Law Times

www.lawtimesnews.com LAW TIMES 6 COVERING ONTARIO'S LEGAL SCENE | JANUARY 21, 2019 COMMENT T his week, you may notice the print edition of Law Times looks a little different. We've launched a redesign of the newspaper, in order to en- hance readability. It's part of ongoing efforts to ensure both our print and online content is accessible, and enjoy- able to peruse. In tech circles, people talk about "user experience" — but that's what's top of mind when we select our stories, craft our features, or respond to readers in their queries and comments about what's of interest to the Ontario legal community. The content we feature in these pages isn't what you'll find elsewhere, or even what you would have found in these pages 10 years ago. For example, in this issue, we report on what lawyer Chris- topher Dilts says are increasing awards at the Human Rights Tri- bunal of Ontario. "It shows there is more to fight for in these cases. If only $10,000 or $15,000 is in play, often times human rights litiga- tion just doesn't happen because the costs exceed the award," Dilts told the Law Times. "When we get into higher numbers it makes litigation more of a reasonable option." We also have a set of features exploring condominium law in Ontario. One of the features looks at the effect of electronic voting on condominium meet- ings, and how it might enhance overall governance. "In Canada, electronic vot- ing methods and, in particular, the use of electronic proxy vot- ing platforms, have been used by condominiums since 2015," says Trevor Zeyl, a senior associate at Norton Rose Fulbright Canada LLP. "Typically, we see an in- crease in voter turnout by three to four times, when comparing a paper-based vote versus using electronic proxies or balloting." This is a good change — tech- nology driving increased en- gagement. Whether it's online, or in print, we hope you'll embrace our changes, too. LT Editorial Obiter Gabrielle Giroday Embracing change ©2019 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement Number 40762529 | ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd. LT.editor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $205.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $199 + HST per year for online only. Single copies are $5.00. Circu- lation inquiries, postal returns and address chang- es should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact: Keith Fulford - (416) 649-9585 | Fax: (416) 649-7870 keith.fulford@thomsonreuters.com SALES AND BUSINESS DEVELOPMENT Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Sales Manager: Paul Burton - (416) 649-9928 paul.burton@tr.com Consultant, Strategy and Business Development: Ivan Ivanovitch - (416) 887-4300 ivan.ivanovitch@tr.com Business Development Consultant: Kimberlee Pascoe - (416) 996-1739 kimberlee.pascoe@tr.com Account Executive: Steffanie Munroe - (416) 315-5879 steffanie.munroe@tr.com Law Times Director/Group Publisher . . . . . . . . . . . . . Karen Lorimer Managing Editor . . . . . . . . . . . . . . . . . . . . . Jennifer Brown Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . .Gabrielle Giroday Staff Writer . . . . . . . . . . . . . . . . . . . . . Anita Balakrishnan Copy Editor . . . . . . . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editor . . . . . . . . . . . . . . . . . . . . . Laura Crawford Art Director . . . . . . . . . . . . . . . . . . . . . . . . . Phyllis Barone Production Co-ordinator . . . . . . . . . Jacqueline D'Souza Electronic Production Specialist . . . . . . . Derek Welford Thomson Reuters Canada Ltd., One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON M1T 3V4 | Tel: 416- 298-5141 | Fax: 416-649-7870 | lawtimesnews.com LT.editor@thomsonreuters.com | @lawtimes BY IAN HARVEY T he best laid plans of mice, men and legislators may sometimes go awry. In the three months since can- nabis was decriminalized, the provincial pot-for-profit scheme is clearly unravel- ling. Question: did anyone in the Ontario government charged with formulating the distribution and sale of marijuana really think their approach through? Fact: the black market is a well oiled- machine driven purely by supply and demand with a long been established, almost infinite, network for distribution and sale of multiple products. Most dealers sell more than just weed and offer other, more serious drugs such as cocaine. They're not going to shut up shop overnight simply because a government- approved pot shop has opened up across the street. The previous government's plan to own and operate 150 storefront locations across Ontario was underwhelming to begin with but the new regime's scheme of just 25 locations is even more shaky and the online Ontario Cannabis Store has clearly shown the government has no business selling weed. It's also added costs by in- sisting on all legally grown pot destined for retail to be delivered to a secret 70,000 square-foot warehouse in the west GTA, so clandestine that even the union representing LCBO workers can't get ac- cess to those employees to sign them up. While 25 lucky lottery winners have won the right to open an Ontario cannabis retail store by the auspiciously selected date of April 1, their presence will not salvage a concept already gone up in smoke. With municipalities opting out of hosting pot shops there are also ques- tions that 25 locations are simply too few, especially since the previous government authorized 150. Further complicating things are wide- spread reports of a supply shortage from licensed growers and barren shelves in Quebec's stores, a phenomenon picked up by the Washington Post and other main- stream media in the last month. There's no such shortage in the un- derground market, however, where prod- uct is abundant, according to a Statistics Canada report this month. It doesn't take a degree in eco- nomics to project that official pot retailers will never have the luxury of a monopoly like the LCBO or the Beer Store and the pipe dream of an extinguished underground market is never going to materialize. We all know a guy who knows a guy and a quick check with that certain guy recently confirms suspicion: sales are steady, prices have fallen, supply is abundant. There is, perhaps, some hope for those pot-shop lottery winners.Based on a first- hand recent visit to a pot shop in Fort Saskatchewan, Alta., there's an upscale market they may tap into rather than the mainstream everyday smoker who will continue to buy from their guy at much lower prices. Knowledgeable sales staff in elegant boutiques with wares on display and a selection of products makes shopping easy, though more expensive than the old school route. Also, local dealers don't generally list the THC and CBD levels of their product beyond whether the pot is an indica strain (sedative) or sativa (energizer), giving the pot shops an edge, especially with novice and novelty buyers. All of which leaves the enforcement of cannabis laws somewhat in limbo. While some avenues of income for defence lawyers may have atrophied, new streams are opening up. Anecdotally, from conversations with criminal defence lawyers, it appears po- lice are delighting in issuing tickets under the new rules and more unusual and in- teresting cases are undoubtedly coming to court and the legislation will be tested repeatedly. There are going to be issues over sharing of plants, swapping strains and a string of home kitchens has already popped up making and selling edibles well in advance of Health Canada's legalization of those products this coming October. Conclusion: defence lawyers shouldn't worry. There's still going to be plenty of can- nabis work to go around. Ian Harvey has been a journalist for more than 41 years, writing about a diverse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. Pot retailing plans go up in smoke Queen's Park Ian Harvey

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