Law Times

September 14, 2009

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PAGE 2 NEWS September 14, 2009 • Law timeS Funding includes big-case management office Continued from page 1 certifi cate bar — not just the legal aid staff bar — and also from the OBA," he says. Th e government also is tar- geting big-case management. It said the new investment "will ensure effi cient, focused, and ef- fective defence of cases that avoid unnecessary steps, expense, delay, and wrongful convictions." Th e creation of a big-case management offi ce was specifi - cally announced. Bentley says it will handle big cases where it's been unable to acquire out- side lawyers. Th e government will also use the new money for its Jus- tice on Target initiative, which aims to cut down on court de- lays. It said a shift to payment through block fees — rather than hourly billing — will "encourage eff ective decision- making" and pledged "more rigorous quality management. Ontario Education Legislation 2009 - 2010 This consolidation gives you the complete and up-to-date education statutes and regulations all in one source, including: • • • • • • • • • • June 03/09) • and regulation • Policy/Program Memoranda Nos. 128, 141, 142, 144, 145 & 147 ORDER your copy today Perfectbound • 1,028 pp. • Published August each year Standing order • $38 • P/C 0949140000 Current edition • $48 • P/C 0949010000 • ISSN 1480-6576 and regulation and selected regulations (updated to and selected regulations New in 2009 • New regulation under the Trans Fat Standards, O. Reg. 200/08 • New S.O. 2008, c. 15 Re-enacted regulations for the "2009-2010" school board fiscal year: • Calculation of Average Daily Enrolment, O. Reg. 154/09 • Calculation of Fees for Pupils, O. Reg. 156/09 • Grants for Student Needs, O. Reg. 155/09 , Th e government also will use the funds to raise fees for de- fence expert witnesses, who currently receive $110 an hour compared to the $200 an hour paid to Crown experts. Bentley did not directly answer questions on what the funds will do for criminal defence lawyers throughout the province partici- pating in a boycott of homicide and guns-and-gangs cases. Th ose lawyers say the current legal aid tariff , which tops out at $97 per hour, is inadequate and is driving experienced lawyers away from the legal aid program. "We've just announced the largest investment in legal aid in its history," says Bentley. "It's a history that we are quite aware of, those of us who have practised or continue to practise. Th at, I think, is an excellent start to a very strong access to justice for Ontario's most vulnerable." Bentley says the fact the investment was made in the midst of an ongoing economic recession "is an extraordinary signal of commitment by our government." Criminal Lawyers' Asso- ciation president Frank Addario says the funding plan is a "good step." But it's not enough to end the boycott spearheaded by the CLA in June, he says. "We've seen this fi lm before, in which the response to a crisis is a small, incremental boost to funding that never attacks the underlying degradation of the plan that was allowed to take place with previous govern- ments," he says. "Consequently, the reputa- tion of the plan has not been restored to a point where junior and new lawyers want to join it, and senior, talented lawyers want to stay with it." With reports that LAO is facing a $56-million budget shortfall — about $40 million of that attributed to a drop in its annual allotment from the Law Foundation of Ontario — the new funds may do little to en- hance the legal aid program in the short term. "Th ere are, I understand, some challenges there," says Bentley. "Th e full nature of the challenges is not clear yet. I un- derstand that legal aid will be developing a plan to deal with that. But what I would say as we look into the future is that those revenues will come back." LT Cost order gives $69,000 to LAO Continued from page 1 people they didn't want. "Th ey had that information For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. LT0809 before jury selection and they utilized it in jury selection," Th omas wrote in his decision declaring the mistrial. "In total, the Crown exer- cised 14 peremptory challenges over the two days of jury selec- tion," Th omas continued. "Th e personal information Bankruptcy in Canada Fourth Edition The authoritative statement of the law since 1922 about jurors provided by police was a factor, they [the prosecu- tors] said, taken into account in deciding whether to exercise challenges." Th omas ordered the Crown to pay a total of $68,960 to LAO as costs for the work Substantially revised and rewritten by two leading practitioners, this fourth edition is of benefit to civil and common law practitioners. It offers a concise, comprehensive description of bankruptcy in general, and the distinctive features of the Canadian system in particular. Not Just the Law, but also the Basis of the Law: • Coverage of both national and international dimensions of bankruptcy law • Reference to the jurisprudence of other countries as it relates to Canada • An authoritative explanation of history, constitutional law, comparative law, statutory construction and interpretation • Precise directions regarding practice and procedure Handy Features include: • Appendices including the Orderly Payment of Debts • Table of Cases and Table of Legislation • Extensive index For a clear and comprehensive understanding of bankruptcy, turn to this classic resource. Order your copy today. Hardbound • Approx. 920 pp. • December 2009 • Approx. $225 P/C 0181010000 • ISBN 978-0-88804-491-4 , General Rules under the , Regulations Respecting done by Goulin and Munroe in the two months of trial that took place before the disclo- sure of jury vetting; a further $9,221.05 in costs for Dawn Melville, the civil lawyer who argued the application for costs; and another $17,000 for the cost of transcripts. Although the cost award would be a "drop in the buck- et" compared to the overall LAO budget, it would fund roughly 70 legal aid cases in- volving summary convictions, Goulin says. Back in Barrie, meanwhile, Superior Court Justice Al- fred Stong last week ruled he did not have jurisdiction to set that resulted aside a guilty verdict from anoth- er fi rst-degree murder trial where the Crown prosecutors used undisclosed information from police sources for jury selection. Th e defence lawyer in that For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com Honsberger_Bankruptcy in Canada (LT 1-3x4).indd 1 9/9/09 3:55:59 PM LT0914 case, Ben Fedunchak, told the National Post the jury-vetting issue would be the "primary ground" for an appeal of the murder conviction. LT Consulting Editor: Fay Faraday Colleges Collective Bargaining Act Education Act: Education Act Colleges Collective Bargaining Act, 2008 Education Quality and Accountability Office Act, 1996 Immunization of S 2008, Ontario College of Teachers Act, 1996 Municipal Conflict of Interest Act Provincial Schools Negotiations Act Sabrina's Law, 2005 chool Pupils Act Ontario Teachers' Pension Plan Teachers' Pension Act Teaching Profession Act John D. H onsberger, Q.C. and Vern W . DaRe Bankruptcy and Insolvency Act Bankruptcy and Insolvency Act

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