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October 20, 2008

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McKELLAR STRUCTURED SETTLEMENTS INC. 1-800-265-8381 ckellar_LT_Jan14_08.indd 1 $3.55 • Vol. 19, No. 321/8/08 3:03:02 PM Inside This Issue 3 Women In Law 6 A Criminal Mind 9 Focus On Business/ Competition Law Quote of the week "Exactly how predatory pricing is enforced and what the appropriate measure of cost is have been somewhat contro- versial and until recently, subject to much debate. I think there has now been consensus between the bar and the Bureau." –– Michelle Lally, partner, Osler Hoskin & Harcourt LLP See Predatory, page 10 Covering Ontario's Legal Scene long with volatility in global markets and decreasing credit availability, the volume of initial public offerings and other deals in Canada has slowed leaving On- tario's securities lawyers with a lighter than usual workload in certain areas. However, several lawyers in the industry are confident a return to market fundamen- tals will eventually happen. Over the last month, markets have been in- Lawyers confident in eye of storm A Bears and bulls battle for Bay Street BY HELEN BURNETT-NICHOLS For Law Times creasingly volatile, with the TSX dropping 16 per cent in the first full week of October. Last Monday, the Dow Jones Industrial Average ral- lied more than 936 points, its biggest one-day gain since the 1930s, while on Tuesday, the TSX surged more than 890 points, or 9.8 per cent but fell Wednesday and Thursday. "Whether that's just another data point in a volatile time, we'll know eventually," says Shawn McReynolds, a partner at Davies Ward Phillips & Vineberg LLP in Toronto. McReynolds says he is fairly positive, long- term. "I've been here since 1982. I've seen disrupt- ive events, maybe not quite on the scale of what we've seen for the last three months, but I don't doubt that the market will revert to fundamental values and volatility will abate at some point." He says it's "an event unlike any other since What do over 2,500 Canadian law firms have in common? They all use to process their family law practice needs. October 20, 2008 I've arrived here, but I don't doubt that sooner or later," confidence will return. "Good com- panies that are well capitalized and well man- aged will prosper, at the expense of companies that are undercapitalized or badly managed." In his own practice, McReynolds says there has been a decline in capital markets transactions Bears have been running rough-shod over Bay St., but securities lawyers say things will eventually turn around for the bull. recently as a result of volatility. He started to no- tice the slide in this area of work in the sum- mer of 2007, when the asset-backed commercial paper issues first appeared in Canada. Supreme Court gets tech facelift BY ROBERT TODD Law Times A within the Supreme Court's main courtroom this fall is the absence of recently departed Justice Michel Bastarache. That's because Teramura led rchitect Allan Teramura hopes the only major change anyone notices a group charged with bringing the courtroom up to 21st centu- ry technology standards, all while retaining the historic structure's original appearance. The associate with Watson- vention" was needed to bring the courtroom up to speed, especial- ly when it came to bringing in ca- bling to support new equipment. "In a normal building that He says a "fairly extensive inter- MacEwen architects in Otta- wa was the project architect for a court remodeling over the past two summers for Public Works and Government Services Canada on behalf of the Supreme Court. wouldn't necessarily be an enor- mous challenge," says Teramura. "But because it is an amazingly re- fined and highly crafted heritage in- terior, making this intervention ap- pear invisible was the major chal- lenge for us. Obviously you don't want to change the character of the room by making a lot of technology suddenly visible in the space." Supreme Court deputy regis- trar Louise Meagher says the Su- preme Court received $5.1 mil- lion in funding from the Treasury Board for the modernization proj- ect, which is expected to cost $6.5 million over four years. On top of upgrades to the courtroom infra- structure itself, the multi-faceted, four-year program includes e-filing measures, e-doc and records man- agement, and changes to the policy for access to court documents. In terms of changes to court- room infrastructure, new digital broadcast quality cameras have been purchased (look out for web casting from the court in the new year), lighting and sound compo- nents have been improved, and computers have been installed in benches for all judges, counsel, media, and clerks. Four new flat-screen monitors Meagher says much of the equipment in the court was up to 15 years old, with the last ma- jor remodeling conducted in the mid-1990s. At that time, new equipment was brought in to per- mit video conferencing, but reli- ability of that aging gear became a big concern. Teramura says the Supreme also have been installed for the public, an accessible lectern has been put in, audio-visual and in- terpreter rooms have been refur- bished, and wireless internet can now be accessed in the courtroom. Court's desire to have laptop com- puters installed in all sitting posi- tions in the court — for judges, counsel, clerks, and media — had designers scratching their heads. They needed to recess the com- puters into desks, but Teramura didn't want to hack up the origi- nal furniture to do it. Designers ended up fabricating reproduction furniture, he says. The replica desks have removable See Courtroom, page 4 Illustration: Marianne Boucher He adds that, "In terms of mergers and acqui- sitions work, there's been a significant decline in the number of transactions that depended upon See Lawyer, page 4

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