Law Times

Law Times • march 15, 2010 NEWS PAGE 5 Experts have little protection from lawsuits Continued from page 1 Police, offi cers fi elded public complaints in November 2009 about a man who said he was a psychologist and referred to himself as a doctor while giv- ing testimony in family court. Police said the man's evidence led to parents' loss of custody of their children. Offi cers later discovered the man was registered with the College of Psychologists of Ontario as a psychologi- cal associate with limits on his practice. Police said the man doesn't have a doctorate degree recognized by the college. Carter, 63, faces three charges of fraud, two charges of obstructing justice, and two charges of perjury. According to Carter's pro- fi le on the college's web site, he is authorized to practise in the areas of clinical psychology, counselling psychology, and school psychology. A limitation on his practice listed on the site reads as fol- lows: "Th at your practice in psychology is not to include the autonomous performance of the controlled act of com- municating to a person a diag- nosis identifying as the cause of a person's symptoms, a neurop- sychological disorder or a psy- chologically based psychotic, neurotic or personality disor- der. You may perform this con- trolled act only under supervi- sion of a member of the college authorized to communicate a psychological diagnosis." Carter's profi le also includes details of professional disciplin- ary matters and a referral to the college's discipline committee. According to the record, Cart- er faces allegations of profes- sional misconduct following a complaint from an individual identifi ed only as Mr. S. He accuses Carter of contraven- ing his practice restriction and failing to maintain professional standards by "making misrep- resentations about his creden- tials, authoring a report based on inadequate information, au- thoring a report that fell below the standard of care of a rea- sonably prudent psychological associate, and/or contravening one or more of the standards of professional conduct." A second complaint from Dr. M. also accuses Carter of contravening his practice re- striction and failing to main- tain professional standards. In addition, it alleges Carter en- gaged in an act that members of his profession would fi nd "disgraceful, dishonourable or unprofessional." Th e record doesn't specify a date for a hearing on the cases. None of the allegations against Carter, either in the disciplinary matters or the criminal charges, have been proven. A request for comment from Dr. Catherine Yarrow, registrar of the college, wasn't Town hall next month Continued from page 1 regarding access to buildings within the outer security zone," Mitchell says. Until the security perimeter and restrictions are established, law fi rms, like other businesses, can only do so much to prepare for the summit. But it's unlike- ly the security blueprint will be available before May. By then, the RCMP unit will have held a late-April town hall meeting in order to seek stakeholder in- put. Meanwhile, law fi rms are co- operating with other businesses and institutions in providing input, keeping abreast of infor- mation, and exchanging ideas to ensure safety and the smooth fl ow of business. Within the profession, several fi rms are taking an active role in the process. Discussion on prepa- rations for the summit, for ex- ample, was on the agenda at an informal meeting last week. Still, individual fi rms are at diff erent stages in their plans. Blake Cassels & Graydon LLP says planning is "well un- derway" but it's "premature" to comment further. Bennett Jones LLP won't have an action plan until it has heard from its prop- erty managers. "Our plans would be an ex- tension based on their provi- sions," says fi rm spokesman Michael Fiorini. Borden Ladner Gervais LLP will "have comprehensive plans in place to ensure that we are providing our clients with the best possible service in a timely manner." Cassels Brock & Blackwell LLP has "no special plans in place" and Stikeman Elliott LLP advises that "not much [is] going on here at this time." it all starts somewhere www.ridoutmaybee.com returned by press time. Carter also didn't respond to requests for comment by press time. Lesley Kendall, a partner at Cunningham Swan Carty Little & Bonham LLP in Kingston, Ont., and a certifi ed specialist in family law, says she collects the curriculum vitae of any psy- chological expert she relies on in court and typically uses those who have amassed good reputa- tions for their eff orts in court. Kendall says she has never heard of an unqualifi ed expert giving psychological evidence in family court and doesn't believe stricter protocols are necessary. "Th ere's a fairly rigorous process through both profes- sional organizations, whether it's the law society or the gov- erning bodies that govern psy- chologists," she says. At the end of the day, Ken- dall says it's up to the courts to decide if expert evidence is reliable. "If there's not a curriculum vitae there and the practical ex- perience that an expert would need to qualify themselves as an expert, the court just won't accept it," she says. Meanwhile, Dart notes that the number of mental-health experts who are willing to tes- tify in court is diminishing. In the family law context, there are very few people who will pro- vide custody and access assess- ments, he says, adding there's little to protect such experts against professional negligence proceedings if a litigant is un- happy with their evidence. "We are losing these experts because, although they're ap- pointed by the court and they answer to the court, they don't have the same protection as a judge from lawsuits." LT When it comes to IP in Canada, We're Well Read Ridout & Maybee LLP: Editors of the Canadian Patent Reporter LT Ridout_LT_Feb9-16_09.indd 1 2/5/09 10:52:55 AM The Ontario Municipal Service Directory: A Comprehensive Guide for Real Estate Professionals, 2010 All the municipal services information you need for real estate searches under one cover ORDER your copy today! Perfectbound • March 2010 • One time purchase • $86 • P/C 0517010999 • On subscription • $81 • P/C 0517140999 • ISSN 1206-694X For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com OMSD 1/4 pg. 4X.indd 1 3/10/10 4:33:01 PM W ith Introduction and H by Michael L. Y istorical Linkages oung, LL.B.

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