Billions of dollars invested, not a penny lost.

Copyright Act to expand
fair dealing exceptions
PAGE 10

INSURANCE

CHRISTOPHER GULY

In a case that will be of interest to early retirees who have been hurt on the job, a court in New Brunswick has ruled that Canada Pension Plan payments must not be deducted from benefits received under the province’s Workers’ Compensation Act.

The New Brunswick Court of
Appeal agreed with an appeals
tribunal decision that had con-
cluded CPP retirement benefits
don’t qualify as supplementary
benefits under s. 38.11 ( 9) of the
Act since they constitute “income
earned prior to the compensable
injury and not ‘in respect of the
injury or recurrence of the injury.’”
Saint John lawyer Matt Let-
son, who represented J.D. Irving
in the unsuccessful appeal, said
the ruling clarified a longstand-
ing issue in which employers
believed that New Brunswick’s
lawmakers intended social bene-
fits, such as CPP, be included as
supplementary benefits under
the legislation and therefore
could be deducted from workers’
compensation benefits.
“The court felt that could
result in some potential unfair-
ness to a small number of work-
ers and that a narrow inter-
pretation of that section of the
Act could eliminate the unfair-
ness,” said Letson, an associate
with Lawson Creamer.
The appeal court decision
was rendered in J.D. Irving,
Limited (Sussex Sawmill) v.
Wayne Douthwright and Work-
place Health, Safety and Com-

See CPP Page 23 THE LAWYERS WEEKLY

‘Civility’ prosecution nears end

Vol. 22, No. 27 NEWS FOR THE LEGAL PROFESSION

B.C. retirees lose battle over retirement benefits

December 6, 2002

PAGE 14

DIGITAL SHREDDING

MEGAN O’TOOLE

Ontario’s top court is hearing
an appeal of a ruling that struck
down key provisions of the law
governing access to marijuana for
medical use.
In asking that the decision be
set aside, the federal government
will rely on what it argues is a ser-
ies of “palpable and overriding
errors” by Superior Court Justice
Donald Taliano, who last year
stayed a production charge
against Toronto marijuana activ-
ist Matthew Mernagh.
The appeal, scheduled to
begin on May 7, is the latest
legal battle over the federal gov-
ernment’s medical marijuana
scheme, aspects of which have
been ruled unconstitutional by
courts a number of times over
the past decade. The Canadian
Civil Liberties Association, the
B.C. Civil Liberties Association
and a coalition of groups repre-
senting people who are HIV-
positive have been granted
intervener status by the Court of
Appeal in R v. Mernagh.
In his decision, Justice Taliano
accepted Mernagh’s contention
that the federal Marihuana Med-
ical Access Regulations (MMAR)
made it too difficult for patients in
need to access the drug. The
Superior Court judge simultan-
eously struck down the regulations
and the associated prohibitions
See Marijuana Page 4
The Law Society of Upper
Canada is arguing that Joseph
Groia is unrepentant about his
conduct during the insider trad-
ing trial of a former Bre-X execu-
tive, scornful of his disciplinary
proceeding and has problems
even saying the word “civility.”
In response, counsel for Groia
is alleging that the Law Society
has exceeded its jurisdiction, is
infringing on the independence
of the judiciary and trying to
serve as a “censorship board” for
lawyers in Ontario.

The heated rhetoric is contained in extensive written submissions filed with a Law Society disciplinary panel, in advance of final oral arguments that took place on April 24 and 25 in Toronto.

Groia, a former director of enforcement at the Ontario Securities Commission (OSC), was served with a notice of application in November 2009, alleging that he engaged in professional misconduct while defending former Bre-X geologist John Felderhof at his insider trading trial.

The Law Society prosecution is based on the conduct of Groia during the first phase of the Felderhof trial, between December 1999 and April 2001. Groia is

Toronto lawyer Paul Lewin is arguing the federal government’s medical marijuana rules limit access for authorized users.

PAUL LAWRENCE FOR THE LAWYERS WEEKLY

See Groia Page 2

Federal government seeking to uphold MMAR provisions

Cannabis rules challenged

THE LAWYERS WEEKLY

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

STB_LW_basebar_03_12v2_STG 3/15/12 4: 24 PM Page 1

SHANNON KARI

Social media hinders
e-evidence preservation
PAGE 20

DEVELOPMENT

On-demand learning
gaining traction
PAGE 21

The title insurer that puts you front row, centre

Putting the legal community front and centre has made us the #1 choice with Canadian lawyers/notaries for over a decade. Stewart Title does not support programs that reduce or eliminate the lawyer’s/notary’s role in real estate transactions.