Law Times

March 11, 2019

The premier weekly newspaper for the legal profession in Ontario

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LAW TIMES 16 COVERING ONTARIO'S LEGAL SCENE | MARCH 11, 2019 NEW PROPOSED RULES FOR TRIBUNAL Benchers at the Law Society of Ontario were divided at a Feb. 28 Convocation meeting over new proposed rules for On- tario's Law Society Tribunal. In a close vote of 23 for and 21 against, Convocation decid- ed to table the proposal, which had originally been set to go into place on April 1. If Convocation ultimately de- cides to adopt the rules, it could improve the f lexibility of the tribunal, which can decide the fate of lawyers and paralegals accused of misconduct, said Bencher Isfahan Merali, chairwoman of the committee that presented the proposal. "You'll see the rules are more user-friendly and f lexible, they are clearer and use plain language," Merali told Convocation. The new proposed rules would revoke the old rules in favour of recommendations that "better accommodate vulnerable witnesses and those with mental health issues," said a report from the LSO's Tribunal committee. Among the proposed rules are a simpler appeal process, a rule on publication bans and anonymity for children and sexual misconduct complainants and "specific considerations for departures from open- ness in capacity proceedings." There are also new timelines that speed up requests for written rea- sons and allow licensees more time to respond in certain situations. NEWTON-SMITH BECOMES JUDGE Apple Newton-Smith will be a judge at the Ontario Court of Jus- tice in Toronto starting March 13, Ontario Attorney General Caro- line Mulroney announced on March 5. Before joining the bench, Newton-Smith was a partner at Berkes Newton-Smith, a duty counsel at the Ontario Court of Appeal and a law professor at several Toronto universities, the announcement said. LAW PROFESSOR WINS FICTION AWARD Jamie Chai Yun Liew, an associate professor at the University of Ottawa Faculty of Law, has won the 2018 Jim Wong-Chu Emerging Writers Award for fiction, the Asian Canadian Writers' Work- shop announced on March 1. Liew's manuscript, Dandelion Roots, relays the story of a woman and mother ref lecting on her childhood in a Canadian-Chinese com- munity in British Columbia, says Liew, who teaches in the Com- mon Law section. "My area of speciality is in immigration, citizenship and refugee law. A lot of the themes the manuscript picks up relate to migration, issues of statelessness and issues of belonging," says Liew. LAW TIMES POLL Bencher candidates running in the Law Society of On- tario's upcoming election have differing positions on the LSO's requirement for lawyers and paralegals to complete a statement of principles. Law Times asked readers if this is- sue will be a deciding factor in their votes for the bencher election on April 30. A majority, 79 per cent, of re- spondents said the statement of principles issue will be a deciding factor in their votes on April 30 and that the issue is very important to them. The minority, 21 per cent, of respondents said the statement of principles requirement is not something that will factor into their de- cision-making process when voting. LT The Inside Story BY VIOL A JAMES ROYAL GAME OF SOCCER LONDON — Hundreds of people descended on the town of Ashbourne in central England recently to play a traditional football game in which the rules are hazy and the goals five kilo- metres apart, reports Reuters. The Royal Shrovetide Football Match involves teams called the Up'ards and the Down'ards, which battle to try and tap the ball three times on stone plinths that act as goals. Well aware of the passions involved, local shops close early and board up as if preparing for a riot. Due to the large numbers taking part, there is little kicking of the ball with players instead tending to carry the ball across the boundary-free pitch. The match is played on both Shrove Tuesday and the follow- ing day, Ash Wednesday, but goals are rare because of the size of the pitch, with last year's match finishing 1-1. The centuries-old event in Der- byshire gained its "royal" title when the future Edward VIII started the game in 1928 by throwing up the ball in traditional fashion, an act since repeated by present heir to the throne Prince Charles in 2003. POST OFFICE TAKES LEGAL HEAT ARLINGTON, Fla. — You've probably heard the saying about U.S. postal workers: Nei- ther snow nor rain nor heat nor gloom of night is going to stop them from delivering the mail. But the Occupational Safety and Health Administration doesn't seem to agree. OSHA accuses the Arling- ton post office on Merrill Road of putting mail carriers in dan- ger by requiring them to deliver mail in high temperatures, re- ports the Journal-News. The federal agency issued the U. S. Postal Service a US$129,336 fine on Jan. 24. The Postal Service began the process of contesting that fine on March 5. According to OSHA, around Aug. 9, "Letter Carriers were exposed to the hazards of high ambient temperatures while de- livering mail," which could have led to "heat cramps, heat exhaus- tion, and heat stroke." "People's health is No. 1 and should be a priority in any job or task that is set before us," said post office customer Frank Jack- son. Chief meteorologist Mike Buresh at WJAX-TV said that was the hottest time of the year in Jacksonville, with a heat index up to 107F (41.7C). "I think it's awful, if they had to work under those conditions," said post office customer Diane Nelson. OSHA's website says it has cited USPS for violating the agency's same rule five times since 2014 at post offices across the country. A Postal Service spokesper- son said she couldn't answer any questions about the citation because USPS is contesting the fine. AI CAMERAS SPOT SHOPLIFTER BEFORE THEY STEAL TOKYO — It's watching, and it knows a crime is about to take place before it happens. Vaak, a Japanese startup, has developed artificial intelligence software that hunts for poten- tial shoplifters, using footage from security cameras for fidg- eting, restlessness and other potentially suspicious body language, Bloomberg reported March 5. While AI is usually envi- sioned as a smart personal assis- tant or self-driving car, it turns out the technology is pretty good at spotting nefarious be- haviour. Like a scene out of the movie Minority Report, algorithms analyze security camera footage and alert staff about potential thieves via a smartphone app. The goal is prevention; if the target is approached and asked if they need help, there's a good chance the theft never hap- pens. Vaak made headlines last year when it helped to nab a shoplifter at a convenience store in Yoko- hama. Vaak had set up its software in the shop as a test case, which picked up on previously unde- tected shoplifting activity. The perpetrator was arrested a few days later. "I thought then, 'Ah, at last!'" said Vaak founder Ryo Tanaka, 30. "We took an important step closer to a society where crime can be prevented with AI." Shoplifting cost the global retail industry about US$34 billion ($45 billion) in lost sales in 2017 — the biggest source of shrinkage, according to a re- port from Tyco Retail Solutions. While that amounts to approxi- mately 2% of revenue, it can make a huge difference in an industry known for razor-thin margins. "If we go into many retail- ers whether in the U.S. or U.K., there are very often going to be CCTV cameras or some form of cameras within the store opera- tion," said Thomas O'Connor, a retail analyst at Gartner. SIDEBURNS ARE TRENDY AHMEDABAD — Men across India, stirred into patriotic pas- sion by an air force pilot shot down in a dogfight with arch- rival Pakistan, are copying the facial hair of their new hero, re- ports Reuters. Tension between the nuclear- armed neighbours escalated late last month when both countries claimed they downed enemy jets, with Pakistan capturing a pilot, in an ongoing dispute over the Kashmir region. The pilot, Wing Commander Abhinandan Varthaman, crash- landed in Pakistan-controlled territory. After attempting to f lee on foot, firing his pistol in the air to deter stone-throwing locals, he became the human face of the crisis. He has been released by Paki- stan. Barbers in several cities in India said they had received re- quests to copy Abhinandan's fa- cial hair, a distinctive hybrid of a horseshoe moustache and mut- ton chop sideburns. "Everybody follows Bolly- wood and celebrities' style, but he is the real hero of our coun- try," said Dhiren Makvana, 30, the manager of a fitness club. LT Isfahan Merali says new rules proposed for Ontario's Law Society Tribunal 'are more user-friendly and flexible.' Bizarre Briefs CREDIT: VOLODYMYR HORBOVYY/SHUTTERSTOCK 79 % YES, I AGREE 21 % NO, I DO NOT AGREE When you are looking for specialized legal counsel, turn to the resource that showcases peer-ranked Canadian legal talent. LAWYER Untitled-7 1 2019-03-07 10:55 AM

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