The Lawyers Weekly - May 27, 2011

TALKING TO KIDS
Why judges need
to talk to kids
HIRING
SMARTPENS

CRISTIN SCHMITZ OTTAWA

Novel ad hoc breach of fiduciary duty claims against governments will “rarely” succeed and judges should not permit “ speculative” or “hopeless” claims to proceed to trial, the Supreme Court has admonished.

On May 12 the top court left
the door ajar for such fiduciary
duties to be imposed on govern-
ments in future, but emphasized
that “the circumstances in which
this will occur are few.”
The court’s 9-0 judgment in
Alberta v. Elder Advocates of
Alberta Society permits a multi-
million-dollar class action
brought by Alberta nursing home
residents against the province to
proceed to trial with the plain-
tiffs’ unjust enrichment and s. 15
Charter equality rights claims.
But in partially allowing
Alberta’s appeal against the cer-
tification of the class action, the
high court struck out, for dis-
closing no cause of action, the
plaintiffs’ other pleas that the
Crown was negligent, acted in
bad faith in exercising its dis-
cretion and breached its fiduci-
ary duty to them.
The class comprises more
than 12,500 people who have
resided at provincial long-term
care facilities since Aug. 1, 2003.
They (or their estates) contend

Claims against
government will ‘rarely’
succeed: top court
Class counsel Allan Garber of Edmonton says Chief Justice Beverley McLachlin makes noteworthy statements on the
law of unjust enrichment, fiduciary duty and class certification.

DAN RIEDLHUBER FOR THE LAWYERS WEEKLY

See Fiduciary Page 3

THE LAWYERS WEEKLY
Vol. 22, No. 27 NEWS FOR THE LEGAL PROFESSION December 6, 2002
THE LAWYERS WEEKLY
VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002
PAGE 9
MIGHTY JUDGMENT
Book offers sanitized
look at the SCC
PAGE 13
Law firm hiring on rise
PAGE 21
BC law society expands powers of articling students
JEREMY HAINSWORTH VANCOUVER

Articling students in B.C. will have an expanded role in representing clients as of Sept. 1 after the Law Society of British Columbia (LSBC) approved amendments to credentialing rules May 13.

The change means access to
certain legal services for the public
at lower rates than a lawyer would
charge.

But, benchers heard, principles or supervising lawyers need to be aware there will be disciplinary if not insurance consequences if work isn’t supervised properly.

Bencher David Renwick told
benchers the change means there
will be 300 more people available
to handle cases and improve access
to legal services.

Renwick said students would be allowed to provide all legal services a lawyer can provide on the proviso they are competent, properly supervised and properly prepared to provide those services.

LSBC disciplinary committee
chair Art Vertlieb added that
there will be
serious disci-
plinary conse-
quences if stu-
dents are not
adequately
supervised.
“That’s really
critical that
that’s brought home,” he said.

According to a May 3 memo from the credentials committee, under the newly adopted rule articling students must not appear as counsel on an appeal in the Court of Appeal, the Federal Court of Appeal or Supreme Court of Canada, in a civil or criminal jury trial or on a trial proceeding by way of indictment in B.C. Supreme Court unless the principal or another practising lawyer is in attendance at the time that the court appearance is made and is directly supervising the provision of the service.

In other words, an articled stu-
dent may lead evidence or make
submissions under supervision.

As well, a student must not give or accept an undertaking unless their principal or another practising lawyer supervising the student has also signed or accepted the undertaking.

“They opened the door in the
right direction to help the pub-
lic,” said bencher Ken Walker,
who was lauded for the push to
begin an expanded role for stu-
dents in Kamloops, B.C. “It is a
high step forward and it is in the
public interest.”
“Students represent the future
of our profession and we, the
benchers, have a responsibility to
encourage, supervise and mentor
these students,” he said.
See Students Page 27

Vertlieb

THE LAWYERS WEEKLY

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

Smartpens way of future?

PAGE 24

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