create challenges for
Rosalind Prober, co-founder of an organization that aims to end the abuse and trafficking of children, looks on as filmmaker and lawyer Guy Jacobson speaks at
the screening of his film Holly in Toronto. LexisNexis (publisher of The Lawyers Weekly) backed the film about child trafficking.
PAUL LAWRENCE FOR THE LAWYERS WEEKLY
See story on page 3
Why insurers should
Ontario Court of Appeal rejects
routine recording of defence medicals
was adopted by their court in
Bellamy v. Johnson (1992), 8
O.R. (3d) 591.
By contrast, dissenting Justices Susan Lang and Eileen
Gillese urged that obtaining an
accurate record of a defence
medical protects the examiner
as well as the plaintiff and is
“generally in the interests of justice, absent any adverse impact
on the examiner’s ability to conduct an effective examination.”
Bellamy effectively requires a
plaintiff to show that recording
the examination is justified
because the particular defence
expert hired to assess him or her
is actually biased, or to show
some other reason particular to
the case, and that recording
would not interfere with the efficacy of the defence medical.
In Adams v. Cook, the court
decided to sit a panel of five judges
at its own behest because of the
possibility of liberalizing Bellamy.
CRISTIN SCHMITZ OTTAWA
Lawyers on why they
opt to work for small,
over big, law firms
A divided Ontario Court of
Appeal has declined to permit
personal injury plaintiffs to
combat the alleged systemic bias
of defence medical examiners by
routinely audio- or video-record-ing defence medicals.
Instead, a majority of the
court chose to refer the contentious issue to Ontario’s Civil
Rules Committee for study and
In their 3-2 decision April 22,
Justices Robert Armstrong,
John Laskin and Robert Sharpe
cited the importance of preserving a level playing field as
between the defence and plaintiffs as one reason for refusing to
rewrite the restrictive approach
to such recording. This approach
DEANA DRIVER REGINA
The Saskatchewan government has announced its plan to
dissolve its human rights tribunal
in the wake of a review of the
province’s human rights system.
But the Official Opposition and
critics have warned the dissolution risks compromising fairness
in the adjudication of the province’s human rights disputes.
The recommendation to dissolve the tribunal was one of
four made by Judge David Arnot,
chief commissioner of the Saskatchewan Human Rights Commission, based on a recent
review of The Saskatchewan
Human Rights Code. “The cen-
See Tribunal Page 5
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