THE LAWYERS WEEKLY
September 17, 2010 | 3
Law society wants
to limit its role in
determining suitability
JEREMY HAINSWORTH VANCOUVER
The Law Society of B.C.
(LSBC) says its role in selecting
special prosecutors in the province should mirror the process
used in examining candidates for
judicial appointments. It wants
to limit its role to conducting
records searches to determine
society histories of lawyers in
determining suitability of a special prosecutor position.
In a memo to benchers, Jef-
frey Hoskins said it would be
necessary to amend LSBC R.
3-3( 2) in order to disclose infor-
mation relating to complaints
that do not result in a citation
being issued.
McGee
are otherwise
conflicted. Nor
will the society
make sugges-
tions or recom-
mendations of
candidates or
vet or approve
lists of them.
In a letter to
The society notes the branch
will periodically forward to the
See Prosecutor Page 8
Toronto should be a ‘global centre for commercial arbitration,’
says Ontario Chief Justice Warren Winkler to local group
Private arbitration frees
up valuable court time,
says province’s top judge
THOMAS CLARIDGE TORONTO
Ontario’s chief justice has
welcomed formation of the
Toronto Commercial Arbitration Society (TCAS) as an
important organization that
will “promote Toronto as a
global centre for commercial
arbitration” and promised the
courts’ close cooperation when
the need arises.
Addressing a reception held
to celebrate the launch of a new
website with the initial unwieldy
address
torontocommercialar-bitrationsociety.com, Chief Justice Warren Winkler said that
with his personal interest in
alternative dispute resolution
well known, “it should come as
no surprise to this group that I
support your goals and the
vision the Society reflects.
“In my experience, properly
conducted private dispute reso-
lution can only serve to enhance
the effectiveness and efficiency
of the justice system. In other
words, it is not in competition
with the courts but rather serves
a complementary role to them.”
The chief justice said he also
sees the availability of private
arbitration as an access to jus-
tice issue. “When the parties
select arbitration, they free up
valuable court time and thus
shorten waiting times for other
litigants. To this extent, private
arbitration is the only expand-
able resource available to the
traditional court system. It can
and does have a streamlining
effect on the flow of litigation
generally.”
Most importantly, he said,
“those of us in the courts respect
the freedom of choice of the
parties to select private com-
mercial arbitration to resolve
their disputes.”
He also applauded the soci-
ety’s decision to promote
Toronto as a location of choice
for international and commer-
cial arbitrations. “Here, in the
heart of Toronto, we have cor-
porate head offices, top-flight
universities, splendid restau-
rants, outstanding hotels and a
thriving arts community which
is right now in the midst of its
annual and world-renowned
film festival.”
Acknowledging that few
commercial transactions wind
up in disputes, he said that
when they do, “an effective dis-
pute resolution system must be
there for when it is needed.
With respect to private arbitra-
tion that means you need com-
petent counsel, a group of
skilled arbitrators to choose
from and an outstanding court
system, all working together for
a common purpose. Toronto is a
place that meets all those
requirements.”
Chief Justice Winkler said he
is firmly convinced that having
a “responsive, independent,
impartial and effective court
gives Ontario an inside track
when corporations are making
decisions about where to arbi-
trate their disputes. In promot-
ing Toronto as a centre of excel-
lence for commercial
arbitrations, this positive and
dynamic relationship between
the world of ADR and the courts
is a significant additional bene-
fit to the parties.”
The TCAS mission statement
calls for the society “to promote
and develop in Toronto a world
centre for arbitration excellence
to resolve international and
domestic disputes by providing
qualified arbitrators, excep-
tional facilities, experienced
counsel, innovative research,
and a supportive legal environ-
ment regardless of the location
of the parties or their systems of
law.”
It also calls for promotion of
arbitration to resolve commer-
cial disputes, “by developing
alliances with other arbitral
organizations and centres of
learning, sponsoring inter-
national conferences featuring
pre-eminent practitioners as
speakers, advocating supportive
international and domestic
legislation, and providing a
forum and network for the
exchange of ideas on all aspects
of international and domestic
arbitration [while] promoting
an understanding of available
rules and arbitral institutions to
facilitate commercial arbitra-
tion.”
Although few women were
present at the reception, held at
Osler, Hoskin & Harcourt LLP,
TCAS chair Earl Cherniak of
Lerners LLP said he knows
many women lawyers are work-
ing in the field and he expects
them to become members as the
society and its work become
better known.
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