THOMAS CLARIDGE TORONTO
For the first time in its 204-
year history, the Law Society of
Upper Canada (LSUC) is requiring its practising licensees to
keep abreast of the changing
legal landscape by spending at
least 12 hours annually in “
Continuing Professional Development” (CPD).
Although the title has supplanted Continuing Legal Education (CLE) as better reflecting the
myriad activities that will qualify
for the 12-hour requirement, a
quick scanning of the programs
already in place suggests most, if
not all, all involve some form of
legal education.
Denise McCourtie of LSUC’s
Communications Department
says CPD has been defined “as
the maintenance and enhance-
ment of a lawyer’s or paralegal’s
professional knowledge, skills,
attitudes and ethics throughout
the individual’s career.”
As the result of bylaw amend-
ments passed by Convocation last
October, the CPD requirement
applies to all licensed lawyers and
paralegals who pay full fees, as
well as some who enjoy partial or
full fee exemptions.
The revised Bylaw 6.1 requires
each licensee to complete “one
hour of eligible activities for each
calendar month in the year during which for any amount of time
the licensee practises law in
Ontario as a barrister and solicitor or provides legal services in
CONTENTS
NEWS
THE TOP court’s 2010 track record
analyzed .......................................1
B.C. CRIMINAL lawyers withdraw
services to protest funding cuts...1
CONTINUING EDUCATION is now
mandatory in Ontario....................2
QUEBEC’S CORPORATE law
overhaul draws widespread praise.. 3
FORMER JUDGE focuses on
helping the needy......................... 4
OPINION
JEFFREY MILLER....................... 5
FOCUS
Ontario, of the total of which
hours at least 25 per cent shall
consist of eligible activities that
are accredited by the Society cov-
ering ethics, professionalism or
practice management topics.”
However, on application by a
licensee, the law society may in
any year “exempt the licensee
from the requirement…or reduce
the number of hours of eligible
activities that the licensee is
required to complete.”
Subject to the same potential
exemption, new lawyers and
paralegals licensed after May 31,
2010, will have to complete 24
hours of the eligible CPD activ-
ities within two years, with the
same requirement that at least 25
per cent of the time involve “eli-
gible activities that are accredited
by the Society covering ethics,
professionalism or practice man-
agement topics.”
The law society’s recently
revamped home page on the law
society’s website includes an
“upcoming CPD” feature that
provides quick access to rel-
evant events and publications,
including a single seminar on
Jan. 11 that would provide a
CPD credit of six hours (half the
2011 requirement).
The website describes the daylong Oatley-McLeish Guide to
Motor Vehicle Litigation at
Osgoode Hall as a “staple” for
litigators’ professional development plans, combining “a discussion of important legal issues
with an exploration of effective
strategies and helpful practice
Energy Law
THE MURKY legal nature of B.C.’s
development moratoria .............. 13
ONTARIO MOVES forward with
energy initiatives........................ 14
BUSINESS & CAREERS
THE NAME game: Lawyers use
name to their advantage............ 19
tips. Updates in personal injury,
insurance, and tort law will save
you hours of research and time.”
For those unwilling or unable to
attend in person, the seminar will
be available by live webcast “from
the convenience of your home or
office computer.”
Attending other scheduled
events this month would allow a
licensee to meet the full 12-hour
obligation in installments ran-
ging from 2.5 to four hours. They
include two “Practice Gems” on
Jan. 12, Title and Off-Title
Searching 2011 and Construction
“Experienced lawyers
and paralegals may
also count
programming offered
by other suppliers
toward their
requirement, provided
it meets the CPD
definition.
Lien Essentials 2011; The Annotated Employment Agreement
2011 and the 25th Annual Intellectual Property: The Year in
Review (Toronto) on Jan. 13; an
FSCO Update for Paralegals on
Jan. 14; Case Conferences and
Motions in Family Law on Jan.
20, and Effective Management
Processes on Jan. 26.
McCourtie told The Lawyers
Weekly that the law society itself
“will be holding at least 130 programs in 2011.” (A list of its currently planned programming is
on the website at http://ecom.
lsuc.on.ca/home/index.jsp.)
“Experienced lawyers and
paralegals may also count pro-
gramming offered by other sup-
pliers toward their requirement,
provided it meets the CPD defin-
ition,” she said. “Unaccredited,
substantive programming may
count toward nine of the 12
required hours, for experienced
lawyers and paralegals.”
A calendar of programs
accredited as of Dec. 17 shows an
interesting mix of events planned
by LSUC, third parties such as
the Canadian and Ontario Bar
Associations, the Advocates’
Society, Osgoode Professional
Development as well as some pri-
vate sources, among them No
Panic Computing. However, the
Hamilton and Toronto Law Asso-
ciations and the Defence Counsel
Association of Ottawa were the
only local law associations on the
list, and among post-secondary
institutions, Algonquin College
had the lone entry, in the form of
a paralegal conference on Feb. 11
that will count for up to five
hours of the mandatory CPD.
CJC to review
misconduct complaint
The Canadian Judicial Council
(CJC) says it has rejected a bias complaint against Manitoba Queen’s
Bench Associate Chief Justice Lori
Douglas, but will delve further into a
separate complaint alleging sexual
harassment and discrimination.
On Jan. 5, the disciplinary body said
there was “no evidence to support”
the allegations “based on speculation,
hearsay and assumptions” made by a
Winnipeg woman who complained of
perceived judicial bias. She contends
she did not get a fair hearing from
Justice Douglas in 2008 when she
unsuccessfully filed for a prevention
order against her “sex addict” ex-husband. The complainant alleged that
the judge had a personal relationship
with the complainant’s ex-husband
and should not have heard the case.
Outside CJC counsel, Wendy Harris of
Vancouver’s Harris and Co., agreed
that the woman’s complaint was
unsupported by evidence.
The CJC also said it has referred to
a review panel of three CJC members
and two other judges a separate
complaint by Alex Chapman alleging
sexual harassment and discrimination — allegations which remain
unproven. The panel will decide if the
complaint should be dismissed or
other measures should be taken.
New Information and Privacy
Adjudicator
Reforms to Manitoba’s Freedom of
Information and Protection of Privacy
Act (FIPPA) kicked in Jan. 1.
They include the creation of the
office of the information and privacy
adjudicator. As the first adjudicator,
Ron Perozzo, the provincial conflict of
interest commissioner and registrar
for the Lobbyists Registration Act in
Manitoba, will help to resolve access
and privacy complaints. The present
ombudsman model has successfully
resolved 95 per cent of all access and
privacy cases, and raised public
awareness about access and privacy
issues, the government said.
However, difficult cases sometimes
require independent review by an
adjudicator because the parties cannot agree.
The FIPPA amendments give
the ombudsman another method
of resolving access and privacy
complaints.
Workers’ Compensation
Act to be updated
Insurance Law
JUDGE DEEMS case too complex
for jury.......................................... 8
RICHES, MCKENZIE & HERBERT LLP
PATENTS, TRADE MARKS, COPYRIGHT, LITIGATION
BARRISTERS & SOLICITORS - PATENT & TRADE MARK AGENTS
DEPARTMENTS
NEW REPORTING standards
redefine insurance contracts...... 10
INSURERS’ DUTY of good faith
remains unclear.......................... 12
Careers . . . . . . . . . . . . . . . . . 19
Classified Ads . . . . . . . . . . . . 17
Lawddities. . . . . . . . . . . . . . . 10
Legal Briefs. . . . . . . . . . . . . . .2
Names in the News. . . . . . . . . 4
Weekly Digest. . . . . . . . . . . . 15
PAUL HERBERT, B.SC., PHM., R.PH, LL.B., J.D., PH.D.
DAN HITCHCOCK, B.ENG. (ELEC. ENG.), LL.B.
JEFF PERVANAS, B.A.SC. (ENG. SCI.), LL.B.
BOBBY ATHWAL, B.A.SC. (MECH. ENG.), M.A.SC., LL.B., J.D.
BYRON THOM, B.A.SC. (ENG. SCI.), LL.B.
BRANT LATHAM, B.A.SC. B.SC. (CHEM. ENG.), LL.B.
GARY M. TRAVIS, B.SC. (GEOL.), LL.B.
MICHAEL ADAMS, B.ENG. (MECH. ENG.), B.SC., LL.B.
MICHAEL YUN, B.SC. (BIOCHEM), J.D.
TRADE MARK AGENT MARTA TANDORI CHENG
N.S. LAUNCHES ‘long overdue’
auto insurance review................ 12
2 BLOOR ST. EAST, SUITE 1800
TORONTO, ONTARIO M4W 3J5
ESTABLISHED 1887
TELEPHONE: (416) 961-5000
FAX: (416) 961-5081
E-MAIL: riches@patents-toronto.com
A committee appointed to recommend improvements to
Saskatchewan’s Workers’
Compensation Act will begin public
hearings early in 2011, and follow up
with a report later this year.
The Committee of Review, chaired
by Dr. Roslyn Kunin, comprises an
equal number of employer and union
representatives from the mining,
manufacturing, construction and
health-care sectors.
