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December 9, 2013

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Page 2 December 9, 2013 Law Times • NEWS UHN tops for lawyer payments at $13 million Top billing lawyers or law firms at 15 Ontario teaching hospitals from 2007-12 Health Sciences North* St. Jospeh's Healthcare Hamilton University Health Network Hamilton Health Sciences Women's College Hospital Kingston General Hospital Thunder Bay Regional Health Sciences Centre Children's Hospital of Eastern Ontario St. Joseph's Health Care London Hotel Dieu Hospital of Kingston Mount Sinai Hospital The Hospital for Sick Children Ottawa Hospital St. Michael's Hospital London Health Sciences Centre Continued from page 1 & Harcourt LLP turn up multiple times on individual hospitals' lists of the the top-three firms for legal billings. While the largest law firms tended to have the highest billings, lawyer Mary Jane Dykeman of Dykeman Dewhirst O'Brien LLP received the top amount from Mount Sinai Hospital over that period. The University Health Network, which spent Miller Thomson LLP ($549,934) Miller Thomson LLP ($833,123) Borden Ladner Gervais LLP ($3,113,000) Evans Philp LLP ($1,420,529) Stikeman Elliott LLP ($1,488,395) Hicks Morley Hamilton Stewart Storie LLP ($937,113) Miller Thomson LLP ($742,060) Emond Harnden LLP ($345,104) McKenzie Lake Lawyers LLP ($1,336,553) Borden Ladner Gervais LLP ($474,100) Mary Jane Dykeman ($424,592) Borden Lardner Gervais LLP ($3,430,982) Emond Harnden LLP ($3,414,645) Fasken Martineau DuMoulin LLP ($938,632) Fasken Martineau DuMoulin LLP ($1,615,151) $13 million — the highest among the institutions' legal billings during the period in question — paid BLG $3.1 million. BLG also took in almost half of the $7 million the Hospital for Sick Children spent on legal matters. SickKids had the second highest spending after the University Health Network, which includes multiple hospitals. Lawyers at Faskens made $1.6 million working for theLondon Health Sciences Centre. Conroy Trebb Scott Hurtubise LLP ($156,018) Hicks Morley Hamilton Stewart Storie LLP ($656,385) Bereskin & Parr LLP ($2,248,000) Borden Ladner Gervais LLP ($1,327,939) Osler Hoskin & Harcourt LLP ($386,999) Osler Hoskin & Harcourt LLP ($798,316) Carrel + Partners LLP ($525,939) Borden Ladner Gervais LLP ($243,873) Filion Wakely Thorup Angeletti LLP ($485,273) Cunningham Swan Carty Little & Bonham LLP ($143,142) Fasken Martineau DuMoulin LLP ($327,771) Goodmans LLP ($564,813) Borden Ladner Gervais LLP ($541,460) McCarthy Tétrault LLP ($911,589) Miller Thomson LLP ($784,068) Alan Belaiche, former general counsel for St. Michael's Hospital, says the demand for lawyers comes from increased calls for accountability from Ontario's hospitals. "There is no question that there are increased and increasing public expectations around accountability and transparency," he says. "With these pieces of legislation, which are fairly significant and broad, the demands on legal Get expert Guidance on the law GoverninG litiGation involvinG the federal crown New editioN The AnnoTATed 2014 Crown LiAbiLiTy And ProCeedings ACT ThE hon. Mr. JusTiCE DonALD J. rEnniE, BriAn J. sAunDErs, MiChAEL h. Morris, AnD JAn BrongErs Let experts guide you through the substantive and procedural law governing the law related to litigation involving the Federal Crown. The Annotated 2014 Crown Liability and Proceedings Act includes the full English and French text of the Crown Liability and Proceedings Act, section-by-section commentary, digests of all relevant judicial decisions, and cross-references to related legislative provisions and secondary sources. order # 985555-65203 $190 hardcover approx. 300 pages october 2013 978-0-7798-5555-1 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. 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And you'll be certain you understand all the latest developments and cases that could impact your claim or defense. availaBle riSK-free for 30 daYS order online: www.carswell.com Call toll-Free: 1-800-387-5164 in toronto: 416-609-3800 www.lawtimesnews.com Weaver Simmons LLP ($91,159) Fasken Martineau DuMoulin LLP ($555,908) Fasken Martineau DuMoulin LLP ($1,324,000) Filion Wakely Thorup Angeletti LLP ($860,641) Janet Murdoch Zive ($305,835) Borden Ladner Gervais LLP ($159,481) Bennett Jones LLP ($276,598) Williams McEnery ($18,799) Fasken Martineau DuMoulin LLP ($200,843) Osler Hoskin & Harcourt LLP ($28,446) Hicks Morley Hamilton Stewart Storie LLP ($305,382) McMillan LLP ($202,006) Miller Thomson LLP ($124,725) Osler Hoskin & Harcourt LLP ($177,588) Filion Wakely Thorup Angeletti LLP ($384,000) * Numbers for Health Sciences North are for 2010-12 only. counsel became unprecedented," the model doesn't make sense given that a legal issue that arises he adds. The Ontario Ministry of at one hospital has inevitably ocHealth and Long-Term Care is curred elsewhere. Ontario hospitals don't noralso encouraging hospitals to integrate their back offices, a pro- mally spend money out of pocket cess that requires them to enter for litigation related to negligence into contracts with the help of or other liability unless it falls outsavvy lawyers. For academic hos- side their insurance coverage, acpitals such as the Hospital for Sick cording to Belaiche, who notes the Children, construction of new re- numbers obtained by Law Times search buildings was likely a major likely reflect spending on labour, part of its legal needs, according to intellectual property, privacy, and governance matters. Belaiche. SickKids' chief legal and risk With tight budgets, increased legal costs mean hospitals often officer Megan Evans says it's imhave to dig deeper into their own portant to consider the hospital's pockets, says Golding, noting legal tab in the context of its size that added expenses without new and complexity since it treats the funding put pressures on em- sickest children in the country, ployee wages and, in turn, leads to runs cutting-edge research, and employs more 10,000 employees. more labour demands. Some hospitals have respond- When it comes to legal matters, ed to legal cost pressures with SickKids "really is a business just expanded in-house legal depart- like an IBM or a major newspaments, a move Belaiche says is an per . . . but in fact maybe a little bit effective cost-saving technique. more risky because some of the But Golding says while general stuff we're dealing with is frankly counsel may help save money on life and death," she says. The 15 institutions analyzed by day-to-day legal needs, hospitals will continue to require help from Law Times include most of Onexperienced law firms for bigger tario's teaching hospitals: Hamilton Health Sciences, St. Joseph's matters. For Belaiche, who now runs a Healthcare Hamilton, Kingston private practice advising hospitals, General Hospital, Hotel Dieu there are much more cost-effec- Hospital (Kingston, Ont.), Lontive ways to deliver legal services at don Health Sciences Centre, St. hospitals. He envisions something Joseph's Health Care London, like a centralized legal service de- Children's Hospital of Eastern Onlivery system in which hospitals tario, The Ottawa Hospital, Health Sciences North, Thunder Bay could share resources. "The significant characteristic Regional Health Sciences Centre, for Ontario hospitals is that they're Mount Sinai Hospital, University consistently siloed and segmented Health Network, SickKids, and in nature," says Belaiche, noting Women's College Hospital. LT Sentence hearing Dec. 17 Continued from page 1 Heydary's whereabouts, but his assistant, Margarita Park, told the court her boss gave her a temporary number to reach him at when he called the office on Nov. 18. She said she had called that number numerous times when Heydary's counsel and colleagues needed to speak to him but noted there was either no answer or the call went straight to voicemail. During a court break, Samantha Keser, one of the lawyers for the Abuzours, phoned the Iranian telephone number Heydary had given Park. Keser said she spoke to two people who wouldn't say whether Heydary was there but told her to talk to his wife. Thapar said efforts to contact Heydary's spouse have failed. The court will reconvene on Dec. 17 for a sentencing hearing on the contempt finding. Thapar says he'll be seeking steep fines and imprisonment. LT

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