Law Times

PAGE 4 NEWS February 22, 2010 • Law Times Task force to seek judicial protocol for multi-jurisdictional cases CBA tackles national class actions BY BENJAMIN GLATT Law Times tional cases have decided to try their hand at coming up with a solution to the problem. The result is a national class C actions task force launched at the Canadian Bar Association's mid-winter meeting in Ottawa last week. "Working in both Ontario and Quebec on class action suits allowed me to see the little things that were slowing down the system and making it inefficient and uncertain," says Sylvie Rodrigue of Ogilvy Re- nault LLP and the task force's chairwoman. "The Vioxx case was a very good example of inefficiency and duplication," says Rodri- gue. "And we were all expect- ing the Supreme Court to give lass action lawyers frustrated with over- lapping multi-jurisdic- us clear guidelines on what to do from the [Canada Post Corp. v.] Lépine case, but that never happened." The duplication of efforts and instances of judges being too uncomfortable to call their colleagues on the same class ac- tion suit in other jurisdictions were just some of the issues that led Rodrigue to decide to take the matter to the CBA. Rodrigue, who estimates more than 90 per cent of class actions cross provincial bound- aries, initially brought the idea to the Ontario Bar Association but knew that if it was going to be successful, it had to happen at a national level. While last weekend's objec- tive for the task force was just to announce its birth, the real work will be happening over the next year-and-a-half in an attempt to come up with a judi- cial protocol solution by August 2011 that would be applicable to each jurisdiction in Canada that has class action legislation. Rodrigue confirms the main goal is to find the best perma- nent solution but notes all the focus should be on a temporary solution that could be in place quickly to cut down on court costs; ensure better co-ordina- tion between the courts in dif- ferent provinces; and clear up the present uncertainty with multi-jurisdictional cases. "The main objective now is the judicial protocol. [We can] find a practical solution and we can have it working by next year. It's a lot faster than wait- ing for legislative reform. If we wait for all the provinces, we'll be waiting for years." The task force is made up of practitioners from across the country who have acted for defendants and plaintiffs, as well as judges, in an attempt to draft guidelines that everyone can approve of, says Rodrigue. But that doesn't mean that $3.55 • Vol. 17, No. 20 It's what's inside that counts! March 8 March 15 March 22 March 29 April 12 April 19 April 26 May 3 May 10 May 17 May 31 - Litigation To advertise in an upcoming issue of Law Times, contact our sales team: June 14 June 21 June 28 July12 Informed, Intelligent Content June 7Upcoming Focus Highlights It's what's inside that counts! Karen Lorimer 905-713-4339 Klorimer@clbmedia.ca July 26kpascoe@clbmedia.ca August 9 August 23 Kimberlee Pascoe 905-713-4342 - IT/Telecommunications Law - Personal Injury Law - Securities Law not saying there's not a place for it, but it should have been done in a context that BY MARK BOURRIE For Law Times On June 2, the Supreme Court of Canada ruled against toy-maker Mattel Inc., which had been appealing a lower court decision that permitted a three-outlet chain of Montreal-area restaurants to keep using Barbie in its name and design. The court also rejected a claim by the makers of Veuve Clicquot champagne that a similarly named group of women's clothing ior Canadian IP lawyers. representing companies that hold the rights to famous brands will have to prove a real connection between their marks and the prod- ucts of a company that infringes on the original trademark, say sen- OTTAWA — Trademark lawyers Opposition Board of the Canadian In 2002, the Trade-marks - Running Your Practice - Criminal Law Court level.Mitchell B. Charness, an intel- lectual property lawyer and partner Federal Court, and the Federal Court of Appeal subsequently upheld the board's decision. The owners of Les Boutiques Cliquot were also successful at the Federal house-style food. Barbie's Restaurant won at the since 1992 would not likely create consumer confusion with Mattel's dolls. Barbie's Restaurant has grown into a three-outlet chain in the Montreal area serving road- that its use of the "Barbie" name mark holder, it doesn't mean it's the end of protection of famous marks or that the famous mark holder can never stop anyone from using their trademark," Charness says. "What the cases mean is that we have to now look at how famous is the client's trademark and is there a connection or at least some possi- ble connection between the wares and services normally associated with the famous mark and whatev- Intellectual Property Office accept- ed Barbie's Restaurant's argument er the third party is doing. Ontario infringed on its trademark. Ottawa, says the decision does in Ridout & Maybee LLP in stores in Quebec and eastern famous brand."If our client is a famous trade- not give small businesses a free rein to hitch their business to a "Blurting out the government's theory to the media is puffery," the lawyer said. "I'm A top criminal lawyer, who spoke on condi- tion of anonymity, was of the same mind. find the statement made [about the beheading] quite disturbing." "I would expect a far more responsible state- ment not only from defence counsel, but also from any human being," he told Law Times. "I for hush-hush." - Internet/E-Commerce Law - Real Estate Law - Family Law Kathy Liotta 905-713-4340 kliotta@clbmedia.ca Visit Law Times on the web at: www.lawtimesnews.om - Health/Life Sciences Law - Municipal & Planning Law - Legal Specialists & Boutiques - Forensics/Private Investigators - Corporate & Commercial Law Rose Noonan 905-726-5444 rnoonan@clbmedia.ca September 6 - Class Actions September 13 - Human Rights Law Informed, Intelligent Content To advertise in an upcoming issue of Law Times, contact our sales team: Kimberlee Pascoe To advertise in an upcoming issue of Law Times, contact our sales team: Karen Lorimer 905-713-4339 Karen Lorimer 905-713-4339 klorimer@clbmedia.ca Klorimer@clbmedia.ca Kimberlee Pascoe 905-713-4342 Kathy Liotta 905-713-4340 kpascoe@clbmedia.ca Kathy Liotta 905-713-4340 kliotta@clbmedia.ca 905-713-4342 kliotta@clbmedia.ca kpascoe@clbmedia.ca Rose Noonan 905-726-5444 rnoonan@clbmedia.ca Visit Law Times on the web at: www.lawtimesnews.om Visit Law Times on the web at: www.lawtimesnews.com famous. That's not going to carrywith the same name. See Fame, page 2 "It's not enough to just beQuebec roadhouse restaurant for nachos and steaks served in a The Supreme Court says con- sumers won't confuse Barbie dolls - Corporate Restructuring & Insolvency - Energy & Environmental Law - Class Actions - ADR/Mediation $3.55 • Vol. 17, No. 20 Covering Ontario's Legal Scene 3 Strong Laws For Women 5 Climb Every Mountain 9 Focus On Real Estate Law T BY JULIUS MELNITZER For Law Times year-old student Saad Khalid and who has prac- tised criminal law for over 25 years, says he saw no reference to a beheading in the synopsis the Crown provided to him. my way of doing business at such an early junc- ture in the proceedings," says Galati, who repre- sents another of the 17 accused. Arif Raza of Mississauga, who represents 19- 'These are extraordinary times and extraordinary allegations that call for an abnormal response,' says Gary Batasar, right, with lawyer Donald McLeod outside the Brampton courthouse. "Defence counsel should not just stay silent in these conditions. This is not a case that calls response," he said. "Niceties have to go out the window when the charges against the accused are drawing global media to Peel Region. 1998, is adamant that he did the right thing. "These are extraordinary times and extraor- dinary allegations that call for an abnormal would not create the headlines that it did." For his part, Batasar, a criminal lawyer since media crush that followed outside the courtroom. Some well-known members of the defence bar, also speaking off the record, questioned why See No, page 2 lous." He points out that the issue first arose in the courtroom when he asked prosecutor Jim Leising whether he had any evidence to substan- tiate the sensational allegations in the synopsis. He says he had no choice but to respond to the Batasar says the media's treatment of his remarks and the criticism of his action are "ridicu- Job Title: CRO Staff Lawyer Assignment: This is a 1 year contract. Location: Clinic Resource Offi ce, 425 Adelaide Street West, 4th Floor, Toronto. Area of Search: LAO & Clinic employees as well as external applicants may apply for this position. Current Job Status: Vacant Reports To: Acting Director, Clinic Resource Offi ce Primary Function: Work on important and interesting poverty law issues with a team committed to high quality legal services. Use your experience and superior analytical and writing skills to provide legal advice and opinions, and a range of legal publica- tions, to advocates in community legal clinics across Ontario. 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"Reading unsubstantiated allegations is not ally indicated that he wanted to behead the prime minister of Canada," Batasar told media on June 6.But Rocco Galati — one of the lawyers with fire from his criminal law colleagues. der them, and blow up the CBC's Toronto head- quarters as part of a massive terrorist plot, is under "There's an allegation that my client person- Legal Aid Ontario is committed to promoting access to justice throughout Ontario for low-income individuals by providing consistently high quality legal aid services. C 25-year old restaurant worker Steven hand, intended to take politicians hostage, mur- he tactics of Gary Batasar, the lawyer who revealed Crown allegations that his client, QUALITY DOCUMENT SCANNING StorageLitigation Support/Archive • Scan-to-File June 12, 2006 job opportunity Covering Ontario's Legal Scene 3 Strong Laws For Women 5 9 Focus On Real Estate Law T Climb Every Mountain BY JULIUS MELNITZER For Law Times not saying there's not a place for it, but it should have been done in a context that BY MARK BOURRIE For Law Times On June 2, the Supreme Court of Canada ruled against toy-maker Mattel Inc., which had been appealing a lower court decision that permitted a three-outlet chain of Montreal-area restaurants to keep using Barbie in its name and design. The court also rejected a claim by the makers of Veuve Clicquot champagne that a similarly named group of women's clothing ior Canadian IP lawyers. representing companies that hold the rights to famous brands will have to prove a real connection between their marks and the prod- ucts of a company that infringes on the original trademark, say sen- OTTAWA — Trademark lawyers Opposition Board of the Canadian In 2002, the Trade-marks Court level.Mitchell B. Charness, an intel- lectual property lawyer and partner Federal Court, and the Federal Court of Appeal subsequently upheld the board's decision. The owners of Les Boutiques Cliquot were also successful at the Federal house-style food. Barbie's Restaurant won at the since 1992 would not likely create consumer confusion with Mattel's dolls. Barbie's Restaurant has grown into a three-outlet chain in the Montreal area serving road- that its use of the "Barbie" name mark holder, it doesn't mean it's the end of protection of famous marks or that the famous mark holder can never stop anyone from using their trademark," Charness says. "What the cases mean is that we have to now look at how famous is the client's trademark and is there a connection or at least some possi- ble connection between the wares and services normally associated with the famous mark and whatev- Intellectual Property Office accept- ed Barbie's Restaurant's argument famous. That's not going to carry See Fame, page 2 Ontario infringed on its trademark. Ottawa, says the decision does in Ridout & Maybee LLP in stores in Quebec and eastern famous brand."If our client is a famous trade- not give small businesses a free rein to hitch their business to a "Blurting out the government's theory to the media is puffery," the lawyer said. "I'm A top criminal lawyer, who spoke on condi- tion of anonymity, was of the same mind. find the statement made [about the beheading] quite disturbing." "I would expect a far more responsible state- ment not only from defence counsel, but also from any human being," he told Law Times. "I year-old student Saad Khalid and who has prac- tised criminal law for over 25 years, says he saw no reference to a beheading in the synopsis the Crown provided to him. my way of doing business at such an early junc- ture in the proceedings," says Galati, who repre- sents another of the 17 accused. Arif Raza of Mississauga, who represents 19- 'These are extraordinary times and extraordinary allegations that call for an abnormal response,' says Gary Batasar, right, with lawyer Donald McLeod outside the Brampton courthouse. for hush-hush." "Defence counsel should not just stay silent in these conditions. This is not a case that calls response," he said. "Niceties have to go out the window when the charges against the accused are drawing global media to Peel Region. 1998, is adamant that he did the right thing. "These are extraordinary times and extraor- dinary allegations that call for an abnormal would not create the headlines that it did." For his part, Batasar, a criminal lawyer since media crush that followed outside the courtroom. Some well-known members of the defence bar, also speaking off the record, questioned why See No, page 2 lous." He points out that the issue first arose in the courtroom when he asked prosecutor Jim Leising whether he had any evidence to substan- tiate the sensational allegations in the synopsis. He says he had no choice but to respond to the Batasar says the media's treatment of his remarks and the criticism of his action are "ridicu- the most experience in terrorism-related cases in Canada — questions tactics of this kind. "Reading unsubstantiated allegations is not ally indicated that he wanted to behead the prime minister of Canada," Batasar told media on June 6.But Rocco Galati — one of the lawyers with fire from his criminal law colleagues. der them, and blow up the CBC's Toronto head- quarters as part of a massive terrorist plot, is under "There's an allegation that my client person- C 25-year old restaurant worker Steven hand, intended to take politicians hostage, mur- he tactics of Gary Batasar, the lawyer who revealed Crown allegations that his client, QUALITY DOCUMENT SCANNING Storag Litigation Support • e/Archive Scan-to-File June 12, 2006 only the 18 members of the task force will be the ones put- ting the ideas forward. "We need a broad consulta- tion for the guidelines. It's not just going to be decided by the [task force] members in a boardroom," says Rodrigue. "We'll do it through blogs, er the third party is doing.sumers won't confuse Barbie dolls "It's not enough to just be Quebec roadhouse restaurant with the same name. The Supreme Court says con- for nachos and steaks served in a web sites, [and] surveys in or- der to reach everybody that is connected to the world of class Upcoming Focus Highlights - Immigration Law 'As long as everyone is co- operative and is willing to give up some jurisdictional rights, we'll find a solution,' says Kirk Baert. actions because, if we don't consult with everybody, no one will agree to them." Kirk Baert, who was desig- nated lead counsel in Cloud v. Canada (Attorney General), the first Indian residential school class action certified in Cana- da, knows all about the prob- lems but is adamant they can be worked out. "They're solvable," he says. "As long as everyone is co-op- erative and is willing to give up some jurisdictional rights, we'll find a solution." Some of Baert's simple ideas for managing multi-jurisdic- tional cases include getting all the judges together in one room either by joint hearings or hav- ing them connected by telecon- ference or videoconference. Baert started dealing with class action suits 15 years ago and admits these problems didn't come up as frequently then. But now, with all but one province having passed compre- hensive class proceedings legis- lation, cases are on the rise, and with that come soaring costs. "It hasn't reached a crisis yet, but the present situation won't work forever," he says. "And be- ing a defendant in eight differ- ent provinces at the same time is money that could be well-spent towards a settlement." One minor step the CBA has already taken to start clearing up the mess of multi-jurisdictional cases is the online class actions database. It allows for the legal world to become aware of any multi-jurisdictional cases. It's not mandatory, however, and it doesn't solve the problem of overlapping cases. Rodrigue says she sees a ju- dicial protocol as the next best step, one that doesn't come with any potential constitu- tional problems as a legislative solution would. "The protocol has a better chance of success," says Rodri- gue. "It's not as complicated and delicate as the legislative amendments." LT Pay-Per-Use or Subscription... It's Your Choice! www.divorcemate.com 1-800-653-0925 www.docudavit.com Inside This Issue Colleagues say statements to press were irresponsible Batasar under fire from other lawyers Quote of the week Trademark holders must prove real connection Pay-Per-Use or Subscription... It's Your Choice! www.divorcemate.com 1-800-653-0925 www.docudavit.com Inside This Issue Colleagues say statements to press were irresponsible Batasar under fire from other lawyers Quote of the week Trademark holders must prove real connection

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