The Lawyers Weekly - January 15, 2010

REASONABLE NOTICE

Highlights

MDPs SCC appts
must be
non-
partisan:
McLachlin CRISTIN SCHMITZ OTTAWA
B.C.’s law society
allows multi-disciplinary
partnerships

PAGE 3

SAYING SORRY

Why apology legislation benefits insurers

PAGE 9

EXPORTING ENERGY

See McLachlin Page 27

As she begins her 11th year as Canada’s top judge, Chief Justice Beverley McLachlin says she anticipates that issues of security and diversity will be prominent themes at the Supreme Court in coming years.

In a wide-ranging, exclusive
interview granted to mark her
10th anniversary as chief justice
Jan. 7, 2010, the Chief Justice of
Canada acknowledged “it’s
always difficult to predict the
future, but based on what we
are living now, I think we will
continue to see tensions
between individual rights and
security concerns—that will be
probably a big issue. I think we
will continue to see concerns
about federalism—the line
between provincial jurisdiction
and federal jurisdiction—there
seem to be a number of issues
percolating out there. [And]
diversity will continue probably
to raise a number of cases. By
diversity, I mean that you have
minority groups who have par-
ticular religious practices or
[other practices] that many
come into tension with majori-
tarian practices.”
She quickly adds “of course
we will continue to have our
usual criminal law cases —
criminal law is always very, very
important for any nation and
for the day-to-day practice of
law [and] we continue to do a
significant amount of commer-
cial and tort work. We think
that’s an important part of the
court’s agenda. So those are just
some of the things that I think

Kirk Stevens was counsel for the plaintiff in a decision that affirmed the existence of ‘dependent contractors.’

PAUL LAWRENCE FOR THE LAWYERS WEEKLY

See story on page 2

Lawyer suspended for courtroom conduct

Canada faces challenges in the new green economy

PAGE 15

TRACEY TYLER TORONTO

The Law Society of Upper Canada (LSUC) has taken professional discipline into new territory, handing a former Ottawa defence lawyer a six-month suspension for conduct inside a courtroom that included incivility and unfounded attacks on opposing counsel.

Law society disciplinary panel chair Vern Krishna had harsh words for Kevin Mark Murphy at the end of the Jan. 4 hearing, calling his performance during two-years of pre-trial motions at the Julia Elliott murder trial, beginning in 1997, “just about the most dishonorable and disrespectful” display ever witnessed in a Canadian courtroom.

“You ought to be thoroughly
ashamed of yourself for your
behaviour,” Krishna told
Murphy, 52, who for the past
two years has served as coun-
sel with the Department of
Public Prosecutions of Canada.

JOB HUNT

How to find a legal job in 2010

PAGE 21

FIXED FEES

The year of fixed fees?

PAGE 22

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