Law Times

PAGE 4 NEWS Insurance and Risk Management in Commercial Leasing Finally, a resource that simplifies these complicated concepts Insurance and risk management issues in the commercial leasing context are highly technical, interrelated and often misunderstood. Insurance and Risk Management in Commercial Leasing is the first resource to simplify these complicated concepts. Find detailed discussion on: • the types of insurance that apply to landlords and tenants • risk that is excluded from coverage and factors that limit insurance proceeds or recovery • clarification on common misconceptions such as key differences between "additional insureds" and "additional named insureds" • the right to subrogate and waivers of subrogation • express and implied common law releases and indemnities • managing liability for pure economic loss and implications in the leasing community • the damage and destruction provisions of a lease and how they interrelate with the repair, insurance, indemnity and release provisions … and much more. This unique resource includes over 100 case commentaries, detailed analysis and references to applicable statutes from across Canada. It also includes numerous precedent provisions and drafting tips and a glossary of insurance industry terms to guide you through the process. This resource is a must for anyone who prepares, negotiates, reviews or administers commercial offers to lease and/or leases. ORDER your copy today Hardbound • 210 pp. • May 2009 • $98 P/C 0299010000 • ISBN 978-0-88804-483-9 ous cases, several applications are making their way through courts around the province aimed at providing special funding for people unable to get a lawyer. The A applications, which come amid the ongoing legal aid boycott, are from people charged with murder or other serious offences who can't find competent counsel to repre- sent them on a legal aid cer- tificate, says Criminal Lawyers' Association executive member Andras Schreck. As a result, they're applying to have the court appoint a lawyer for them at another rate. In most cases, the accused For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. MICHAELOFF_Insurance and Risk Managemnt (LT 1-4x3).indd 1 LT0715 6/10/09 10:03:57 AM have identified someone they'd like to have act for them. But while the lawyers in question are unwilling to do it on a legal aid certificate, they would provide representation at a rate lower than a private fee, Schreck says. "In all these cases, the lawyers in question have indicated a will- ingness to take it on at a fair and reasonable rate but not at the legal aid rate, which they view as not fair and reasonable. These are long trials, and to do them on legal aid is just not financially feasible for many lawyers." There are currently two ongo- ing special applications, one in Welland and one in Thunder Bay, that are set to continue at a later date. Another is also being brought in Haileybury, while a second Thunder Bay application will go before the court later this month. All are murder cases being argued by CLA members, says Schreck. The CLA legal aid boycott of murder and guns-and-gangs cases has been going on since June after starting in Toronto and then spreading across the province. Hundreds of law- yers have since signed on, and Schreck says reports have sug- gested recently that 70 cases are currently on hold as a result. The boycott is aimed at highlighting the imbalance in Ontario's criminal justice sys- tem between the government's Marketplace No, we don't really think of ourselves as superheroes (although, we do regularly appear just in time to save the day) E-discovery requires expertise, strategic understanding, diligence and a uniquely collaborative approach. Fortunately, we have access to the most talented litigation support experts through our broad network of industry leaders and our ever-expanding database of over 30,000 legal professionals. Keep your e-discovery requirements in-house by recruiting our e-discovery experts. For seamless integration with the shortest possible search time – whatever your needs … whether it be one expert, a team, direct hire, temporary or contract. Just call us. We'll be there! • Phone: (416) 363-7227 • Fax: (416) 363-6125 • kentlegal.com • www.lawtimesnews.com EMPLOYMENT WANTED SERVICES - Available law clerk. Proficient in estates, real estate, litigation, ADR, corporate/com- mercial and labour and employ- ment. Part/full time. Messages (416) 621-2485. To advertise call 905-841-6481 November 2, 2009 • Law Times Boycott battle deepens BY HELEN BURNETT- NICHOLS For Law Times s Legal Aid Ontario begins posting jobs for counsel to take on seri- funding of police and prosecu- tion resources and support for legal aid, says the CLA. Criminal lawyer Paul Burstein notes that in other cases, the courts have taken the initiative to appoint amicus curiae when they were unable to find quali- fied senior counsel who would take on legal aid certificates. He says he expects more of the special applications to materialize and has been con- tacted by a number of unrep- resented people who have tried and failed to retain lawyers in homicide cases. They're asking to either retain him or get a referral to someone else who will bring one of the funding applications forward. In each of the special cases, LAO has attempted to find someone willing to take the case on, Schreck says. "Whether the accused in question wants to accept the per- son that legal aid found, whether or not the person is competent, are open questions," he says. In the meantime, LAO has a posting on its web site seeking criminal counsel with the major case management office respon- sible for conducting litigation of serious criminal trials and providing oversight of other matters. LAO says it's looking to attract lawyers with five to 20 years' seniority in practices devoted to criminal law to con- tract with the organization. In a statement, LAO said that since the boycott began, it has been assisting clients whose cases could be affected by the boycott to retain counsel. "In most cases, this involves local legal aid offices working directly with clients and talk- ing with members of the local bars to help identify lawyers to accept cases that could be impacted by the boycott." The contractors LAO is seek- ing will provide the organization with the "ability to fill a range of litigation and representation gaps quickly and with flexibil- ity," the statement noted. In terms of compensation, LAO says contractors will maintain their private practice and will receive the appropri- ate tariff rate along with a $5,000 administrative retainer to "reflect the administrative burdens associated with work on these cases." The plan also includes a proposed $2,000 administration fee per case to reflect the challenge of hav- ing to accept matters on short notice. Only designated cases will be eligible for the fee. "LAO will take action as necessary, within the frame- work of the Legal Aid Services Act, to ensure we continue to fulfill our legislated obli- gation to promote access to justice in Ontario by provid- ing high-quality legal aid ser- vices for low-income individu- als throughout Ontario," the organization said. LT Dawn Michaeloff

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