Law Times

Law Times • September 30, 2013 Page 5 NEWS High-profile Ontario case cost almost $400,000 Continued from page 1 approach to the issue by providing the coverage but on a sliding scale based, for example, on the risks associated with different practice areas. "The problem for lawyers is that it's generally a more expensive proposition to do individual assessments of those kinds of risks," he says. Like McGrath, Hayes suggests many of the concerns lie with smaller law firms in terms of how effectively they've put in place protections to prevent cybercrime. "I think there has been some seriousness in the bigger firms," he says. "In the smaller firms . . . I think it's been an extraordinarily wide range," he adds, noting the big risk in terms of data security is with firms that use cloud computing services. For Daniel Tobok, national managing director of forensics for Telus Communications Co., law firms need to do more than just investing in firewalls to prevent data breaches of client information. "I always start with the internal process, education," he says, noting talking to employees about security issues is cheaper than elaborate technological solutions. Audits and controls are also key, he adds. What's worrisome, he says, is that many lawyers, particularly those at small law firms, aren't aware of the threats as they believe they won't be a target. "They all have this feeling that nobody's going to target them. What they're missing is it's no longer about somebody going particularly after you," he says. "It's random," he adds. In describing some of the concerns he's had about law firms, he notes some of them have Wi-Fi networks without passwords. "If I can get into their network through a Wi-Fi, I can do a lot of damage to them," he says. He also has concerns about firms' bring-your-own device policies, something he calls "the devil's work." "The problem is not every law firm knows how to handle that. We've seen some interesting incidents in many law firms." LawPRO's changes follow high-profile revelations of the siphoning of $380,000 from an Ontario firm's trust account last year. Through malware, fraudsters were able to follow a bookkeeper's keystrokes and use the information to access its online banking system. "With total incurred costs of $392,715, this claim represents the first substantial loss under the program as a result of cybercrime," the LawPRO report notes. For some lawyers, restrictions on coverage for cybercrime are welcome. Toronto criminal lawyer Aaron Harnett, who has seen many bogus-cheque scams in his e-mail inbox, says practitioners need to be extra vigilant. Besides the cybercrime changes, the good news for lawyers is LawPRO is freezing base premiums at $3,350. It's also increasing the deductible for claims related to administrative dismissals to $10,000. LT Device protocol touted Continued from page 1 to court motions and trials that are "truly ready" for a hearing, said Smith. "When counsel seek trials and motions that aren't truly ready for hearing, earlier dates become unavailable for matters that are ready to proceed," she added. On the court's side, Smith said it's engaging in "an extensive internal review" of its judicial scheduling and assignment practices. Superior Court Justice Geoffrey Morawetz will conduct the review, she said. "I could not be more delighted or more confident that we have the right person for the job," added Smith, who also noted Morawetz' review, which will extend to the Greater Toronto Area, would seek to identify best practices. "We are poised to take further steps to ensure that only motions and trials that are truly ready to proceed are placed on the appropriate motions and trials in civil proceedings and to ensure that the dates delivered are much more timely. As a court, with Justice Morawetz leading this initiative, we will not rest until we achieve reasonable time periods to the hearing of all civil long motions and long trials in the GTA." In Toronto, the court has engaged its civil bench and bar committee in the matter, Smith said. The court has also already met with leaders of the bar, including the treasurer of the Law Society of Upper Canada, executive members of the Toronto Lawyers Association, the Ontario Bar Association, and, most recently, The Advocates' Society to come up with a collaborative solution. "This [is a] goal we see as an essential deliverable for a real access to justice," said Smith. When it comes to timely justice, Ontario can look to the Small Claims Court, she noted. "I am very happy to report that it remains a model of timely, effective, and affordable justice in Ontario handling approximately 45 per cent of all civil proceedings filed in this province," said Smith, who lauded speedy justice in Ontario's criminal proceedings as well. Chief Justice of Ontario Warren Winkler and Ontario Court Chief Justice Annemarie Bonkalo also spoke at Tuesday's event. Bonkalo highlighted the new protocols for the use of electronic devices in courts that allow recording unless the judicial officer has restricted it. "These initiatives demonstrate the commitment of the Court of Justice to the principle of open court," she said, adding the court is also committed to "demystifying" the court process to the public. Bonkalo also talked about the "striking" number of unrepresented litigants in family courts who continue to pose challenges for the justice system. Another highlight from the Ontario Court of Justice in the past year was a meeting with stakeholders on how to improve fly-in justice operations to aboriginal communities in the province's far north, she added. "I am pleased to report that the work is already underway to address the operational enhancements identified in the report." LT FourPointLearning_LT_Sep30_14.indd 1 13-09-26 5:41 PM Your source of essential legislation New editioN Consolidated ontario small Claims Court statutes, regulations and rules, 2013-2014 Mr. Justice Marvin a. Zuker access a wealth of relevant, up-to-date statutes, regulations and rules for your small claims matters with this comprehensive, portable, and easy-to-use guide. New iN this editioN • • • AllthelatestamendmentstotheSmallClaimsCourtrulesand forms, including the latest amendments in force January 1, 2013 (O. reg. 400/12) AmendmentstotheSmallClaimsCourt–FeesandAllowancesand SuperiorCourtofJusticeandCourtofAppeal–FeesRegulations,in force september 1, 2012 (O. regs 247 and 248/2012) Allamendmentstothekeystatutescontainedintheconsolidation, including the latest amendments to the Bankruptcy and Insolvency Act in force april 1, 2013 (s.c. 2012, c. 31, ss. 414-418) order # 985321-65203 $95 softcover approx. 1240 pages august 2013 978-0-7798-5321-2 annual volumes available on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. www.lawtimesnews.com AvAilAble Risk-FRee FoR 30 dAys order online: www.carswell.com Call toll-Free: 1-800-387-5164  in toronto: 416-609-3800

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