Law Times

PAGE 4 NEWS Virtual office to save costs Continued from page 1 turned down money from Coca-Cola Co. and Starbucks Corp. because the companies couldn't meet stringent tests for donors. "It was painful sometimes," Hazell says. "Th e point is that the policy had some teeth and it was se- rious, even for an organization like the Sierra Club, which is not well-heeled at all." Hazell is hoping the fi rm, which he launched with fellow lawyer Beth Hardy, will fi ll a void in the Canadian legal marketplace. Traditional fi rms have been missing a trick, he believes, by failing to wear their sustainability credentials on their sleeves. In a survey of the web sites of the 20 largest law fi rms in Canada, Hazell found just six advertised a commitment to a green offi ce policy and even fewer mentioned donations to or pro bono work for environmental charities. "Most of the biggest fi rms aren't even at that very basic level with things like printing double-sided as much as possible or turning off the lights in the offi ce," he says. While some smaller law fi rms are better at trumpeting their green achievements, Hazell hopes to stand out by defi ning his fi rm by its sus- tainability. Businesses outside the practice of law have been much better at greening their opera- tions, he notes. "Th ere's companies all across this country who are going green, partly because they believe in the issues, partly because they see the process of greening as an area of profi tability." Hazell hopes to attract some of those businesses away from law fi rms with less credibility on sustain- ability issues. "You wonder about green businesses who are really concerned about global climate change and the catastrophes that are waiting for us, yet they're working with law fi rms that also repre- sent the tarsands companies," he says. "Th ere are green businesses out there that work with investment companies that are promoting green investments. Th ey'll ask themselves, 'Why shouldn't we be working with lawyers that are actu- ally interested in protecting ecosystems and ensuring that economic and social activity is sustainable?'" Apart from the focus on green issues such as climate change and environmental assessment law, Hazell says a virtual offi ce is a big part of Ecovision Law's plan to have a low environmental impact. "We don't expect we'll have an offi ce downtown. We'll operate out of home offi ces and use diff erent types of software to work together." Hardy, who is currently completing a master's degree in global sustainability and environmental law at the University of Ottawa, says Ecovision Law is a fi rm "for the 21st century." "Not having to lease expensive downtown offi ces with mahogany wainscotting and Group of Seven paintings also means that the fees charged by Ecovi- sion lawyers will be very competitive," she says. May 30, 2011 • Law TiMes New libel defence failed before jury Continued from page 1 make any comment," Ver- dun tells Law Times. "I am under an interim court or- der that prevents me from saying absolutely anything about him. I can say ab- solutely nothing. You can draw your own conclusions. I am muzzled." In December 2004, Ver- dun wrote to David Gal- loway, the Bank of Mon- treal's chairman, to oppose Astley's appointment to its board. Th e e-mail was one of eight statements the jury found to be defamatory. In it, Verdun described Astley as "unethical, greedy, and narrowly-focussed." He also warned Galloway that Ast- ley's appointment would give him "no choice but to engage in a very public campaign against him." Verdun stayed true to his word when he spoke for 35 minutes at the Bank of Mon- treal's annual general meeting the following February. He labelled Astley a "stain on this board" without "integrity or ethics." Verdun stepped up his cam- paign in November 2005 by submitting shareholder pro- posals to several large banks suggesting that Astley was in- eligible to serve as a director of the Bank of Montreal. "One of the interesting as- pects of this case was the de- fendant used the shareholder proposal process to make some of the publications that the jury found were defamatory," says Brian Radnoff , a partner at Lerners LLP and Astley's other co-counsel. Under the Bank Act, banks are required to republish share- holder proposals in their own proxy circulars that go to all of their shareholders. "In this case, that gave them very wide publication," Rad- noff says. Th e moves prompted a stern defence of Astley from the Bank of Montreal and a warning letter from his law- yers asking Verdun to stop making the remarks. But Ver- dun responded by complain- ing to the Ontario Securities Commission about the bank's defence, again insisting that Astley "lacked the integrity" to serve as director. Astley's lawsuit, fi led in May 2006, sought $1 million in damages. It alleged Verdun had acted deliberately to hold Astley up to "public scandal, ridicule, and contempt." Verdun responded with a BRILLIANT. A PREMIUM COLLECTION OF FINELY-CRAFTED LEGAL MEMORANDA – NOW AVAILABLE ON WESTLAW® CANADA* What better place to start your research than an illuminating analysis of your legal issue? Our new legal memoranda collection defines research excellence. Current, clear and concise, every memorandum cuts straight to the heart of a legal issue in one of ten practice areas. And each one is designed to give you perfect transparency – you start with a free summary page that shows you the author's name, drafting date, issue discussed and other critical details of the memo. You'll always be confident you're working with up-to-date analysis from the finest names in law. Classified by issue and linked to relevant case law, statutes and commentary, every memorandum offers a shining start to polished, finished research. Jump start your research with legal memoranda that provides thorough legal analyses and conclusions that help you make critical decisions, create compelling arguments, and achieve better results for your clients. Excellent legal research starts here. Legal Memorandums on Westlaw® Canada Call 1-866-609-5811 or visit westlawcanada.ca * Available as an add-on to an existing Westlaw Canada subscription or on a pay-per-view basis. counterclaim for defamation related to stories that covered the launch of the lawsuit. But the counterclaim was eventu- ally thrown out in April 2008 because Verdun had failed to serve a written notice as re- quired by s. 5(1) of the Libel and Slander Act when the defamation action arises out of newspaper reports. Th e matter fi nally reached trial earlier this year. "It's rare for a defamation action to go to trial and it's even rarer for them to go to trial in front of a civil jury and for you to get to the end," Rad- noff says. Verdun attempted to raise the defences of qualifi ed privi- lege and fair comment during the trial as well as the newly created defence of responsible communication. But the jury rejected all of them and found he had acted with malice. Be- cause civil jury trials are such a rarity, Radnoff believes this is the fi rst time one has heard the responsible communica- tion defence since the Supreme Court of Canada created it in December 2009. "It has been considered by judges, but we don't believe there's been a decision where a jury has rendered a decision on the defence," he says. Carswell-1/2-1_LT_May30_11.indd 1 www.lawtimesnews.com 5/20/11 11:51:06 AM

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