The Lawyers Weekly - January 21, 2011

The SCC’s winter session

Highlights

See story on page 3

Sophie Dormeau will be arguing a case at the Supreme Court this month on the rights of lawyers to criticize judges.

USE IT OR LOSE IT

Trade-mark owners
must justify non-use

WASSIM NJEIM FOR THE LAWYERS WEEKLY

PAGE 9

Anti-SLAPP advisory panel pushes for expedited review process

CLIMATE CHANGE

LUIS MILLAN MONTREAL
Climate change losers
may target municipalities

A free-standing statute with focused remedies such as an expedited review process and a statutory recognition of qualified privilege anchor a series of comprehensive recommendations made by a blue-ribbon panel of legal experts who are calling on the Ontario government to enact legislation to crack down on strategic lawsuits against public participation, otherwise known as SLAPPs.

In the wake of rising concerns over the growing use of litigation to silence critics who speak out on matters of public concern, notably in environmental disputes, the advisory panel appointed by the Attorney General of Ontario recommends new legislation, distinct from existing rules, that would “help to encourage” courts to apply remedies to protect expression on matters of public interest from undue interference.

The 26-page report, made pub-
lic just before the Christmas holi-
days, points out that while there is
“no question” that in principle cur-
rent law—be it in common law,
the Courts of Justice Act and the
Rules of Civil Procedure — offers
remedies against abuses of pro-
cesses, these remedies are “not
effective” as the courts are often
reluctant to dismiss cases on pre-
liminary motions based on affi-
davit evidence and oral argument.

More than 60 Ontario municipal-
ities, including Mississauga and
Hamilton, have passed resolu-
tions calling for a law to rein in
SLAPPs. A 2008 report of the
Environmental Commissioner of
Ontario stressed the need for
legislation to end SLAPPs. More
recently still, a bulletin from the
Lawyer’s Professional Indemnity
Company (LawPRO) cautioned
lawyers engaged in public advo-
cacy work that they might need
supplementary liability insurance
“There seemed to be quite a
broad sense that something
needed to be done about this issue,
and so we certainly considered
that,” remarked
Mayo Moran,
the chair of the
anti-SLAPP
advisory panel
and dean of the
faculty of law at
the University of
Toronto.

because of the increasing risk of SLAPP legislation — a development that the advisory panel found noteworthy. “Out of the 31 written submissions the panel received and eight oral presentations it heard, the overwhelming majority supported the introduction of special legislation against SLAPPs.

DOWNTOWN

Big law firms still opt to
have offices downtown

PAGE 20

“The Panel believes that the value of public participation is sufficiently weighty that the government should take active steps to promote it by enacting targeted legislation.

SOCIAL MEDIA

Raise your profile using
social media tools

PAGE 21

To ensure your clients get the most comprehensive coverage in one title insurance policy, take a look at the TitlePLUS® Program1, your Bar-related® real estate partner!

1-800-410-1013

titleplus.ca

1 Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers’ Professional Indemnity Company (LAWPRO®)/ Assurance LAWPRO®. Assurance LAWPRO is the registered name used in Québec by Lawyers' Professional Indemnity Company. Contact LAWPRO for brokers in Saskatchewan, Manitoba, Alberta and Québec. TitlePLUS policies issued with respect to properties in Québec and OwnerEXPRESS® policies do not include legal services coverage.