Law Times

PAGE 2 NEWS June 13, 2011 • Law Times Obligations not burdensome, ministry says Continued from page 1 to living with the board's fi nding that all 300 hectares constituted a workplace. "Th e diffi culty going forward is that employers will have to do a detailed individual analysis of each situation to determine whether a worker could have been injured by the risk or hazard," says Nadine Zacks of Hicks Morley Hamilton Stewart Storie LLP. Ryan Conlin of Toronto's Stringer Brisbin Humphrey Management Lawyers is advis- ing clients to take a cautious ap- proach to reporting. "For the time being, I'm telling my clients to report all injuries whether to workers or non-workers" he says. Ironically, an overwhelmed ministry may come to regret the Blue Mountain decision as many employers start to do the same thing out of an abundance of caution. "Employers who have never thought about reporting before will now have to think hard about it," Currie says. Th e ministry disagrees with the concerns, however. Th e ruling "is consistent with the ministry's existing operational policy on en- forcement of these requirements CLARIFICATION A June 6 story, "Arbitration system 'dysfunctional,'" quoted Ontario Labour Relations Board vice chairman Larry Steinberg on problems with the labour arbitration process in the province. During his speech at a labour law conference, Steinberg made it clear that the views he was referring to were those previously expressed by Ontario Chief Justice Warren Winkler and that it was his intention to comment on them. While Steinberg agrees with many of those views, the story didn't specify that he was refl ecting Winkler's earlier comments. in cases where a non-worker is killed or critically injured at a workplace," said spokesman Matt Blajer. "An employer is re- quired to notify the ministry if a non-worker is critically injured or killed at a workplace if the hazard that caused the incident also presents a risk to the health and safety of workers at that workplace. Th is is a reasonable expectation and should not be burdensome for employers." In the meantime, Currie suggests that in the event of non-worker injuries, employ- ers should give notice and ask the ministry whether it will be investigating and whether it's prepared to release them from their obligation to preserve the scene. "I'm also advising clients who give notice to be very specifi c about how the injury came about in the hope of encouraging the ministry that this is not a case that bears investigation under the [act]," Currie says. One veteran practitioner, who spoke on condition of an- onymity, believes the decision is unworkable. "Th is is a wrong decision that is very, very tough on employers," the lawyer says. "I hope that Blue Mountain takes the case further." Th ere was no word on that at press time. Most happy with service: studies Continued from page 1 much we can do to change it." In addition, lawyers are also associated with the most diffi - cult times in people's lives when they're facing family breakdowns, criminal charges, accidents, inju- ries, and other kinds of disputes. "It's our job to help when these things happen, so we're associated with being needed when things aren't good," Murphy said. According to Murphy, the real opportunities to make a dif- ference to the public perception of lawyers come with direct con- tact. A study in Alberta showed the vast majority of those who paid for a lawyer were satisfi ed with the cost, while the Ontario Civil Legal Needs project found more than 80 per cent of people surveyed found lawyers some- what or very helpful when they retained them to deal with a le- gal problem. "People who use lawyers gen- erally feel good about the experi- ence but a lot of people can't af- ford lawyers anymore," Murphy said. "We should think about innovative ways to make sure the public can get access to those ser- vices, especially the middle class who are being squeezed between high-end lawyers at big Bay Street law fi rms and the cost of services for basic things. If we get quality and access right and that is all we can do, then that is all we should do." It's small-fi rm practitioners that most members of the pub- lic turn to when searching for legal services, according to law society Treasurer Laurie Pawl- itza, who called them the "face of our profession in Ontario." Sole and small-fi rm practitio- ners account for about 12,000, or more than half, of the 23,500 private practitioners in Ontario, while 86 per cent of all fi rms in the province contain fi ve lawyers or less, according to Pawlitza. Th ere were 450 of them at this year's conference, plus another 200 watching an online webcast of the proceedings. Th ey also provide the vast BRILLIANT. A PREMIUM COLLECTION OF FINELY-CRAFTED LEGAL MEMORANDA – NOW AVAILABLE ON WESTLAW® CANADA* What better place to start your research than an illuminating analysis of your legal issue? Our new legal memoranda collection defines research excellence. Current, clear and concise, every memorandum cuts straight to the heart of a legal issue in one of ten practice areas. And each one is designed to give you perfect transparency – you start with a free summary page that shows you the author's name, drafting date, issue discussed and other critical details of the memo. You'll always be confident you're working with up-to-date analysis from the finest names in law. Classified by issue and linked to relevant case law, statutes and commentary, every memorandum offers a shining start to polished, finished research. Jump start your research with legal memoranda that provides thorough legal analyses and conclusions that help you make critical decisions, create compelling arguments, and achieve better results for your clients. Excellent legal research starts here. Legal Memorandums on Westlaw® Canada Call 1-866-609-5811 or visit westlawcanada.ca * Available as an add-on to an existing Westlaw Canada subscription or on a pay-per-view basis. majority of legal aid services and off er almost all legal assistance in languages other than English, French or Italian. "You're also the most likely to come from the most diverse back- grounds and so you're able to help and address the cultural and lin- guistic needs of Ontarians," Pawl- itza said. "I'm truly proud of all of you and what you do." Despite having never prac- tised at a small fi rm, she said she got insight through the dif- fi culties her husband faced as a sole practitioner. "It was not an easy time for him, and he's not necessarily the best busi- nessman," she said. "Th ere's an entire skill set that you need to run a small fi rm or to be a sole practitioner, and not everybody has it." Pawlitza said she hoped the conference and other continuing professional development courses now mandated by the law society would help foster the creativity and innovation small-fi rm practi- tioners need to succeed. "Our job is to regulate the pro- fession in the public interest and facilitate access to justice," she said. "If we can help you help the pub- lic, then we're doing our job and you can keep doing yours." Untitled-3 1 www.lawtimesnews.com 6/3/11 10:49:03 AM

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• Summary Judgement
• Native Impasse
• Focus On Real Estate Law