2009. The Minister of Public Safety and Emergency Preparedness (“Minister”) concluded that it was not in the national interest to admit individuals who have had sustained contact with known terrorist and/or terrorist‑connected organizations. A’s application for permanent residence was denied.
A applied to the Federal Court for judicial review of the Minister’s decision regarding relief. The Federal Court granted the application for judicial review. The Federal Court of Appeal allowed the appeal, dismissed the application for judicial review and concluded the Minister’s decision was reasonable.
Held: The appeal should be dismissed and the Minister’s decision under s. 34(2) of the IRPA allowed to stand.
June 19, 2013
R. v. Baldree
Neutral Citation: 2013 SCC 35 (CanLII)
File No.: 34754.
2012: November 7; 2013: June 19.
Present: McLachlin C.J. and LeBel, Fish, Abella, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ.
On Appeal from the Court of Appeal for Ontario
Criminal law — Evidence — Admissibility — Hearsay — Drug purchase call — Implied Assertions — Implied assertion tendered for the truth of its contents — Applicability of hearsay rule — Purposive approach — Principled analysis of its necessity and reliability.
After B was arrested, a caller telephoned B’s cell phone to arrange for a drug delivery. A police officer answered B’s cell phone and agreed to deliver the drugs at the price that B usually charged. The caller gave his address. No effort was made to find and interview him and he was not called as a witness. The trial judge concluded that the police officer’s testimony was not hearsay and admitted the contents of the call. B was convicted of possessing marijuana and cocaine for the purposes of trafficking. A majority of the Court of Appeal allowed the appeal, ordered a new trial, and held that the evidence should not have been admitted.
Held: The appeal should be dismissed and a new trial ordered.
June 14, 2013
Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd.
Neutral Citation: 2013 SCC 34 (CanLII)
File No.: 34473.
2012: December 7; 2013: 2013: June 14.
Present: McLachlin C.J. and LeBel, Fish, Abella, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ.
On Appeal from the Court of Appeal for New Brunswick
Labour relations — Arbitration — Collective agreements — Management rights — Privacy — Employer unilaterally imposing mandatory random alcohol testing policy for employees — Whether unilaterally implementing random testing policy a valid exercise of employer’s management rights under collective agreement — Whether employer could unilaterally implement policy absent reasonable cause or evidence of workplace alcohol abuse.
Administrative law — Judicial review — Standard of review of labour arbitration board’s decision — Employer unilaterally imposing mandatory random alcohol testing policy for employees holding safety‑sensitive positions — Whether arbitration board’s decision that harm to employees’ privacy outweighed policy’s benefits to employer was reasonable.
The Union brought a grievance challenging the mandatory random alcohol testing aspect of a policy on alcohol and drug use that the employer, Irving, unilaterally implemented at a paper mill. Under the policy, 10% of employees in safety sensitive positions were to be randomly selected for unannounced breathalyser testing over the course of a year. A positive test for alcohol attracted significant disciplinary action, including dismissal.
The arbitration board allowed the grievance. Weighing the employer’s interest in random alcohol testing as a workplace safety measure against the harm to the privacy interests of the employees, a majority of the board concluded that the random testing policy was unjustified because of the absence of evidence of an existing problem with alcohol use in the workplace. On judicial review, the board’s award was set aside as unreasonable. The New Brunswick Court of Appeal dismissed the appeal.
Held (McLachlin C.J. and Rothstein and Moldaver JJ. dissenting): The appeal should be allowed.
June 13, 2013
Nishi v. Rascal Trucking Ltd.
Neutral Citation: 2013 SCC 33 (CanLII)
File No.: 34510.
2013: January 16; 2013: June 13.
Present: McLachlin C.J. and LeBel, Abella, Rothstein, Cromwell, Karakatsanis and Wagner JJ.
On Appeal from the Court of Appeal for British Columbia
Trusts — Purchase money resulting trust — Appellant using funds received from respondent to purchase property in appellant’s own name — Funds representing disputed monies owed to third party — Whether purchase money resulting trust should be abolished in commercial transactions in favour of unjust enrichment principles — Whether a transfer is gratuitous when it constitutes the discharge of a legal and moral obligation to a third party — Whether a proportionate interest in the property is acquired where the transferor attempted, but failed to secure the title holder’s agreement to an interest in the property — Whether presumption of resulting trust was rebutted
In 1996, Kismet Enterprises Ltd. owned approximately two acres of land in Nanaimo, British Columbia that it leased to Rascal Trucking Ltd. Rascal began operating a topsoil processing facility on the property that generated significant complaints from the neighbourhood. As a result, the City passed resolutions declaring that the facility was a nuisance. The City subsequently removed the topsoil and lodged the costs incurred of $110,679.74 against the property as tax arrears. Rascal’s lease included provisions which required it to “hold harmless” Kismet for “any and all liabilities resulting from Rascal’s operations on the property”, but at no point did Rascal reimburse Kismet or the City for the costs of the removal of the topsoil. Kismet determined that, as a result of the tax arrears and the existing mortgage to CIBC, there was no equity left in the property. It stopped making mortgage payments. Throughout the ensuing foreclosure proceedings, Mr. Heringa, the principal of Rascal, tried in a number of ways to acquire the property, but was unsuccessful. In May 2001, the property was sold to Mr. Nishi for $237,500. Nishi was assisted in the purchase by Rascal in the amount of $110,679.74, the exact amount of the tax arrears. Heringa sent Nishi’s lawyer several faxes containing offers with different terms, attempting to acquire an interest in the property. Nishi did not agree. Heringa subsequently sent a fax indicating that the monies would be advanced “without any conditions or requirements”. In November 2008 Rascal began this action claiming a one‑half undivided interest in the property. The trial judge dismissed the action but this decision was overturned on appeal.
Held: The appeal should be allowed and the decision of the trial judge should be restored.
In cases below where no link is present, the decision was not yet available on CanLII at the time of InForum publication. Consult the Courts of Nova Scotia Twitter feeds or Decisions Database. This notice has been prepared by Society staff in Library & Information Services.
ADMINISTRATIVE LAW Antigonish/Guysborough Federation of Agriculture v. Antigonish County (Municipality), C.A. No. 408935, Beveridge, J.A., June 14, 2013; June 11, 2013 (orally). 2013 NSCA 71
CIVIL RIGHTS R. v. Massiah, No. 2458099; 2458100; 2458101, Whalen, J.P.C., May 6, 2013. 2013 NSPC 43
CONTRACTS Brogan v. Bank of Montreal, Syd. No. 279326, Smith, A.C.J., June 13, 2013. 2013 NSSC 76
CONTRACTS Rusk Renovations Inc. v. Dunsworth, Hfx. No. 389841, Moir, J., June 14, 2013. 2013 NSSC 179
CREDITOR AND DEBTOR Ross v. Bank of Montreal, C.A. No. 397039, Hamilton, J.A., June 18, 2013. 2013 NSCA 70
CRIMINAL LAW R. v. Buckley, C.A.C. No. 354572, Oland, J.A., June 13, 2013. 2013 NSCA 73
CRIMINAL LAW R. v. Simms, No. 2417181, Whalen, J.P.C., April 2, 2013. 2013 NSPC 44
CRIMINAL LAW R. v. Maloney, No. 2532901; 2532902; 2532903, Atwood, J.P.C., April 3, 2013. 2013 NSPC 46
CRIMINAL LAW R. v. Muise, CR.H. No. 373467, Rosinski, J., May 2, 2013. 2013 NSSC 141
CRIMINAL LAW R. v. Munroe, No. 2292280, Campbell, J.P.C., June 14, 2013. 2013 NSPC 45
CRIMINAL LAW R. v. Clarke, C.R.H. No. 346068, Hood, J., May 24, 2013. 2013 NSSC 177
CRIMINAL LAW R. v. Gillespie, C.R.P. No. 362340, McDougall, J., June 18, 2013; April 18, 2013 (orally). 2013 NSSC 185
DAMAGES Nova Scotia (Attorney General) v. Mattatall, Hfx. No. 216653, Murphy, J., June 14, 2013; February 28, 2013 (orally). 2013 NSSC 184
FAMILY LAW Nova Scotia (Community Services) v. A. (F.) et al., S.F.H.C.F.S.A. No. 072726, Gass, J., February 4, 2013; June 21, 2012 (orally). 2012 NSSC 147
FAMILY LAW Heisler v. Heisler, F.L.B.M.C.A. No. 081260, Dyer, J.F.C., January 15, 2013. 2013 NSFC 3
FAMILY LAW Nova Scotia (Community Services) v. B. (M.A.), F.L.B. C.F.S.A. No. 071955, Dyer, J.F.C., May 29, 2013. 2013 NSFC 11
FAMILY LAW Thompson v. Thompson, No. 1201-065789, O'Neil, A.C.J., February 18, 2013. 2013 NSSC 58
FAMILY LAW P. (E.J.) v. B. (S.), S.F.H.M.C.A. No. 85349, Gass, J., June 11, 2013. 2013 NSSC 174
FAMILY LAW Moore v. Moore, No. 1201-062239; S.F.H.D. No. 055919, Jollimore, J., June 14, 2013; January 30, 2013 (orally). 2013 NSSC 175
FAMILY LAW Morris v. Harvey, S.F.H.M.C.A. No. 017617, Legere-Sers, J., June 11, 2013. 2013 NSSC 176
FAMILY LAW Johnson v. Johnson, No. 1201-059695, O'Neil, A.C.J., June 13, 2013. 2013 NSSC 181
FAMILY LAW Delgado v. Kelly, No. 1207-002368, O'Neil, A.C.J., June 13, 2013. 2013 NSSC 182
FAMILY LAW Richardson v. Carroll, S.F.H.M.C.A. No. 069321, Jollimore, J., Jne 20, 2013; June 10, 2013 (orally). 2013 NSSC 187
INSURANCE Keizer v. The Portage LaPrairie Mutual Insurance Co., Hfx. No. 328506, Wright, J., June 11, 2013. 2013 NSSC 118
LABOUR LAW Li v. Jean, C.A. No. 370944, Oland, J.A., June 11, 2013. 2013 NSCA 72
LANDLORD AND TENANT Toulany v. Raidan, Hfx. No. 397848A, Duncan, J., June 13, 2013. 2013 NSSC 180
MAINTENANCE Tanner v. Tanner, No. 1201-56110, Legere-Sers, J., June 7, 2013. 2013 NSSC 159
REAL PROPERTY Higgins v. Nova Scotia (Attorney General), TRU. No. 403759, Scanlan, J., June 19, 2013. 2013 NSSC 186
WILLS AND ESTATES Penny v. DeLong Estate, C.A. No. 408754, Bryson, J.A., June 18, 2013. 2013 NSCA 74
In the fall of this year the Advisory Committee on Queen’s Counsel Appointments, chaired by the Honourable Justice Peter Bryson, will consider candidates for the next Queen’s Counsel appointments.
The criteria for these appointments are:
(a) fifteen years or more as a member of the Bar of Nova Scotia as of September 30, 2013 and eligible to practise law in Nova Scotia;
(b) demonstrated professional integrity, good character and outstanding contributions to the practice of law through one or more of:
(i) recognition by other members of the profession as an exceptional barrister or solicitor,
(ii) exceptional contributions through legal scholarship, teaching or continuing legal education,
(iii) demonstration of exceptional qualities of leadership in the profession, and
(iv) engaging in activities of a public or charitable nature in such a way as to raise the esteem in which the legal profession is held by the public;
(c) the Advisory Committee on Queen’s Counsel Appointments is asked to consider regional, gender and minority representation among the persons recommended for appointment as Queen’s Counsel.
In order to be considered as a candidate for a Queen’s Counsel appointment, you must apply pursuant to this request. The Committee will not consider applications or nominations from previous years.
A complete application or nomination package must consist of an original and 12 copies of the following documents:
(a) application or nomination form;
(b) authorization for disclosure of information and release; and
(c) Information form. Ordinarily the information will be confined to the form provided. However, if you find the space on the form insufficient, additional material that you may wish to provide (not exceeding two pages in length), will be considered by the Committee. Material exceeding two pages will not be forwarded to the Committee.
These forms are available on the Queen’s Counsel process page of the Nova Scotia Barristers’ Society website. In addition, please ensure you have provided with your application materials a current telephone number where you can reached. If you wish, you may include two letters of reference for consideration by the Committee. The inclusion of reference letters is optional.
Persons may either apply personally or may nominate a member of the Bar. All applicants will be treated equally by the Committee whether they are nominated, or whether they apply personally.
Your complete application or nomination must be received by Justice Bryson no later than 4:00 pm, Monday, September 30, 2013. It may be mailed or delivered to:
Advisory Committee on Queen’s Counsel Appointments
c/o The Honourable Justice Peter Bryson
The Law Courts, 1815 Upper Water Street
Halifax, NS B3J 1S7
Thank you for your attention to this matter.
Yours very truly,
Judith F. Ferguson, Deputy Minister of Justice
The Nova Scotia Securities Commission is publishing the following for a 60-day comment period:
- Proposed Rule 45-501 – Statutory Liability for Misrepresentations in an Offering Memorandum Under Certain Exemptions From the Prospectus Requirement, and
- Proposed Companion Policy 45-501CP to Rule 45-501 Statutory Liability for Misrepresentations in an Offering Memorandum Under Certain Exemptions From the Prospectus Requirement (the Proposed Policy).
These documents are available on the Commission’s website at the following link: http://www.gov.ns.ca/nssc/docs/noticeandrequestRule45-501May_09_2013.pdf
We look forward to receiving comments by July 8, 2013.
News releases from the provincial government are available at this link, and are searchable by department and date: http://novascotia.ca/news/
The following are some announcements since the last edition of InForum:
- JUSTICE: Find all DOJ announcements at http://www.gov.ns.ca/just/communications/ Maintenance Enforcement Office opens in New Waterford (June 17)
SNSMR: Find all news releases at http://www.gov.ns.ca/snsmr/
PUBLIC PROSECUTION SERVICE: Sydney Crown Attorney Steve Drake to present at Ontario Crown School (June 19)
EDUCATION/EARLY CHILDHOOD DEVELOPMENT: School Review Committee seeks public input (June 20)
ENVIRONMENT: Environment Minister issues Maritime Link EA decision (June 21)
- Province to fund gender reassignment surgery (June 12)
- Community grants available for mental health and addictions (June 12)
HUMAN RIGHTS COMMISSION: Change of leadership at Human Rights Commission (June 19)
- New online tool for volunteers, non-profits (June 21)
- Province acts to better protect workers' workplace safety (June 11)
No proclamations were published in the Royal Gazette, Part II since the last issue of InForum.
Proclamations are published in the Royal Gazette, Part II, which is issued every other week and is available by subscription. Unofficial copies of the Royal Gazette, Part II are available online through the Registry of Regulations website.
The Office of the Legislative Counsel maintains a Proclamations of Statutes database, providing the effective dates of proclamations for statutes from 1990 to date. The database is updated with information received weekly from the Executive Council Office. To access the database, go to the Office of the Legislative Counsel’s website, then select Proclamations from the list of links on the left side of the page. The information provided by the database is for convenience only. For purposes of interpreting and applying the law, please consult official sources.
The orders in council authorizing the proclamations can be searched via the Orders in Council database maintained by the Executive Council Office. This database contains information about orders in council dating back to 1991.
This notice has been prepared by Society staff in Library & Information Services.
A number of new Land Registration Act and Registry Act Error & Omission notices have recently been posted online. Please note the new notices from the Antigonish, Cape Breton, Halifax and Lunenburg County Land Registration Offices.
To view these notices in full, refer to the Errors & Omissions page on the Property Online (PO) website.
Please note that the Society’s offices will be closed on Monday, July 1 for the Canada Day holiday.
The Barristers’ Library at Summit Place in Halifax will be closed on both Friday, June 28 and Monday, July 1, 2013.
The Society offices are open from 8:30 am to 4:30 pm, Monday to Friday.
The standard hours of service for Library & Information Services are 9:00 am to 12:00 noon and 1:00 pm to 4:00 pm, Monday to Friday. The library is staffed – and the collection available to users – from 8:30 am to 4:30 pm, Monday to Friday.
We regret that after-hours access to the library collection is not possible at our temporary location at Summit Place, fifth floor.
The Society wishes to advise members of the recent death of the following colleague. We extend our condolences to his friends and family.
- Frank J. Powell QC, Halifax – June 12, 2013 Obituary
(June 12, 2013) BOYNECLARKE LLP, one of Atlantic Canada's largest law firms, is pleased to announce that the office has expanded. The firm’s Creditor Practice Team, headed by John S. Fitzpatrick QC, now occupies half of the eighth floor at Metropolitan Place, 99 Wyse Road, Dartmouth. BOYNECLARKE moved to Metropolitan Place in 2010, originally occupying the fifth, sixth and seventh floors.
James D. MacNeil, Managing Partner of BOYNECLARKE LLP, is pleased to announce that the firm has recently welcomed new members to the Creditor Practice Team, so the needs of their growing client base could be successfully met. Congratulations to John and his entire team on their efforts!
Thank you, as well, to our landlord, CREIT. Having worked with BOYNECLARKE LLP during the 2010 move to Metropolitan Place, they have been instrumental in the firm’s expansion to the eighth floor. And special thanks to our designers, Design 360 Inc., who once again delivered stellar service and an outstanding finished product.
We invite you to visit our website for more information on the firm and Creditor Practice Team. www.boyneclarke.ca
2nd SEA/ASIA Pro Bono Conference/Workshop
11 & 12 October 2013
Ho Chi Minh City, VIET NAM
The 2nd Southeast Asia/Asia Pro Bono Conference and Workshop will bring together academics, law students, lawyers, judiciary, pro bono professionals, policy makers, civil society and non-profit representatives to consider the multifarious ways pro bono initiatives can strengthen access to justice in Southeast Asia and internationally.
The conference and workshop will be an exciting mix of a keynote speech, panel discussions, poster presentations and interactive workshop sessions. There will be lots of opportunity for participation, collaboration and dialogue. The Conference will showcase selected, timely and innovative pro bono partnerships and provide a unique space for participants to collaborate in order to improve access to justice for some of the region's most marginalized communities.
The conference theme focuses on strengthening access to justice through pro bono initiatives and programs. Individuals interested in participating in the Conference are also encouraged to submit papers/presentations addressing one or more of the following topics:
- Pro bono and clinical legal education (CLE)
- Successful models of pro bono initiatives or programs
- Pro bono partnerships: local, regional, international
- Advocating pro bono and professional responsibility
- Pro bono initiatives in Asia today
- Developing a pro bono ethic in and with advocates for justice
- Pro bono and technology
- Pro bono and sustainable strengthening of access to justice
- Related initiatives that promote access to justice for marginalized communities
Please email your Papers/Presentation submissions to: Session Planning Committee at firstname.lastname@example.org
Deadline: August 9, 2013
Yorke Tutty has been practicing law in Liverpool, Queens County, Nova Scotia for 39 years and as a result of the recent retirement of his law partner, James DiPersio, he is now a sole practitioner. Yorke is seeking an associate lawyer or associate firm that might eventually take over his law practice, and he is open to discuss various business arrangements.
If the rat race, with the increased pressures of billable hours, rental parking and stressful commutes, is getting you down, perhaps you owe it to yourself to consider living and practicing law on the South Shore of Nova Scotia.
If this is of interest to you, please reply in confidence to:
W. Yorke Tutty QC
c/o Tutty Law Inc.
171 Main Street
P O Box 760, Liverpool, NS
Phone: 902 354 5756
Fax: 902 354 7395
Power, Dempsey, Leefe & Reddy, located in Bridgewater, is one of the longest serving law firms in the South Shore. We are currently seeking an associate with an interest in civil litigation, as well as criminal and family law.
The ideal candidate will have two to five years' experience, and be ready to hit the ground running at our busy firm. Compensation shall be commensurate with experience and is negotiable. Please check out our website at www.lawpower.ca.
Interested applicants should forward their qualifications to Mr. J.C. Reddy via email: email@example.com. We look forward to hearing from you!
Ritch Durnford is looking for a talented administrative assistant/paralegal. The successful candidate will provide a full range of administrative and support services for a Senior Partner and Associate in their litigation practice.
In addition to the requisite technical skills, the candidate should have:
- A paralegal certificate and/or signficant litigation experience;
- Minimum of 5+ years' experience in a litigation environment;
- Superior organization, communication & problem solving skills;
- A proactive attitude, with a desire for making continuous improvements;
- The ability to multi-task and take initiative when requried;
- Preferably, a working knowledge of Summation/and or Casemap or a willingness to learn those programs.
This is a combined assistant/paralegal position. We are looking for someone who has the desire and know-how to help run a vibrant litigation practice, someone who has the initiative to take on the task and someone who really likes what they do. This position involves a lot more than just typing.
We offer one of the best compensation packages in the industry, along with the opportunity to work in a collegial & positive work environment.
Please forward resumes to: firstname.lastname@example.org
Crown Attorney – LF1-3 (Legal Counsel 1-3)
Regular/full-time, two positions (Thompson, Dauphin)
Manitoba Justice, Manitoba Prosecutions Service, Regional Prosecutions
Advertisement Number: 27407
Salary(s): LF1-3 $68,352.00 - $137,858.00 per year
Closing Date: July 8, 2013
An eligibility list may be created for similar term and regular positions in Manitoba regional offices (various locations including, Portage la Prairie, Brandon, Dauphin, The Pas, and Thompson) and will remain in effect for six (6) months.
Membership with the Law Society of Manitoba, the ability to travel by road and air (including overnight stays), a satisfactory Criminal Record Check and Child Abuse Registry Check are conditions of employment.
Manitoba Prosecution Service is responsible for prosecuting most offences in Manitoba. These offences are identified in provincial statutes, the federal Criminal Code of Canada and The Youth Criminal Justice Act.
This is a unique opportunity with Manitoba Prosecutions to work in a dynamic, moderate sized office in Dauphin or in Thompson with Crown Attorneys of varying levels of experience.
Dauphin is a warm and welcoming community that offers myriad of outdoor recreation opportunities and is situated in the heart of Manitoba’s most spectacularly scenic region known as the Parkland. For more information on living and working in Dauphin, please visit www.dauphin.ca or www.dauphinchamber.ca
Thompson is Manitoba's northern regional service center surrounded by First Nations and other northern communities. It offers a high quality of life and boasts of all the amenities of a large city. It is surrounded by the beauty of pristine lakes, rivers and the boreal forest. For more information on living and working in Thompson, please visit www.thompson.ca or www.thompsonchamber.ca
- Litigation experience in the practice of criminal law
- Superior oral communication and presentation skills
- Superior written communication skills
- Superior interpersonal skills
- Excellent analytical skills
- Demonstrated effective case management and organizational skills with the ability to work independently and effectively meet short deadlines
- Knowledge and experience with computer software packages including legal research applications, MS Word, and Outlook or equivalents
- Prosecutions experience
A sample document demonstrating your legal writing skills must be submitted with your résumé.
Duties: As a Crown Attorney, you will provide regional prosecutorial service regarding matters arising under the Criminal Code of Canada and provincial statutes, in the provincial and superior courts. Other duties involve giving legal opinions, reviewing police reports and instruction police with respect to charges and investigations. You will also participate in community and other legal education in the areas of criminal law and procedures on behalf of Manitoba Prosecutions Service. As a regional Crown Attorney, you must be able to travel (road and air), including overnight stays and you may be required to work evenings and weekends.
Manitoba Prosecutions Service offers an attractive benefits package and a defined pension plan and provides opportunities for development.
Advertisement # 27407
Civil Service Commission
Human Resource Services
Winnipeg, MB, R3C 3J7
Please quote the advertisement number and the position title in the subject line of your e-mail. Your cover letter, resumé and/or application must clearly indicate how you meet the qualifications.
We thank all who apply and advise that only those selected for further consideration will be contacted.
- 20 years experience
- proficient in MS Word, Groupwise, spreadsheet applications and internet searches
- proven performer in accurately preparing court documents and correspondence
- excellent communication skills developed through interaction with lawyers, clients, co-workers and court officers
- ability to work both independently and as a team player
I thrive in a challenging environment; am self-motivated and a professional. I'm looking for full time, part time or contract in the Halifax area or along the south shore. I have excellent references. I've worked for major law firms in Toronto and Halifax. Please contact Vicki at 445-3244 or email at email@example.com
If you are an ambitious individual looking to practice law in a rural community but in a busy practice with interesting and different types of work, we would like to talk to you. Pickup MacDowell is a well-established law firm in Port Hawkesbury, Nova Scotia seeking an Associate Lawyer.
The individual who would be successful to obtain this position would be expected to assist the current lawyers in Municipal, Family, and general practice and will be encouraged to build their own practice. Newly called lawyers are welcome to apply.
Pickup MacDowell is seeking to fill the position upon finding the right person and fit. Interested Applicants should apply in confidence to Lorne J. MacDowell, Q.C.:
Associate Lawyer Position: PICKUP MACDOWELL
302 Pitt Street
Port Hawkesbury Nova Scotia
Phone: (902) 625-2500
Fax: (902) 625-0500
- 3 - 5 years practice experience in the field of income taxation, including:
- Advising owner-managed enterprises and their shareholders on corporate, personal tax, estate planning and compliance matters
- Implementing tax-planned reorganizations
- Advising clients on the tax implications of commercial transactions, including share and asset sale transactions and financings
- Successfully completed the CICA’s In-Depth Tax course
- A strong aptitude for business development
- Membership in STEP would be an asset.
Noseworthy Di Costanzo Diab is presently seeking a Property Assistant to work in our Property Department. This position requires experience in all real estate related transactions including new construction, purchases, sales, refinances and title migrations. A working ability in PC Law is essential.
A minimum of 2 years exprerience is required to work in this busy department. The ideal candidate should possess excellent communication skills, strong computer skills and the ability to multi task while paying attention to detail.
All applications will be held in strict confidence and only applicants screened with prior experience will be contacted for interviews.
Please forward your resume to: firstname.lastname@example.org
- Kim Bernhardt, Mediator
Claims of systemic discrimination present special challenges. Establishing this type of discrimination requires proof of policies or practices which disadvantage a certain identified group in the workplace, and is often more difficult than showing individual discrimination. As well, in cases of systemic discrimination, traditional remedies such as reinstatement and damages are frequently insufficient. Instead, this discrimination requires broad, workplace-wide responses which will get to the root of the unfair treatment and prevent similar problems in the future. Hear a panel of Lancaster's legal experts as they discuss how systemic discrimination cases are best argued and resolved. Issues to be discussed include:
Systemic discrimination: How is systemic discrimination defined? What test is applied when determining whether a prima facie case of systemic discrimination has been made out? When will systemic discrimination result in a poisoned work environment? In what contexts do claims of systemic discrimination often arise? Hiring? Mandatory retirement? Pay disparities? Discipline and attendance management? When will accommodation policies themselves be regarded as discriminatory?
Making your case: What evidence is required to advance (or contest) a claim of systemic discrimination? Is direct evidence of discrimination necessary? Do you need expert testimony? Is statistical evidence necessary or advisable to prove that discriminatory treatment is widespread?
Monetary remedies: What type of monetary remedies can be sought by complainants in systemic discrimination cases? Damages for lost wages? Damages for injury to dignity, feelings and self respect resulting from discrimination? Punitive damages? What evidence is necessary to establish the quantum of damages?
- Non-monetary remedies: What types of orders can an arbitrator or tribunal make to correct a discriminatory work environment or prevent future discrimination? Should an employer be required to post tribunal or arbitration decisions in the workplace? Establish or amend human rights policies? Implement educational or training programs? Change hiring and/or retention practices? Should external consultants be brought into a workplace to implement systemic remedies? How should these orders be enforced? Will orders typically have a specified date by which they must be implemented? What steps can be taken to enforce remedial orders of the tribunal if a party refuses to comply with the orders?
A lecture series for Canadian lawyers and judges at the University of Cambridge, England.
Visit the website of the Canadian Institute for Advanced Legal Studies for the program: http://www.canadian-institute.com/.
July 8 - 12, 2013 9:00 a.m. - 4:30 p.m.
More than ever before, HR professionals need a solid understanding of the many laws governing the employment relationship, and the legal risks that can arise in the workplace. Failure to follow the rules and manage risk can result in fines and civil and criminal liability for an organization, its directors and officers, managers, supervisors and others, not to mention a poor reputation as an employer.
Now in its fifth offering, Osgoode’s Certificate in HR Law for HR Professionals was specifically developed for human resource professionals, and is approved by the HRPA for Continuing Professional Development hours. In five consecutive valuable one-day modules, an experienced, multi-disciplinary faculty will provide you with cogent, practical advice and strategies on how to avoid costly mis-steps. There will be plenty of opportunities for questions, discussions and debates. The focus is on practical learning that you can put to work immediately.
Key Benefits: What You Will Learn
- Impact of social media in the hiring process
- Drafting employment agreements – dos and don’ts
- Navigating the Employment Standards Act, including overtime pay, minimum wage, leaves of absence, pregnancy leave, personal emergency leave, employees’ obligations when on leave, termination of employment and severance pay
- Occupational health and safety: the key provisions
- Refusing unsafe work and assessing legitimacy of refusals: practical considerations
- Equity, diversity and accommodation, including tips and tools for reducing discrimination claims in the workplace
- Practical strategies regarding the duty to accommodate
- A comprehensive guide to conducting workplace investigations: the investigative process, pre-investigative steps, interviewing, making a finding and remedies
- Terminating the employment relationship and minimizing your legal exposure
- References: “dos” and “don’ts”
- Releases (and the impact of releases on a subsequent human rights complaint)
- The workplace in the social media age: confronting the challenges
- Stuart E. Rudner, Rudner MacDonald LLP
- Natalie C. MacDonald, Rudner MacDonald LLP
OPD Program Lawyer
$3,995 plus 13% HST for a total of $4,514.35.
Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. The price does not include accommodations. Please inquire about group discounts and financial assistance. Fees paid by individuals are eligible for a tuition tax credit. Dress is business casual.
Certificate of Program Completion
You will receive a certificate upon completion of The Osgoode Certificate in HR Law for HR Professionals. Participants must attend all program modules and pass the take-home assessment to receive a certificate.
- Shana French, Employer Counsel, Sherrard Kuzz
- David Yazbeck, Union Counsel, Raven, Cameron, Ballantyne & Yazbeck
- Dr. Perry Sirota, Clinical and Forensic Psychologist
- Marjorie Brown, Union Counsel, Victory Square Law Office
- Lorenzo Lisi, Employer Counsel, Aird & Berlis
The Diagnostic and Statistical Manual of Mental Disorders, or DSM, is often referred to as psychiatry's Bible; it is the authoritative text used by North American psychiatrists and psychologists to diagnose mental illness. At the end of May 2013 the version of the DSM currently in use, the DSM-IV, will be replaced by the DSM-5, the first entirely new edition of the DSM in nearly 20 years. New diagnostic definitions and new disorders included in the DSM-5 could significantly influence legal determinations relevant to the workplace, e.g. who is considered to have a disability under human rights legislation and who is entitled to workers' compensation or disability insurance benefits. In this session, Dr. Perry Sirota, a prominent forensic psychologist, will explain the changes to the DSM, and leading labour lawyers will discuss how these changes may affect your workplace.
[Note: Because the full contents of DSM-5 will not be known until its release on May 22, this program may be updated to address concerns that become apparent only upon a full review of the text.]
The DSM and workplace law: How important is the DSM to workplace law in Canada? What workplace legislation explicitly references it? How heavily do adjudicators rely on the DSM when making legal determinations? Is the clinical diagnosis of a DSM mental disorder sufficient to establish a disability under human rights legislation? Entitlement to workers' compensation benefits, short-term disability benefits or long-term disability benefits? To what extent do adjudicators rely on DSM diagnoses to determine whether a worker should be awarded mental distress damages? Has the DSM been found to be a useful tool in determining whether an employee with a disability, for example, an addiction, should be disciplined for misconduct? What about determining whether someone has the mental capacity to sign a release?
Introduction to the DSM-5: Who is qualified to diagnose individuals with mental disorders using the guidelines in the DSM? Will these professionals need further training before using the DSM-5? Has the DSM-5 been simplified or does the DSM-5 add complexity that may lead to the over-diagnosis or mental disorders? How much merit is there to the criticism that some criteria are unduly vague or subjective? How has the DSM-5 changed the general definition of mental disorder? What are some of the major changes to the criteria for diagnosing already recognized disorders such as Major Depressive Disorder, and Generalized Anxiety Disorder? Are there any new disorders in the DSM-5? Are personality disorders treated differently in the DSM-5 than they were in the DSM-IV? Given that some diagnoses in the DSM-5 rely on certain cultural expectations, is the DSM-5 an appropriate tool for diagnosing all employees in Canada's multi-cultural workplaces? Are there any competing guidelines to making mental health diagnoses accepted by the Canadian medical and psychological communities? Is it ever preferable to using these alternate guidelines?
- Applying the DSM-5: Do references to "the most recent edition" of the DSM in workers' compensation legislation in Alberta and British Columbia mean that, as of the publication of the DSM-5, diagnoses made with the DSM-IV are instantly unacceptable? Is there a transition period? Does the removal of the "bereavement exclusion" from the diagnostic definition of major depressive disorder mean that employers will have a duty under human rights legislation to accommodate employees whose sadness associated with a death in the family lasts longer than two weeks? Will the revised diagnostic definition of Major Depressive disorder result in courts more frequently awarding damages for mental distress in wrongful dismissal cases because workplace parties can now, on the basis of the new definition, reasonably anticipate an employee will develop depression as a result of loss of employment? Will the addition of Mild-Neurocognitive Disorder, which involves modest decline in cognitive function/memory, result in older workers more frequently seeking accommodation under human rights legislation?
You are cordially invited to celebrate with us at the 11th Annual Pride Reception, co-hosted by the SOGI (Sexual Orientation & Gender Identity) Section of the Canadian Bar Association – Nova Scotia and the Nova Scotia Barristers’ Society.
Thursday, July 25, 2013 – 4:30 to 6:30 pm
Page and Strange Art Gallery
1869 Granville St, Halifax
Special guest Michael Battista has been practising immigration and refugee law since 1992 and is certified by the Law Society of Upper Canada as a Specialist in Citizenship and Immigration Law (Immigration and Refugee Protection).
The focus of his practice is immigration and sexual orientation/HIV issues. Michael served as Chair of the Board of Directors of the AIDS Committee of Toronto and worked with Canada’s national LGBT equality group EGALE in successfully lobbying the Canadian government to extend recognition to same sex couples under IRPA before same sex marriage was recognized in Canada. He was admitted to the Ontario AIDS Network’s (OAN) Honour Roll in 2007 and has been adjunct faculty member of the University of Toronto’s Faculty of Law since 2003. Michael is also Chair of Rainbow Railroad, an organization dedicated to assisting LGBT refugees to find routes to safety.
Please RSVP by Thursday, July 18 to Emma Pink at email@example.com.
- Michael Lynk, Arbitrator/Mediator, Professor, Faculty of Law, Western University
- Sharmila Clark, Solicitor, Legal Services, City of Toronto
- Claudia Vicencio, Labour Relations Officer (Litigation), Ontario Nurses' Association
The duty to accommodate is likely the most common, and one of the most challenging, issues in the contemporary workplace. What are the basic steps that should be taken when an issue of accommodation arises? What action is required and what processes should be followed? What are the key ingredients of a successful accommodation? Using Lancaster House's "Roadmap on Disability and the Duty to Accommodate in Canada," this audio will walk participants through the basic steps involved at each stage of process, including identifying the need for accommodation, gathering the necessary information, investigating the options, and ultimately fulfilling, the duty to accommodate. The discussion will include:
Identifying the need for accommodation: What information does the employer need to have before the duty to accommodate is triggered? The duty to inquire and the duty to disclose: What is the employer's duty to inquire into an employee's need for accommodation if it suspects the employee may require it on the basis of disability, religion, family status, or another ground? What is the effect of an employee not disclosing a need for accommodation, or of a delay in such disclosure?
Medical information and privacy: In the case of an employee with a disability, what is the scope of the medical information to which an employer is legally entitled for the purposes of accommodating an employee in productive work? Is a worker obligated to disclose his or her diagnosis, treatment or prognosis information to the employer? How should parties obtain and use this information in a way that balances the employer's need for information with the employee's privacy rights? Should the employer request a medical opinion from someone other than the employee's treating physician? What information does an employee on leave need to provide in order to trigger the duty to accommodate a return to work?
Investigating accommodation options: What are the steps that should be taken by employers, employees and unions to investigate and consider the availability of accommodation options? What process should be followed? Must the employer meet with the employee to canvass possible accommodation solutions? If so, what should such meetings/discussions involve? What is the union's role in the accommodation process and how should it participate? What right/obligation does an employee have to participate in the accommodation process? What consequences may flow if an employee is uncooperative? Will an employer be held liable for failing to properly consider all relevant information and consider possible accommodations even if, ultimately, accommodation would have constituted undue hardship?
Implementing accommodations/elements of a successful accommodation: To what extent is the employer required to consider the employee's preferences in selecting from different accommodation options? What other factors is the employer required/entitled to consider in determining an appropriate accommodation? What are some examples of accommodations that should/must be considered? Modified work stations or physical environment? Modified job duties or hours? Bundling or reconfiguration of duties? Is transfer to a lower-rated or non-bargaining unit position permitted? If so, when can these options be considered? What are some examples of helpful accommodations for employees who are suffering adverse treatment on the basis of disability, religion, sex, family status, or age?
- BFORs and undue hardship: What is a "bona fide occupational requirement" (BFOR) and how can workplace parties determine what elements of a job are bona fide occupational requirements? What is the test for establishing a BFOR and how/when is it met? Where does the concept of undue hardship fit in and when is the point of undue hardship reached? What criteria should be considered in determining undue hardship: Impact on health and safety? Decrease in productivity or morale? Seniority provisions? Cost? What role, if any, do last chance agreements play in determining "undue hardship" or bona fide occupational requirements?
Julie Nichols, Arbitrator/Mediator
Within certain limits, employers have the right to manage employee attendance, set standards, and control excessive absenteeism. However, when an employee's absenteeism is the result of a mental disability or mental health problem, special challenges arise. What rules govern where attendance management programs are applied to employees suffering from a mental health problem? What modifications, if any, to such programs must be made in order to avoid claims that the program or policy is discriminatory, and to accommodate employees with a mental health disability? Lancaster's panel of experts will address these questions, and others, including:
Recognizing when mental illness may be a factor in absenteeism: What are the most common mental health concerns that have been recognized as disabilities necessitating an accommodative approach to attendance management? When will conditions such as "stress" or "anxiety," amount to a "disability?" How can employers recognize when mental illness may play a role or be a factor in an employee's excessive absences? What signs or symptoms may be present where an employee's absenteeism is caused by a mental health issue or mental health disability?
The duty to inquire and the duty to disclose: What is the extent of the employer's duty to inquire into an employee's mental health if it suspects that the employee may be suffering from a mental health issue which is impacting his/her attendance? At what stage in the process should such an inquiry be made, and by whom? How can the subject be brought up? How should employers deal with the issue of denial in the face of evidence to the contrary? How does a delay in disclosure or refusal to disclose affect rights and obligations in the context of an attendance management program?
Medical information and privacy: How much medical information is required/can the employer seek, and what type of medical documentation will suffice? Must information about diagnosis and treatment be provided? Is medical information from a family physician sufficient, or must the employee provide information from a psychiatrist or other specialist?
Modification of the attendance management plan: What provisions should be made in attendance management policies for employees with mental illnesses in order to meet the employer's duty to accommodate? When can disability-related absences be counted? What adjustments are advisable/required when communicating attendance standards to employees? When will monitoring and counselling of employees under an attendance management program be considered harassment? Are adjustments or modifications are necessary in this regard where employees may have mental health issues that make them more vulnerable to criticism?
Undue hardship and attendance management: At what point will accommodation of an employee with a mental disability constitute an undue hardship for an employer? When can an employee with a mental disability be discharged for non-culpable absenteeism? Do special rules apply where the attendance problem is due to an addiction? When will accommodating an employee's relapses or chronic mental health problems reach the point of undue hardship?
- Last chance agreements and other conditions: What conditions can an employer impose on an employee whose attendance problems stem from a mental health issue? Can an employer require that an employee undergo ongoing counselling or other treatment? Periodic reporting by the employee's physician?
The Human Resources Professionals Association (HRPA) has approved Lancaster House as a Recertification Partner, guaranteeing that participation in our conferences, workshops and audio conferences will be accepted by the HRPA for recertification credit.
Day One - Monday, December 2, 2013
- Sustainability and Reform of Canada’s Pension System: What’s gone wrong? How should we fix it?
- What's Sustainable: Case studies in the public and private sectors
- Lunch Keynote Address: Can Canada’s retirement income system be rescued – or is an expanded CPP the only answer?
- What Issues are Dominating the Agenda in Labour-Management Pension Negotiations?: What solutions are emerging?
- Pension Issues at the Bargaining Table: Case studies in the public and private sectors
Day Two - Tuesday, December 3, 2013
- Breakfast Keynote Address: Who benefits more from the administration of Canada’s pension system? Pension professionals or pension beneficiaries?
- Legal Issues, Legal Decisions: The Supreme Court’s recent rulings on insolvency and other pension issues – Plus: Case Studies
- What Major Changes are Ahead for Pension Plan Governance?: Case studies in the public and private sectors
- Stephanie Kalinowski, Pension Counsel, Hicks Morley
- Darrell Brown, Pension Counsel, Sack Goldblatt Mitchell
- Ari Kaplan, Pension Counsel, Koskie Minsky
Conference Advisory Committee
- Scott Clausen, Partner, Mercer
- Marcelle Goldenberg, Pension Consultant
- Jo-Ann Hannah, Director, Pensions and Benefits Department, CAW-Canada
- Jim Keohane, President & Chief Executive Officer, Healthcare of Ontario Pension Plan
- George Luste, President, University of Toronto Faculty Association
- Allan Shapira, Senior Partner, Aon Hewitt
ACCLE (Association for Canadian Clinical Legal Education) is pleased to announce that it will be hosting its Fourth Annual Conference at the Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, from October 16-19, 2013.
“Core Foundations and New Directions in Clinical Legal Education” will focus on “core foundations” as well as new and emerging directions in the field of clinical legal education in Canada.
The conference will begin with registration and an opening reception the evening of October 16, and will include 2.5 days of interesting and stimulating sessions exploring a variety of key topics in the design and delivery of effective clinical legal education programs.
ACCLE welcomes participation and submissions from all legal educators and law students, as well as professionals from other related disciplines including education and social work.
Further details will be available shortly. In the interim, please mark these dates on your calendar and join us for this exciting and informative event.
Also see: ACCLE Call for Papers
*** Please forward this notice widely to anyone who may be interested ***
Toronto Stock Exchange has rules that govern corporate finance transactions, including private placements, acquisitions and prospectus offerings. At this hands-on, half-day workshop Toronto Stock Exchange staff will explore these requirements to provide you with a broad overview of the rules and help ensure your transactions are structured in compliance with the rules.
This workshop is designed for professionals who are responsible for managing corporate finance transactions for TSX listed issuers, providing a broad overview of TSX rules for those who have limited familiarity with the rules.
These are challenging and dynamic times in employment and labour relations and both management and labour representatives are eager to ensure they have the latest information and insights in these developing areas of the law, policy and practice.
This 11th annual Insight conference on Labour & Employee Relations will once again deliver the essential updates and the current thinking on best practices to support the work of human resources, labour and legal experts practicing in the field.
Among the topics to be addressed by top practitioners in the field are:
- Understanding and Accommodating Generation/Age Differences at the Workplace
- Right to Privacy at the Workplace – An Expanding Right
- Attendance Management, Performance Management – City of Moncton Case Study
- Bringing the Accommodation to an End – BFOR, Undue Hardship and More
- Technology and Social Media Use at the Workplace – Upstream Solutions
- Just Cause Terminations – Latest Legal and Practical Considerations
- Severance – Managing Costs and Limiting Liability
- Accommodation – Managing the Grey Zone
- Workplace Investigations – Key Considerations
- Compensation, Benefits and Pensions – Today’s Reality
- Resolving Workplace Disputes: Latest Trends
- Workplace Health and Safety Update
You will receive excellent opportunities to dialogue and ask questions of interest to you and your organization and will benefit after the conference from a body of written materials (in hard copy and online formats) to share with colleagues and for reference in the years ahead. Insight has assembled a diverse faculty of experts who will provide insights and practical strategies for this specialized area of practice.
For added value, consider attending the in-depth workshop on Workplace Investigations to enhance your skills in this challenging and important field.
Professor Judy Fudge
Innis Christie Visiting Professor
Faculty of Law, University of Victoria
Registration Deadline: Friday, SEPTEMBER 6, 2013 (please email firstname.lastname@example.org for a registration form)
- There is no cost for this course.
- You will not receive Dalhousie credit for this course.
- This course can be considered for Continuing Professional Development. For more information, please contact the Nova Scotia Barrister’s Society at CPD@nsbs.org.
This course will explore the extent to which the “new global economy” (global integration of production and increased migration, digital and informational technologies, transformations in work and production processes, the changing demographics of the workforce, and the shift to services) has undermined norms of employment, forms of workers organization, the traditional structure of the firm, assumptions about who workers are and what they need, and ideas about how regulation works – assumptions, norms, and techniques that have been the foundation upon which national regimes of labour regulation have been built. The specific focus will be on Canada, and we will consider changing forms of regulation (from collective bargaining to rights claims, the rise of class actions), the changing ‘subjects’ of labour law (women and migrant workers), and the changing goals of labour law (flexibility and competiveness versus security and protection). The course will place labour law in its social, economic, and political context.
Broad topics to be covered include: ·
- Legal pluralism and the regulation of the labour market;
- The informalization, feminization, and commercialization of employment;
- Outsourcing, off-shoring and business networking and their impact on labour law;
- The challenges of finding effective mechanisms for worker representation, or ‘voice’, in an era of declining union membership;
- Labour migration as a form of labour market regulation; and
- The challenges of new technology and work organization on working patterns and conditions of work.
Students who successfully complete this course will be able to demonstrate:
- Knowledge and understanding of the relationship between contemporary economic events and the evolution of labour law;
- Knowledge and understanding of the debates about the future of labour law;
- An appreciation of the significance of globalization in shaping contemporary national labour law regimes;
- Knowledge of international influences on labour law in Canada;
- An appreciation immigration as a source of labour market regulation;
- Knowledge of how to identify and analyze particular legal rules and practices in light of the pressures of globalization.
You will be responsible for reading the daily assignments. Reading materials will be provided together with web-references for primary documents (conventions, treaties, cases, statutes etc). In addition to the readings, you will be asked to prepare short assignments for class discussion. In-class exercises will be interspersed with discussion of the readings. Active participation in encouraged. Come prepared and eager to test your ideas and engage each other drawing upon your knowledge and experience.
1 credit intensive course (13 to 16 hours).
In course assignments and a take home exam on a pass/fail basis.
Thurs, Oct. 3
12:00-1:00 pm (public lecture – attendance required)
6:30- 9:30 pm (class)
Friday, Oct. 4
1:00-4:00 pm (class) and 6:00-9:00pm
Saturday, Oct. 5
9:00am-12:00pm and 1:00-4:00pm (class)
Location: Classes will be held in the Weldon Law Building, Room TBD, and the public lecture will be in Room 105.
CIAJ's Annual Conference
The recent evolution in the law of evidence is a vital topic for those interested in our legal system, whether a decision-maker, advocate, litigator, academic, teacher, student and or law-maker. In the past 25 years, the Supreme Court of Canada has ushered in a set of revolutionary changes to the rules of evidence in several areas, including witness competence, privilege, hearsay and similar act evidence. It has developed a “principled approach” designed to return evidence law to fundamental first principles while conforming to the normative commitments of the Charter.
This conference will address how facts are established through rules of evidence in criminal cases and how evidence law impacts the legal system in family law mediation, administrative hearings, civil cases, public inquiries and commissions through innovative, comparative and theoretical perspectives.
Visit this link for registration and more details:
Join us for a ‘best ball’ golf tournament in support of Dalhousie Legal Aid on Thursday, September 19. This fundraiser will be held at Lost Creek Golf Club located at 222 Ridge Avenue in Waverly, NS.
Cost to play is $95.00 and includes golf cart rental and chicken dinner. Prizes for closest to pin for men and women as well as longest drive for men and women will be awarded on particular holes plus more!
Contact Reena Davis at email@example.com or call 423-8105 to register your team!
Description: Are you feeling overwhelmed at the prospect of tackling your organization’s records management challenges? Not sure where to begin? Effectively managing rapidly growing amounts of information requires structured, well thought out strategies. This is particularly true given the rapidly evolving technological landscape that affects how we all create, store, access, and share information. Implementing an appropriate records management strategy is critical to your organization’s bottom line. Gain the fundamental records management knowledge that you need to meet your organization’s RM issues head-on!
This workshop will:
- Introduce the benefits of good records management
- Introduce the concept of information as “records” vs “non-records”
- Provide you with knowledge regarding industry standards, relevant federal and provincial legislation, and reliable records management resources
- Introduce the key components of a strong records management program
- Provide you with tips and techniques regarding program evaluation, file inventory, and classification system and retention schedule drafting
- Provide you with tips and techniques regarding change management and program implementation
We encourage all participants to bring laptops and/or mobile devices for interaction and note-taking purposes. Workshop registration includes a continental breakfast.
Please note that group rates are available. Contact us at 1-877-720-8320 or firstname.lastname@example.org for more information.