Law Times

December 9, 2013

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VICTIM SURCHARGES BUSINESS PROSPECTS Cautious optimism for Bay Street firms Follow LAW TIMES on $4.00 • Vol. 24, No. 40 P4 FOCUS ON Defence should take note of new changes P6 Criminal Law L aw TIMes P8 CO V E R I N G O N TA R I O ' S L E G A L S C E N E • W W W. L AW T I M E S N E W S . CO M ntitled-4 1 December 9, 2013 12-03-20 10:44 A 'Unprecedented period' means big legal bills FOI shows $50 million in hospital payments to lawyers over five years BY YAMRI TADDESE Law Times A s the provincial government continues to introduce a range of new health laws, records show hospitals are spending big money on legal services as they seek to understand the rules. According to information gathered through a series of freedom of information requests, 15 of Ontario's teaching hospitals collectively paid more than $50 million to lawyers from 2007-12, a period that saw a wave of new statutes introduced in the health sector. The ability to seek information on hospitals' legal spending is itself a result of a new statute that placed them under the Freedom of Information and Protection of Privacy Act last year. "The government has had a very ambitious legislative agenda for hospitals, so there have been a lot of new statutes affecting hospitals," says Lynne Golding, chairwoman of the health law practice at Fasken Martineau DuMoulin LLP. "The minister of health would herself tell you that it's been an unprecedented period for legislative change for hospitals." In addition to applying the Freedom of Information and Protection of Privacy Act to hospitals, the government has also introduced the Excellent Care for All Act, the Broader Public Sector Accountability Act, and numerous changes to other regulations. "Of course, every time there is a new law that hospitals are subject to, they need advice and assistance in terms of implementing those regimes," says Golding. According to records obtained by Law Times on hospital legal spending, the highest-billing lawyers from 2007-12 were at major law firms with health law departments. Borden Ladner Gervais LLP, Faskens, Miller Thomson LLP, and Osler Hoskin See UHN, page 2 The Hospital for Sick Children paid about half of its legal spending to Borden Ladner Gervais LLP from 2007-12. SickKids' spending was among the highest for the teaching hospitals analyzed. Photo: Laura Pedersen Court finds Heydary in contempt Law Times A A judge's endorsement notes Javad Heydary left the country on Nov. 15. s questions continue on the whereabouts of lawyer Javad Heydary, a judge has found him in contempt of court for contravening her order to hand over client funds. On Nov. 29, Superior Court Justice Julie Thorburn found Heydary in contempt for "deliberately or recklessly" contravening her Nov. 14 order asking Heydary Hamilton Professional Corp. to return the money to a Mississauga, Ont., couple the firm once represented in a commercial dispute. The Law Society of Upper Canada took trusteeship over Heydary Hamilton after Heydary left the country following the order to pay $2.1 million of the $3.6 million held in trust for clients. At the contempt hearing on Nov. 29, counsel for Robert Hamilton, who appears on official records as a co-director of Heydary Hamilton, told the court his client doesn't recall ever consenting to be a director of the firm and hasn't been a part of it since 2003. David Shiller, who represented Heydary Hamilton, also removed himself as counsel for Heydary, citing loss of confidence in the solicitor-client relationship. The last he heard of Heydary was prior to the court-imposed deadline to return $2.1 million to Samira and Hasan Abuzour. At that time, Heydary told his counsel and another lawyer at his firm, Darren Smith, that he would take care of the matter himself, court heard. Simmons Da Silva + Sinton LLP counsel Ray Thapar, who's representing the Abuzours in their action against Heydary, said he would be calling Shiller as a witness. Since a Nov. 25 ex parte order granting trusteeship, the LSUC hasn't been able to get in touch with lawyers "who still consider themselves a part of that [Heydary Hamilton] structure," said Nadia Musclow, counsel for the Law Society of Upper Canada trustee services. "We still don't have all the details we would typically have in a report," she added. To date, no one is sure about PM #40762529 BY YAMRI TADDESE See Sentence, page 2 A DAILY BLOG OF CANADIAN LEGAL NEWS [ WWW.CANADIANLAWYERMAG.COM/LEGALFEEDS ] LegalFeeds-BB-LT-Apr23-12.indd 1 POWERED BY CANADIAN LAWYER & LAW TIMES 12-04-16 11:56 AM

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