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Page 2 June 24, 2013 Law Times • NEWS Government touts public safety as rationale for bill couple things: one is that it will require greater court resources to deal with these hearings because they're likely to turn into something similar to a dangerous offender hearing," he says. "The other thing is that counsel representing these individuals who are not criminally responsible at the time of their defence are going to be less likely to claim that they're not criminally responsible because they might run the risk of falling under the bill C-54 changes and therefore spend more time in custody than they might otherwise." But even review boards aren't clear on exactly how the courts will interpret the new bill if Parliament passes it. There are questions, for example, around the timing of the high-risk consideration, says Stefaniuk. "Is it going to be at the time the patient committed the offence or is it going to be at the time of the hearing, which could be much farther away?" he asks. "By that time, patients will have typically received treatment and their condition is likely to be significantly different than the time of the event itself." What's clear is that the bill seeks to lower the threshold for what it means to be a high-risk offender, Walter notes. Currently, the law requires boards to evaluate whether there's "a serious risk of serious harm," says Walter, but under the amended legislation, the threshold would consider the "risk of serious physical or psychological harm." "It has converted the probability of an offence to even a possibility of an offence," says Walter. "It means you would have to impose detention in cases of even Issuing a claim in Toronto? Filing a motion in York Region? Seeking an injunction in Halton? Serving several parties across Canada simultaneously? We'll do it all for you – quickly, accurately and efficiently. With Legal i Link™, our secure online system, you can submit, print and track the status of your request 24/7. We make the litigation support process exactly what it should be – perfectly seamless. FOR FAST, EFFICIENT LITIGATION SUPPORT SERVICES Visit www.cyberbahn.com Call 416-687-7961 or 1-800-267-0183 option 4 simply locking people up does not make society safer," he added, noting the correlation between recidivism and the length of detention. Justice Minister Rob Nicholson, however, has argued the opposite in his statements on the issue. "Our government has acted, at the request of victims and concerned Canadians, to ensure greater public safety and to enhance the role of victims in the Criminal Code mental disorder regime," said Nicholson as he announced the passing of the not criminally responsible reform act in the House of Commons last week. LT I have ever been through in 40 years in public service," he says. "It was a joke; it was insulting." The head of the Ontario Review Board, Justice Richard Schneider, wasn't available to comment by press time. But Schenider wrote a commentary piece in the Toronto Star earlier this month in which he said the discussion around the bill "is not a real debate." "Consistent with Supreme Court decisions, the review boards that manage these cases have always held public safety to be the paramount concern," he wrote. "What we do know is that Legal fees 'fair and reasonable' Continued from page 1 The decision is a part of the courts' increasing sensitivity around settlement distributions, says Jonathan Bida, an associate in the litigation group at Koskie Minsky LLP in Toronto. "The courts are not just concerned about the settlement," he says. "There's a lot more scrutiny now in how the money is going to the class. It's part of a growing trend where the courts are concerned, and rightfully so, that the claims distribution process be, I guess, effective and appropriate." The judge said it would be "inappropriate" for lawyers to profit from the process and suggested the courts shouldn't have to look into how significant that benefit is. "In my opinion, however well meaning, it is inappropriate for class counsel to indirectly benefit from a cy-près distribution and it is inappropriate for class counsel to have any direct connection with a recipient of a cy-près distribution," wrote Perell. "I think that it is undesirable for courts to have to determine whether the connection rises to any particular level. Given that there are many other worthy recipients of cy-près distributions, in my opinion, in the circumstances of the case at bar, it is not in the best interests of class members to have a cy-près distribution to FAIR Canada, and I do not approve this aspect of the proposed settlement." Perrell's concern wasn't that the donation to FAIR Canada wouldn't benefit class members, says Bida. "He does accept that idea," he says. "I don't think that's the real issue in this case. The issue is obviously the connection with Siskinds." In all fairness to Siskinds, FAIR Canada was a pro bono client, adds Bida. "It's not like they were directing a payment to a paying client," he says. "But I gather from reading this decision that Justice Perell was concerned about perception." From a practical point of view, precluding every organization that has had a link to the class counsel's firm wouldn't be viable, adds Bida, who notes that a solicitor-client relationship appears to be the "dividing line." Sorenson involved a nearly $2.3-million settlement in an action against easyhome. While Perell had concerns about the cy-près designation, he found Siskinds' request for legal fees of about $560,000 to be "fair and reasonable." LT It's what's inside that counts! ISSUE DATE July 8 July 22 August 5 August 19 September 2 September 9 September 16 September 23 September 30 October 7 October 21 FOCUS SECTION CBA FUTURES Association Follow LAW TIMES calls on lawyers to innovate CO V E R I N G O N TA R I O ' S P5 T "I am relieved to finally bill has its downsides FOCUS ON P7 Family Law P8 NOW INCLUDES Collaborative Separation Agreement 1.800.653.0925 | TIMESNEW province of con ng MAG over N Anti-SLAPP LEGAL SCE N E • W W W. L AW OPSEU accuses Union challengi BY MARG. BRUINEMA For Law Times SKEPTICAL EYE L AW TIMES on www.twitter.com/law times $4.00 • Vol. 24, No. 21 ntitled-1 1 www.divorcemate.com S . CO M June 17, 2013 tempt new independ ent body for 13-02-06 8:53 AM transcripts be getting some answers aft not knowing that er seven years of he Ontario Public for sure," says Tricia Ser- Rudy, vice Employees who Union ministry has been working for the is taking the province as a court reporter to market, in Newcourt over its Ont., since 2006. failure to abide by "I'm thrilled that the ministry recing court interpretersa ruling involv- ognises that the reporter as the government gets set of record and always has to create a new been in the best is body sition that would oversee poto their dependent contractors work as in- script produce an accurate tranand will still be offering The new process . will create a divi- option to continue working us the sion between salaried as court reporters istry employees and to also be minoverseeing the grandparented onto recording of trials the approved independent and list for contractors perform- independent transcriptio ing the resulting n." The position has transcription work. The move, according of a hybrid. While been something to OPSEU, fl in court in the face of a recent Grievance ies ing proceedings, Rudy documenttlement Board Setworks decision. In response, employee. But as a transcriber as an the union, which of those represents 650 proceedings, she's an independen court reporters, businesswoman has filed with an incorporate t tion with the Superior an applica- business d that keeps her very The province's move to have the Ministry Court asking 'flies in the face of Next January, contractorsbusy. of the Attorney the arbitrator's ruling,' General found regulated by an independen says Jim Jurens. in contempt. "The ministry researched Under the new body will produce t administrative transcript the Photo: Robin Kuniski production models court reporting and service. all certified tranporters working scheme, court re- scripts It's going to be for in place for risdictions across done in will oversee in-courtthe government family Ontario's criminal, civil, and Canada and the in other ju- says Joanne court systems. Hardie, president a different way," digital recordThe change will the technology currently available, United States, porters' ings of the proceeding of the Court ReAssociation of needs of and s. Contracted take the work outside of the Ontario. court transcriptio OPSEU Ontario," a jurisdiction as large and the unique "If the integrity bargaining unit. nists on a panel complex as The governmen of the record said overseen by an to be  preserved t will spokesman Ministry of the Attorney is to continue independent body list create the independen at the highest General for Jason Gennaro. t body to then take over. will possible standard the  people of Some court reporters minister transcript production ad"The proposed this province are happy with framework is maintain a publicly and the proven the new arrangemen consistent with served, and for the profession to be properly approach t. court transcriptio accessible list of of court reporting many internation in most other provinces and to remain the same, those nists. fundamental goals will al jurisdictions. only be successful " "It's going to be if we accept the the same basic change." The province product and offered existing court reporters Man suing lawy ers fights vexatiou s litigant ruling BY YAMRI TADDESE See Long-stand ing, page 4 his affidavits. During Times the June 11 hearing, appeal In his developer court Justice John days, MalaLaskin made a n the last two decades, mas got into remark about a dispute with William length the occupant Malamas has the of Malamas' claim bank and sued sued dozens of but asit for sured him that parties, many of the court had read arrears and damages for rent them lawyers, breach it all. in numerous of the lease. In actions. Now, the as he appeals In the last 20 he sued virtually coming years, a Superior Court judge's order self-represented years, the now who represented all of the lawyers declaring him litigant has spent him in that litivexatious litigant, a more than gation and $1 estate developer the former real costs, he tells million in legal be involvedother cases he came to Law Times. "In says the justice in. system has failed the documents According to court end, I couldn't him. , Malamas keep "The system why now I'm doing it up. That's lawyers "developed argues the has failed me this alone." an attitude of miserably," he Malamas' long says legal saga began increasing malice" toward side the Ontario as he sits out- some time in him during their the early Court representation following arguments of Appeal he was the landlord 1980s when him. of of a Danforth last week challenging a The law firms The Ontario Court June 2012 decision Avenue property in Toronto named in variof that had the National decision on William Appeal has reserved its barring him from bringing Bank of Greece ous lawsuits over the years, any as its tenant. some vexatious litigant Malamas' appeal of the more application of which no He would later s. finding. lose McCarthy longer exist, include He lugs a box his property when Tétrault LLP, eral thick binders carrying sev- hit and his mortgage the recession Laar & Toome Bell, Raphael that include value of the property. exceeded the Corp., Goodman Professional and Carr LLP, Law I AD CLOSING ONTARIO LAW YER COMPLETE DIRECTO 'S PHONE BOO See Phone, page YOUR MOST RY OF ONTARI More detail and a wider scope O Ontario than any other source: of legal contact information for 26,000 lawyers 9,000 law firms and corporate offices OLPB_LT_Feb11 _13.indd 1 Legal Specialists & Boutiques Forensics/Private Investigators Corporate/Commercial Law Pensions Law Class Actions Human Rights Law Competition Law Intellectual Property/Trademark Law Litigation Insurance Law Trusts & Estates Law 4 K 2013 LAWYERS, LAW FIRMS, JUDGES AND COURTS Visit carswell.com or call 1.800.387.5164 for no-risk evaluation a 30-day June 26 July 10 July 24 August 7 August 21 August 28 September 4 September 11 September 18 September 25 October 9 13-02-06 12:58 PM To advertise In an upcoming issue of Law Times, contact our sales team: Karen Lorimer 416-649-9411 • karen.lorimer@thomsonreuters.com Kimberlee Pascoe 416-649-8875 • kimberlee.pascoe@thomsonreuters.com www.lawtimesnews.com News, Commentary, Focus Sections, Analysis, Caselaw CYBERBAHN LITIGATION SUPPORT SERVICES ™ minor and even speculative risk beyond what's required to manage the individual accused's risk." The high-risk designation would look at the brutality of the offence, "which is really, in science, not a good predictor," he adds. "It just is not based on any sort of logical thread of structured decision-making." A few weeks ago, Walter presented his views before the House of Commons standing committee on justice and human rights ahead of second reading of the bill. The response was disappointing, he says. "It was the most condescending, dismissive, mock consultation PM #40762529 Continued from page 1

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