Law Times

Page 20 OctOber 6, 2014 • Law Times www.lawtimesnews.com TWU RULING OUTLINES WHO CAN INTERVENE Faced with 14 motions to intervene in Trinity Western University's judicial review application, Superior Court Justice Ian Nordheimer granted only some of them in a ruling last month. Ten of the 14 applicants asked to in- tervene in favour of Trinity Western in its challenge of the Law Society of Up- per Canada's decision to deny accredi- tation of its planned law school. But many of the 10 applicants, most of them religious groups, had similar viewpoints, according to Nordheimer. The court, he said, isn't look- ing for "slight nuances." He granted intervener status to the Christian Legal Fellow- ship and jointly to the Evangelical Fellowship of Canada and the Christian Higher Education Canada. He denied intervener status to the Canadian Council of Christian Charities, the As- sociation for Reformed Political Action Canada, the Catholic Civil Rights League, and the Faith and Freedom Alliance. He also granted the applications of The Advocates' Society and the Criminal Lawyers' Association as well as joint intervener sta- tus for Out On Bay Street and OUTlaws. However, he declined intervener status for the Canadian Association of Labour Law- yers. He also outlined some conditions. For example, they won't seek costs or be subject to them, their submissions can't be longer than 15 pages, they'll have 30 minutes to speak, and they must file all of their materials electronically. The decision comes as Canada's law societies continue to grapple with the accreditation issue. On Sept. 26, the benchers of the Law Society of British Columbia decided to hold a referendum on the issue this month following a special general meeting that sought to reverse their earlier decision in favour of the law school. For its part, Trinity Western expressed disappointment at the latest devel- opment. "The referendum cannot be binding on the benchers," said Trinity Western school of law executive director Earl Phillips. COMPANY SANCTIONED FOR WEIGHT-LOSS UNDIES WASHINGTON — In a case of yet another product that sounds too good to be true, a com- pany has landed in regulatory trouble for adver- tising underwear that helps you lose weight. Bras, girdles, and leggings infused with caf- feine and sold as weight loss aids were more de- caf than espresso, and the companies that sold them have agreed to refund money to customers and pull their ads, U.S. regulators said. According to Reuters, the case accused Wa- coal America and Norm Thompson Outfitters, which owns Sahalie and others, of deceptive advertising that claimed their caffeine-impreg- nated clothing would cause the wearer to lose weight and have less cellulite. "If someone says you can lose weight by wearing the clothes they are selling, steer clear. The best approach is tried and true: diet and ex- ercise," said Jessica Rich, director of the Federal Trade Commission's bureau of consumer pro- tection. In the case of Oregon-based Norm Thomp- son, the company sold clothing made with Lytess brand fabric infused with caffeine that the company said would break down fat. "Slimming and firming results are visible in under a month," the company said in one ad- vertisement the commission quoted in its com- plaint. Wacoal America, based in New Jersey, also advertised its clothing had microcapsules with caffeine, vitamin E, and other chemicals that it said led to weight loss. In one ad, it cited the "revolutionary iPant new shapewear that works with your body to eliminate cellulite," the com- mission said. In both cases, the companies didn't have evi- dence to back up their claims that the clothing would lead to substantial weight loss, the com- mission said in the complaints. Refunds will be about $1.5 million, the com- mission said. SHOPPERS FINGERPRINTED AT GROCERY STORES CARACAS — This is a good case for the privacy commissioner. According to Reuters, the Venezuelan govern- ment has started to fingerprint shoppers at some state-run supermarkets in a plan to combat food scarcity. Shoppers have struggled for more than a year to find basic goods such as powdered milk and cooking oil. Currency controls implemented over a decade ago under the late president Hugo Chavez mean importers don't have the U.S. dol- lars required for imports. Long queues are a ubiquitous sight in shops while Venezuelans often have to visit several stores to find what they're looking for or settle for substitutes. Amid growing frustration, the government said last month it would install a biometric system to weed out the smugglers and hoarders President Nicolas Maduro blames for the shortages. The government has gradually implemented the plan designed to prevent shoppers from stocking up on cheap price-fixed goods in some state-run supermarkets that chief ly cater to the government's supporters among poor voters. "This guarantees price-fixed products will re- main on shelves," said Food Minister Yvan Bello during a visit to a huge Bicentenario supermarket in Caracas to drum up support for the effort. About 785,000 people have registered in six state-run food store chains across the country, the Information Ministry said in a statement. "The results are excellent," Bello said as he inspected the fingerprinting machines set up in a store. Critics counter fingerprinting shoppers won't attack the root of the problem while others worry about what they deem an invasion of privacy. The government said it had arrested 794 sus- pected smugglers since early August as part of a campaign to stop the sale of food and other subsidized products across Venezuela's borders, mainly in neighbouring Colombia. LT ARE YOU RECEIVING CANADIAN LEGAL NEWSWIRE? Keep abreast of essential late-breaking legal news and developments with our electronic newswire. VISIT OUR WEBSITE WWW.CANADIANLAWYERMAG.COM AND LOOK UNDER "LINKS" SIGN UP FOR FREE From the publisher of and Untitled-5 1 14-05-27 1:38 PM u Bizarre Briefs By Viola James u The InsIde story COLUMNIST APPOINTED DIRECTOR OF TITLES Law Society of Upper Cana- da Bencher and Law Times col- umnist Jeffrey Lem is the new director of titles for the Ontario government. Lem started his term on Oct. 1. A certified specialist in real estate law, he most recently prac- tised at Miller Thomson LLP. In his new position, Lem is responsible for the Land Titles Act, the Registry Act, and the land registration system. He re- places assistant deputy minister Kate Murray, who retired from the position earlier in the year. NEW OBA SECTION LAUNCHED The Ontario Bar Association has a new section for child and youth law. With Ontario's children's law- yer Lucy McSweeney at the helm, the section will focus on im- proving the experience of children and youth in the justice system. "It is critical to recognize that, in virtually every area of the law, special considerations must be brought to bear in order to prop- erly serve children and youth," said McSweeney. "Our new section will educate the bar and public-policy makers about these factors and thereby improve access to justice for On- tario's vulnerable young people." The section launched last week together with an OBA profession- al development program that will help lawyers serve independent teens and youth who are seeking child support from their parents. "When a child is forced to leave home involuntarily, par- ents continue to have financial support obligations. Many youth in these circumstances find themselves living on the street either unaware of their rights or unable to enforce them," said Mary Birdsell, executive direc- tor of Justice for Children and Youth and vice chairwoman of the new section. LT Earl Phillips

• Cover