Law Times

March 18, 2019

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LAW TIMES 2 COVERING ONTARIO'S LEGAL SCENE | MARCH 18, 2019 mansingh, a partner at Juriansz & Li and one of the lawyers who represented appellants Andrew Faas and the Faas Foundation. "So, we don't have judicial pronouncement on that issue: What happens if you give money for a designated purpose? What are the considerations for sat- isfying the criteria for whether an investigation would be in the public interest?" says Lachman- singh. "I think the result may be a chilling effect on donations. If you give money for a specific purpose — and you want it used for that purpose — I don't know that there's a way to enforce that." The dispute centred on Faas Foundation and its principal, Andrew Faas, who agreed in 2014 to donate $1 million to CAMH, according to Edward's 2018 decision. The donation, according to the decision, was intended for a pro- gram called Well@Work, a pro- gram that was set to be developed over three years to provide online resources, training simulations and leadership training for men- tal health in the workplace. Meanwhile, CAMH staff had been working toward imple- menting Canada's national stan- dard on mental health at work. Faas had asked that the pro- gram be extended to five years and had also requested the "identities, positions and sala- ries, hours worked, and descrip- tion of work of all staff work- ing on Well@Work" as well as spreadsheets of contributions and records of suppliers, the de- cision said. However, Faas only donated one-third of the total sum, as he became "disenchanted with the direction of the program" after the first year, wrote Morgan. Faas sought an order direct- ing the Public Guardian and Trustee to investigate the use of the funds. Lenczner Slaght Royce Smith Griffin LLP lawyer Kelly Hayden, who represented the Centre for Addiction and Men- tal Health and its foundation, declined to comment. "The issue, I think, comes down to the fact that donors have power before the gift is made. At that point, they can negotiate for information, they can negotiate the terms of the gift. But once the gift is made, it's made," says Adam Aptowitzer, principal at Drache Aptowitzer LLP, who practises out of Ot- tawa and Toronto. He was not involved in the case. Michael Leaver, a partner at Kelly Santini LLP in Ottawa, says the case shows that there is a high threshold for a court to say that there's a public interest when it comes to these dona- tions. Leaver was not involved in the case. "There's going to be a certain level of 'buyer beware,' frankly, where donors and philanthro- pists will have to be conscious of the fact that the donor agree- ments may be followed. But maybe the level of disclosure in the professional business world — it's going to be short of that," says Leaver. LT More case law needed on charities, says lawyer Continued from page 1 situation. And this makes sense to me," says Corsetti, who is run- ning for re-election. "For paralegals, the big issue is expanding the scope, so this family law licence is to me just probably one of the most im- portant things that the law soci- ety has ever done for the people of Ontario. Yes, it will improve the paralegal scope of practice, but it's also helping the people who have a real need." On Feb. 28, a report to Con- vocation said the law society expects to spend $570,000 on li- cence development this year and that there have been more than 100 in-depth meetings with stakeholders since the Family Law Action Plan was approved on Dec. 1, 2017. Although there have been discussions about scope of practice for paralegals in On- tario back to the 1980s, the topic continues to be a hot one, as Ontario was one of the first and only jurisdictions in North America to regulate paralegals, says Lisa Trabucco, assistant visiting professor at the Univer- sity of Windsor. According to the law society, the number of paralegals in Ontario has near- ly quadrupled since regulation. Other provinces will be watch- ing Ontario's moves on family law, too, Trabucco says. Corsetti says her role on the Family Law Working Group, where she is vice chairwoman, is mostly dealt with in camera, but she adds that there could be a change coming in the family law realm for paralegals as soon as 2020. The report noted that al- lowing paralegals to practise family law will be one of several changes facing family law prac- titioners, alongside Bill C-78, which would change the laws surrounding custody and di- vorce, and the expansion of the Unified Family Court, which the Canadian government says aims to reduce confusion around the division of responsibilities be- tween the federal and provin- cial/territorial jurisdictions in family law. M. Anne Vespry, a bencher, teacher and part-time lawyer in Ottawa who is running in the election, says the LSO's com- mitment to expand the scope of paralegals was a wise one and it should move forward. "A first-year-call lawyer who may have not taken family law in law school . . . if someone with that qualification can walk in and handle a family law trial, I'm not sure that I'm comfortable saying someone with specific training — as yet unknown — should not be allowed to do the same thing," says Vespry. "My understanding is that's not what the law society is work- ing on. I don't believe there is any intention to expand the paralegal scope that far. So, if it's a matter of people who can help with preparing a case, can han- dle the paperwork, joint applica- tions, applications where there is not going to be any response, basic paperwork up to and in- cluding representing at a mo- tion, I would have no problem with that." Robert Burd, who is also run- ning for re-election, says he's hoping that incoming lawyer benchers, like their predeces- sors, will be willing to look be- yond their personal views and view the issue through the lens of the public interest. "Ultimately, what goes hand in hand with that is to sell it to the lawyers and especially those in the family law bar who are ex- tremely concerned about para- legals venturing into the realm of family law," says Burd, presi- dent of Not Guilty Plea Paralegal Services PC in Brampton, Ont. "I wish it would be viewed as an initiative to help access to jus- tice rather than a threat to any- body's livelihood. But, ultimate- ly, this isn't done without there being an access to justice need. There hasn't been really any ex- pansion for the scope of practice for paralegals since regulation. And, so, this has only been driv- en by the fact that there is an ac- cess to justice need." Stephen Parker, a sole prac- titioner who is running for the role of paralegal bencher, says that, despite becoming involved in the paralegal regulation sphere in 2002, he feels there is unfinished business when it comes to the role of paralegals. "As far as education is con- cerned, from my own personal point of view, there should be a post-licensing further education, two full semesters on nothing but family law and related law, with a separate exam and a spe- cialized licence," says Parker. "They say they want to push forward with it, but I think the Paralegal Standing Committee should be pushing even more. One can't help but feel that the law society might be trying to hold things up. I'm not saying they are, but there is a certain perception among paralegals that there is stalling going on." LT NEWS Continued from page 1 Access to justice debate turns to paralegal scope ONTARIO LAWYER'S PHONE BOOK 2019 The Ontario Lawyer's Phone Book 2019 has more than 1,400 pages of indispensable legal references that can connect you with anyone you need. Updated throughout the year, it contains names, phone numbers, mailing addresses and emails so you don't have to search anywhere else. Order your copy today! Visit or call 1.800.387.5164 for a 30-day no risk evaluation. Perfectbound • Published December each year On subscription $87.50* • One time purchase $91* Order No. L7798-8405 • ISBN 978-0-7798-8405-6 Multiple copy discounts available *Plus applicable taxes and shipping & handling. Prices subject to change without notice. CONNECT INSTANTLY TO ONTARIO'S LEGAL COMMUNITY Untitled-2 1 2019-01-23 2:46 PM

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