Reforms aim to control
large, unwieldy criminal
trials of multiple accused
CRISTIN SCHMITZ OTTAWA
The all-party support that
propelled procedural mega-trial
reforms into the Criminal Code
this month may be the closest the
new 41st Parliament ever comes
to a love-fest.
For election-weary MPs fleeing Ottawa for the summer
recess, it was a satisfying climax
to the session that began June 2.
“I have been the [NDP jus-tice] critic now for eight years
and I can’t remember one time
when we have had such unanimous support for a bill,” enthused
MP Joe Comartin, who had urged
the Conservative government to
fast-track the Fair and Efficient
Criminal Trials Act (Bill C-2).
The longtime Windsor, Ont.
criminal lawyer told The Lawyers
Weekly that “other than some
nitpicking around the edges I just
can’t remember having a time
where you saw the judiciary, the
prosecutorial side and the
defence Bar reach a consensus on
these kind of changes.”
Justice Minister Rob Nichol-
son told The Lawyers Weekly that
notwithstanding some reserva-
tions about the bill expressed by
the Canadian Bar Association, he
is confident that Bill C-2’s amend-
ments will streamline and speed
PHOTO COURTESY OF PATRICK WALTON / DEPARTMENT OF JUSTICE
OTTAWA: Justice Minister Rob Nicholson talks to reporters June 13 about his reintroduction of the mega-trial bill.
Beside him (r) is Vancouver lawyer and MP Kerry-Lynne Findlay, one of his two new parliamentary secretaries.
a process which most agree has
failed abysmally.
“I think [the CBA] may find
themselves in a minority because
the feedback that I have gotten
since last fall is positive on this,”
Nicholson noted. “Let’s imple-
ment it. Let’s have a look at it and
I think they will be pleased.”
At press time Bill C-2, intro-
duced June 13 by Nicholson and
passed without amendment by
the Commons June 22, was
expected to get Senate approval
and receive royal assent before
month’s end. (C-2 duplicates Bill
C-53, originally introduced last
November, which died on the
order paper due to the spring
federal election.)
Money laundering
stays steady
Statistics Canada reports that the
rate of money laundering in Canada
has remained steady since 2006.
In its latest report on June 21,
the agency says in 2009/2010,
Canada’s adult criminal courts
completed 138 cases involving at
least one charge of money
laundering. Of these cases, money
laundering was the most serious
offence in 85 cases. Just one-third
of the cases resulted in convictions,
as compared to two-thirds of adult
criminal court cases in general.
Money laundering charges were
stayed or withdrawn more than twice
as often (64 per cent) as crimes
generally. There were two cases of
money laundering completed that
resulted in acquittals.
Of the 29 convictions in
2009/2010, 69 per cent of offenders
were sentenced to custody— more
than double the proportion for all
other kinds of offences.
Judicial protocol
on class actions
CONTENTS
Clarification
NEWS
ONTARIO COURT of Appeal reins
in economic torts .........................1
Real Property
SCC CLARIFIES real estate
disclosure standards .................. 13
TASK FORCE will examine the
articling crisis...............................1
COURT DEFINES scope of work
for general contractors............... 13
In our June 10 edition, the story “SCC Gives Test for Trade-Mark
Confusion” noted that Kelly Gill represented the successful appellant.
Clarke Hunter and Brandon Potter of Macleod Dixon LLP in Calgary
also represented the appellant.
The Canadian Bar Association’s
National Task Force on Class Actions
is asking for feedback from lawyers
by July 8 on its recently released
draft judicial protocol.
The task force was created in
February 2010 to address the
procedural problems that arise when
lawyers in two or more provinces file
overlapping class actions.
The draft protocol relies on existing
provisions in the various provincial
class proceeding statutes to establish
a system that permits multiple, and
potentially overlapping, class actions
to move through two or more courts
in an orderly manner.
The protocol would allow those
courts to work together to make case
management orders and, if they all
agree, to name a single judge to
co-ordinate the scheduling of
procedures in the various courts or
the administration of a settlement.
PARTIES UNITE to pass mega-trial
reform bill.....................................2
BUSINESS & CAREERS
RICHES, MCKENZIE & HERBERT LLP
PATENTS, TRADE MARKS, COPYRIGHT, LITIGATION
NS reforms limitations
LSUC BENCHERS plan priorities
for 4-year term............................. 3
BIG FISH in a small pond........... 21
IS FACE time important? ........... 23
BARRISTERS & SOLICITORS - PATENT & TRADE MARK AGENTS
OPINION
OPEN VS. closed models........... 23
JEFFREY MILLER....................... 5 HOW TO manage your time ...... 25
FOCUS
LAW FIRMS help lawyers meet
CPD hour requirements .............. 26
PAUL HERBER T, 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.
BRAN T 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
Intellectual Property
COMEDIANS RARELY rely on
formal infringement claims........... 9
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
TEAM SPIRIT — or intellectual
property infringement? ............... 10
DEPARTMENTS
INFRINGEMENT APPLICATIONS
get a green light......................... 11
U.S. COURT redefines inequitable
conduct in patent prosecution.... 11
Careers ................. 21
Classified Ads ............ 19
Lawddities............... 15
Legal Briefs...............2
Names in the News......... 4
Weekly Digest............ 17
See the
DIGITAL
VERSION IN HOUSE COUNSEL In-house Counsel’s SUMMER ISSUE in this edition of The Lawyers Weekly
HOW TO handle intellectual
property infringers...................... 12
www.lawyersweekly.ca/IHC
The Nova Scotia government
seeks input from the Bar by July 24
on proposed changes to the
Limitation of Actions Act.
The most significant proposed
change in the draft bill is to replace
the various time periods with a single,
basic two-year limitation applicable to
all claims, unless those claims are
dealt with otherwise. The two-year
limitation period would run from
when the existence of the claim is
discovered or discoverable, instead of
when the cause of action arose. The
bill also creates a 15-year ultimate
limitation period.
The government says the overall
goal is to balance the interests of
claimants against the rights of
defendants to have final closure as to
potential claims, and to avoid the use
of stale evidence.
