Law Times

June 29, 2009

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PAGE 2 NEWS Feds a 'sophisticated' client Continued from page 1 client, and they know the legal landscape and they know where value is and they know who has got a good reputation. They are pretty good at making decisions, so you have to have a sort of sophisticated approach to it, which might not be the conventional wisdom when you think about governments. But I'm constantly impressed by the people we work with, and they're pretty sophisticated." Michael Rankin, managing partner in Lang Michener's Ottawa office, says his firm worked on one major construction litigation case for the federal government in 2008. The matter was put out for an RFP, and the firm was the successful bidder, he says, adding that the firm continues to work on the file. Rankin says the matter involves construction on the Library of Parliament and is related to a claim for extras and delay claims associated with the con- tract with Thomas Fuller Construction Co., Ltd. He suggests that Lang Michener was selected for that contract due in part to the lack of other large Ottawa firms with capabilities in the area, but also due to the firm's "expertise and depth." Rankin says, "Any time you can be awarded a substantial contract such as this one, it's a good shot in the arm for the firm. We're always seek- ing new sources of revenue and new sources of business, and to be able to land a file such as this one is considerable for our office. "I think it was a real win-win situation because the complexity and just the magnitude of the case was such that in the timing of the case, it really was something that no longer could be managed on an in-house basis. So the government really needed help, and we really had the resources, so it was a perfect fit." Macleod Dixon LLP partner Clarke Hunter was involved in the firm's major file with the feds in 2008 involving multibillion-dollar oil and gas claims brought by a pair of Alberta First Nations. The case, Buffalo v. Canada, began in 1993 and involved a four-year trial and appeal to the Federal Court of Appeal with four weeks of oral argument. The case then reached the Supreme Court of Canada in 2008, where the government received a favourable decision this February. While there could be more issues to litigate in the matter, says Hunter, the SCC decision concluded a major phase of the proceedings and was "gratifying." "It was an important and challenging case, so we were pleased to be involved with it and have a good relationship with the people in the Department of Justice and the Department of Indian and Northern Affairs that we worked with defending this case over a long period of time," says Hunter. He adds that the case involved many oil and gas issues, as well as financial manage- ment issues, and Macleod Dixon's corporate- commercial background likely appealed to the federal government in that context. "This is kind of a unique case because of its size and scope," says Hunter. "So this is not your typical government file, I would say. I think some of the other firms that bill a lot of government work, its many smaller files; this was one major file." LT Top 10 Crown Expenditures USA Washington Weil Gotshal & Manges LLP Canada Ontario Canada Alberta Canada Ontario Canada Alberta Canada Alberta Canada Alberta Canada Ontario Canada B.C. Canada Yukon McCuaig Desrochers LLP Miles Davison LLP Gowling Lafl eur Henderson LLP Bull Housser & Tupper LLP Whittle & Co. Lenczner Slaght Royce Smith Griffi n LLP $4,140,341.15 MacLeod Dixon LLP Lang Michener LLP Code Hunter LLP $9,282,968.96 $1,262,470.19 $606,574.57 $604,556.27 $562,242.34 $560,489.19 $542,971.94 $435,339.11 $384,061.62 June 29/JuLy 6, 2009 • Law Times Millar issues statement on legal aid BY ROBERT TODD Law Times O ntario criminal de- fence lawyers' legal aid boycott seems to have reached the professional regulator's radar screen, with Law Society of Upper Canada Treasurer Derry Millar issuing a statement on the system dur- ing Convocation last week. Millar gave the statement after benchers spent about two hours behind closed doors. It's unclear how much of the time was spent addressing the legal aid boy- cott that has spread throughout the province after its genesis in Toronto on May 30. Millar also addressed a pair of unrelated LSUC fi nancial matters, which he said were handled during the in-camera discussion. "Convocation has authorized me to make the following state- ment," said Millar. "Th e Law Society of Upper Canada has been on the record for many years supporting a sustainable, well-funded legal aid system in Ontario. We are pleased to have a strong supporter of legal aid in the current attorney general of Ontario, and look forward to continuing to work with him." Millar later said, "We be- lieve that access to justice is not an abstract notion, but a constant public policy chal- lenge that requires adequate public funding. Th e Law Soci- ety of Upper Canada supports a vibrant legal aid system for all vulnerable Ontarians, in family law, property law, im- migration law, refugee law, and criminal law." Lawyers signing on to the boycott have pledged not to accept legal aid certifi cates for homicides or guns-and-gangs cases. Participating lawyers in the Kingston area have agreed not to accept legal aid cases involving homicides or dangerous off enders. Th e criminal lawyers want the top legal aid rate raised above the current $98 per hour, which they say fails to adequately take into account high overhead costs and hours of free work they pro- vide due to Legal Aid Ontario's restricted yearly budget. Following a meeting last month with Attorney Gen- eral Chris Bentley, Criminal Lawyers' Association President Frank Addario said the AG of- fered the association's board of directors "his thoughtful and considered perspective." Added Addario, "Unfor- tunately, he was not able to commit at this time to im- provements that are critical to ensuring a sustainable and equitable legal aid system." LT Judge for three hours Continued from page 1 become a supernumerary judge. Th e department never is- sued a clarifi cation of that The Ontario Municipal Service Directory: A Comprehensive Guide for Real Estate Professionals, 2009 announcement. Eke, mean- while, wouldn't acknowledge it when questioned. "Again, I have no comment. It was an unfortunate clerical er- ror that occurred on Friday," says Eke when asked about the Mc- Combs announcement. Th e announcement regard- All the municipal services information you need for real estate searches under one cover This handy resource helps you process your real estate transactions more efficiently, saving you time and energy. Published annually, this sixth edition of The Ontario Municipal Service Directory: A Comprehensive Guide for Real Estate Professionals, 2009 gives you up-to-date and easily accessible municipal contact information. 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Perfectbound • March 2009 • Current edition • $85 • P/C 0517010999 Standing Order • $80 • P/C 0517140999 • ISSN 1206-694X Marketplace EMPLOYMENT WANTED SERVICES - Available law clerk. Proficient in estates, real estate, litigation, ADR, corporate/com- mercial and labour and employ- ment. Part time. Messages (416) 621-2485. For a 30-day, no-risk evaluation call: 1.800.263.2037 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 Ont Municipal Directory (LT 1-3x4).indd 1 6/24/09 2:45:41 PM LT0729 To advertise call 905-841-6481 ing Newton went on to out- line his credentials, including a BA from the University of Toronto in 1979 and a LLB from Osgoode Hall Law School in 1982. Th e civil liti- gation specialist was called to the bar in 1984 and "was a partner at Carrel & Partners LLP from 1984 to 2009," stated the announcement. Newton did not respond to Law Times' requests for comment. LT W ith Introduction and H by Michael L. Y Member of the Ontario Bar istorical Linkages oung, LL.B.

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