Law Times

Law Times • February 7, 2011 NEWS LSUC to fund SickKids program BY MICHAEL McKIERNAN Law Times a $90,000 Pro Bono Law Ontario project to support the families of patients at To- ronto's Hospital for Sick Children. The proposal passed Convocation on T Jan. 27 — against the recommendation of the law society's finance committee — fol- lowing a lively debate amid fears it could open the floodgates to similar requests from unfunded access-to-justice projects. The pilot project has already been up and running for two years. But in Oc- tober, PBLO discovered it wouldn't be getting any more money from its funder, the Law Foundation of Ontario. Faced with the prospect of shutting down the program, PBLO turned to the law soci- ety in December to keep the pilot going through the end of 2011 while it searches for more sustainable funding. The law society's access to justice com- mittee backed the plan, but without any budgeted funds, it needed approval from the finance committee to divert the cash from the LSUC's depleted contingency fund. The PBLO program will use up to 40 per cent of the fund, which started the year with a balance of $225,000. Bencher Mark Sandler, who also chairs the law foundation, said PBLO was warned not to expect any more funding beyond the two-year pilot but felt the law society shouldn't hesitate to step in to fill the void. In the circumstances, a relatively modest one-off payment was a reasonable expense for a good project, he said. "I think the law society has some obligation to put a he Law Society of Upper Canada put its "money where its mouth is" on access to justice by funding little bit of money where its mouth is. If we're truly dedicated to access to jus- tice, I don't think it's in- appropriate that the law society be seen to be con- tributing financially. I see this as a moral impera- tive and, frankly, as good PR to the public that the law society is evidencing some commitment to ac- cess to justice issues." Marshall Crowe, a member of the finance committee who voted against the funding, said no right-thinking person could oppose 'We think this is a good use of our money,' says Marion Boyd. the project. Still, he was uncomfortable with the ad hoc nature of the proposal. "There would be innumer- able other situations which would jus- tify expenditures from law society funds, which are taken by compulsion from members and are not given to run the law society's own pro bono campaign," he said. "I don't think there's a principled reason, except that it's such a nice cause, to spend the law society's money on it." But Bencher Marion Boyd said the access to justice committee is forced to make all of its funding decisions on an ad hoc basis because it gets no money in the budget process. "We're an unfunded committee. Any time we want to do something, we have to come to you and ask for special money." Boyd emphasized that the funding was a one-off payment and that PBLO would be expected to find its own money to con- tinue beyond 2011. Still, she argued the project fell within the law society's mandate to facilitate access to jus- tice. The LSUC already gives PBLO a $50,000 subsidy towards its rent as well as administrative support. But that pales next to the law societies of British Columbia and Alberta that each pro- vide about $400,000 to pro bono organizations in their provinces. "We think this is a good use of our money," Boyd said. "Here we have a project where we have health profes- sionals working with lawyers, building relationships, listening to one another, and beginning to under- stand that a health problem may very well be exacerbated or even rooted in a legal problem. We ought not to pull the plug on this project at this time." The SickKids program has one staff per- son, a so-called triage lawyer who works as part of a patient's care team alongside medi- cal and social work staff. The lawyer assesses the family's legal needs, provides brief legal services, and refers them to the program's pro bono legal partners at McMillan LLP and Torkin Manes LLP when needed. An interim report by an independent organization says the program has shown signs of success by improving clinicians' ability to treat patients and support their families, but the law society wants a more thorough evaluation to see if it can be ex- tended beyond SickKids to the province's two other children's hospitals. According to PBLO, the program has served 624 families since its launch in January 2009, including a father who was fired because he was unavailable to work overtime following the death of his child. In another case, an out-of-town family needed help to get an emergen- cy custody application for a niece who needed medical treatment after she was abandoned by her mother. Ross Murray, a bencher from Thunder Bay, Ont., said he felt a personal con- nection to the project. He noted his wife practically lived at SickKids while their daughter was treated there for a brain tu- mour. "We both got to know some of the parents and some of their issues. I see this project as a very positive thing." But Bencher Bradley Wright said he could think of hundreds of worthy projects to fund but felt it's not the law society's job to pick up the slack from organizations like the law foundation. "This didn't make the cut. At best, this is the 151st-best proposal submitted to the [law foundation]," he said, arguing that the law society's obliga- tion to facilitate access to justice should be viewed through a regulatory lens. Bencher Julian Falconer, meanwhile, said $90,000 was a "drop in the buck- et" in the law society's finances to bail out a successful program. He argued the funding difficulties highlighted the need to reform the LSUC's embryonic access to justice committee. "I would support this but I would also insist that access to justice be properly budgeted so it can make proper decisions and proper recommendations. In the interim, while we haven't fixed that, we don't make the SickKids program pay for it by letting them flounder." LT PAGE 5 Legal advisers need top advice too. At Grant Thornton LLP, we understand the unique challenges you and your clients face. So why not call upon a team of Canada-wide advisers with experience helping you meet those challenges head on. Professionals like Stephen R. Binder, BA, CA, and a partner in our North Toronto office. For over 35 years, Stephen has helped his clients in the legal profession thrive. Whether it's through strategic and operational planning to help ensure success of the firm, or assisting with the exit strategy when the time comes to leave the business to the next generation—and everything in between—that's Stephen's commitment to his clients. It's ours too, which is why we're thrilled to have him on our side. Give us a call today and put our side to work for you. Stephen R. Binder, BA, CA Suite 200 41 Valleybrook Drive Toronto, ON, M3B 2S6 T (416) 380-2630 E sbinder@GrantThornton.ca www.GrantThornton.ca In Ontario. Across Canada. Grant Thornton LLP. A Canadian Member of Grant Thornton International Ltd Untitled-4 1 www.lawtimesnews.com 2/1/11 2:48:40 PM Audit Tax Advisory

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• Helping Kids
• Scrutinizing Experts
• Focus On Family Law/Trusts & Estates