Law Times

February 25, 2019

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BY ANITA BAL AKRISHNAN Law Times LAW Society of Ontario bench- er candidates may be gearing up one of the most competitive elec- tions in recent memory. But at least one bencher can step back from the campaign: Jack Braithwaite. Braithwaite was declared an elected bencher of the northeast electoral region as of Feb. 8, as he was the only candidate nomi- nated in the northeast electoral region, the LSO announced on its website. Braithwaite says the spir- ited debate around the State- ment of Principles — an aspect of lawyers' annual reports that acknowledges an "obligation to promote equality, diversity and inclusion generally" — was one factor in his decision to run for re-election. Braithwaite says he also hopes BY ANITA BAL AKRISHNAN Law Times CANDIDATES for the Law Society of Ontario's board say the LSO's $2,201 annual fee for lawyers is something they would scrutinize if elected. Benchers in Convocation ap- proved the LSO's 2019 budget in October 2018. The budget calls for $142.54 million in gross expenditures, funded in part by an increase in fees paid by lawyers and para- legals that went into effect on Jan. 1, when the fees were due. Lawyers' fees rose $18 to $2,201 in 2019 from $2,183 in 2018, according to the LSO's 2019 budget summary. The budget also noted that the law society's deficit is ex- pected to rise to more than $8.7 million this year, from more than $7.5 million last year. "If you look at the budget, the starting proposition is 'This is what we want, therefore, this is what it is going to cost," says E. Patrick Shea, a partner at Gowl- ing WLG in Toronto who is running for bencher in the 2019 election, which is due to take place April 30. "Maybe we can't do it all, though. Maybe decisions need to be made — hard decisions — about what we can do and how PM #40762529 BY ANITA BAL AKRISHNAN Law Times THE Ontario Superior Court of Justice decided that a cou- ple was not in default in their agreement to purchase a condo, despite the vendor's claim that they should not have their de- posit returned. Mark Ross, counsel on the case defending the couple, says the decision calls out builders' bad faith in "heavily one-sided financing clauses" in purchase and sale agreements. Ross, who practises at Ross Barristers PC in Toronto, says the decision puts good faith duty on the vendors when they assess the quality of information pro- vided by purchasers. "In these builder agreements of purchase and sale, it's not uncommon for them to have these sort of financing approv- al clauses, which are extreme- ly onerous and nearly — if not completely — impossible to comply with," says Ross. The Feb. 15 decision in Ania v. Spice Danforth Inc., 2019 Condo ruling defends purchasers Mark Ross says a recent Ontario Superior Court of Justice decision puts good faith duty on the vendors when they assess the quality of information provided by purchasers. Bencher hopefuls crunch the numbers on LSO fees Braithwaite declared early winner in bencher election See Fees, page 2 See Differences, page 3 See No, page 2 Stories swirl Federal controversy page 6 Voter turnout Important act page 5 COVERING ONTARIO'S LEGAL SCENE | FEBRUARY 25, 2019 | WWW.LAWTIMESNEWS.COM | VOL. 30, NO. 7 | $5.00 Private mortgages Think through challenges page 7 Focus on Corporate & Commercial Law page 8 E. Patrick Shea is running for bencher and says those elected to the governing body may face tough budgetary decisions ahead. Photo: Laura Pedersen Follow The Bencher Election is Coming Visit our new micro-site devoted to the upcoming LSO Bencher Election with news coverage, candidate profiles and advertising opportunities for bencher candidates. Connect with all facets of the bencher election and make an informed decision by visiting today. Untitled-1 1 2019-01-30 9:22 AM Legal News at Your Fingertips Sign up for Canadian Legal Newswire today for free and enjoy great content. Visit newswire-subscribe ntitled-1 1 2019-01-24 9:56 AM

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