Law Times

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News, Commentary, Focus Sections, Analysis, Caselaw Contact: CarswellMedia.Sales @thomsonreuters.com for more details ONTARIO LAWYER'S PHONE BOOK 2013 More detail and a wider scope of legal contact information for Ontario than any other source: ȕ .PSFUIBO26,000 lawyers ȕ .PSFUIBO9,000 law firms and corporate offices ȕ 'BYBOEUFMFQIPOFOVNCFSTFNBJMBEESFTTFTPGȮDFMPDBUJPOT BOEQPTUBMDPEFT Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation YOUR MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS 1FSGFDUCPVOEȕ1VCMJTIFE%FDFNCFSFBDIZFBS 0OTVCTDSJQUJPO 0OFUJNFQVSDIBTF- .VMUJQMFDPQZEJTDPVOUTBWBJMBCMF 1SJDFTTVCKFDUUPDIBOHFXJUIPVUOPUJDF UPBQQMJDBCMFUBYFTBOETIJQQJOHIBOEMJOH OLPB_LT_Feb11_13.indd 1 13-02-06 12:58 PM OPSEU accuses province of contempt Union challenging MAG over new independent body for transcripts he Ontario Public Ser- vice Employees Union is taking the province to court over its failure to abide by a ruling involv- ing court interpreters as the govern- ment gets set to create a new body that would oversee their work as in- dependent contractors. e new process will create a divi- sion between salaried court reporters overseeing the recording of trials and independent contractors perform- ing the resulting transcription work. e move, according to OPSEU, ies in the face of a recent Grievance Set- tlement Board decision. In response, the union, which represents 650 court reporters, has led an applica- tion with the Superior Court asking to have the Ministry of the Attorney General found in contempt. Under the new scheme, court re- porters working for the government will oversee in-court digital record- ings of the proceedings. Contracted court transcriptionists on a panel list overseen by an independent body will then take over. Some court reporters are happy with the new arrangement. "I am relieved to nally be getting some answers a er seven years of not knowing that for sure," says Tricia Rudy, who has been working for the ministry as a court reporter in New- market, Ont., since 2006. "I'm thrilled that the ministry rec- ognises that the reporter of record is and always has been in the best po- sition to produce an accurate tran- script and will still be o ering us the option to continue working as min- istry employees and to also be grand- parented onto the approved list for independent transcription." e position has been something of a hybrid. While in court document- ing proceedings, Rudy works as an employee. But as a transcriber of those proceedings, she's an independent businesswoman with an incorporated business that keeps her very busy. Next January, contractors regulated by an independent administrative body will produce all certi ed tran- scripts for Ontario's criminal, civil, and family court systems. e change will take the work outside of the OPSEU bargaining unit. e government will create the independent body to ad- minister transcript production and maintain a publicly accessible list of court transcriptionists. NOW INCLUDES Collaborative Separation Agreement 1.800.653.0925 | www.divorcemate.com ntitled-1 1 13-02-06 8:53 AM L AW TIMES Man suing lawyers fights vexatious litigant ruling n the last two decades, William Malamas has sued dozens of parties, many of them lawyers, in numerous actions. Now, as he appeals a Superior Court judge's order declaring him a vexatious litigant, the former real estate developer says the justice system has failed him. " e system has failed me miserably," he says as he sits out- side the Ontario Court of Appeal following arguments last week challenging a June 2012 decision barring him from bringing any more applications. He lugs a box carrying sev- eral thick binders that include his a davits. During the June 11 hearing, appeal court Justice John Laskin made a remark about the length of Malamas' claim but as- sured him that the court had read it all. In the last 20 years, the now self-represented litigant has spent more than $1 million in legal costs, he tells Law Times. "In the end, I couldn't keep it up. at's why now I'm doing this alone." Malamas' long legal saga began some time in the early 1980s when he was the landlord of a Danforth Avenue property in Toronto that had the National Bank of Greece as its tenant. He would later lose his property when the recession hit and his mortgage exceeded the value of the property. In his developer days, Mala- mas got into a dispute with the occupant bank and sued it for rent arrears and damages for breach of the lease. In the coming years, he sued virtually all of the lawyers who represented him in that liti- gation and other cases he came to be involved in. According to court documents, Malamas argues the lawyers "developed an attitude of increasing malice" toward him during their representation of him. e law rms named in vari- ous lawsuits over the years, some of which no longer exist, include McCarthy Tétrault LLP, Toome Laar & Bell, Raphael Professional Corp., Goodman and Carr LLP, CBA FUTURES Association calls on lawyers to innovate P5 SKEPTICAL EYE Anti-SLAPP bill has its downsides P7 FOCUS ON Family Law P8 $4.00 • Vol. 24, No. 21 June 17, 2013 The province's move 'flies in the face of the arbitrator's ruling,' says Jim Jurens. Photo: Robin Kuniski See Phone, page 4 The Ontario Court of Appeal has reserved its decision on William Malamas' appeal of the vexatious litigant finding. COVERING ONTARIO'S LEGAL SCENE • WWW.LAWTIMESNEWS.COM PM #40762529 Follow LAW TIMES on www.twitter.com/lawtimes BY MARG. BRUINEMAN For Law Times T BY YAMRI TADDESE Law Times I " e ministry researched the court reporting and transcript production models in place in other ju- risdictions across Canada and the United States, the technology currently available, and the unique needs of a jurisdiction as large and complex as Ontario," said Ministry of the Attorney General spokesman Jason Gennaro. " e proposed framework is consistent with the proven approach in most other provinces and many international jurisdictions." "It's going to be the same basic product and service. It's going to be done in a di erent way," says Joanne Hardie, president of the Court Re- porters' Association of Ontario. "If the integrity of the record is to continue to be preserved at the highest possible standard for the people of this province to be properly served, and for the profession of court reporting to remain the same,those fundamental goalswill only be successful if we accept the change." e province o ered existing court reporters See Long-standing, page 4 ISSUE DATE FOCUS SECTION AD CLOSING May 5 Personal Injury Law April 23 May 12 Running Your Practice April 30 May 26 Criminal Law May 14 June 2 Internet/E-Commerce May 21 June 9 Real Estate Law May 28 June 16 Family Law June 4 June 23 Municipal & Planning Law June 11 July 7 Legal Specialists & Boutiques June 25

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