Law Times

Law Times • November 30, 2009 FOCUS PAGE 11 a year ago, there were still some harsh words lobbed between paralegals and lawyers. Indeed, the Ontario Bar As- sociation used some decidedly uncivil language on its web site to describe paralegals before the province passed the Ac- cess to Justice Act in 2006 that regulated paralegals under the auspices of the Law Society of Upper Canada. Subsequently, Bill 14 contained amendments to the Law Society Act that ex- panded the LSUC's mandate to oversee paralegals. Even then, the animosity and rhetoric fl ared on both sides as they sought to hammer out a working relationship. But how times have changed. In October 2008, there were zero paralegals licensed with a P1 designation to work in Ontario. As of the beginning of October 2009, there were 2,577 registered and licensed paralegals, including al- most 1,000 in the Toronto area. Th at's substantially more than the LSUC anticipated when it embarked on this jour- ney, suggesting previously that there were perhaps 1,000 para- legals in Ontario. As far as enforcement goes, paralegals appear to be in line with lawyers, says Susan Tonkin, an LSUC communi- cations adviser. "Since March 2008, the [LSUC] has received 434 com- plaints about paralegals with many resolved and closed," she says. "On average, the law so- ciety receives approximately 30 complaints per month about paralegals, and the majority are not serious enough to warrant discipline." She adds: "To date, there have been two summary hearings in- volving paralegals, both for fail- ures to respond to the society in the context of a regulatory in- vestigation and both resulting in indefi nite suspensions." Th e overriding feeling now is one of acceptance, says Chris Surowiak, president of the Para- legal Society of Ontario. In fact, he says, there are rumblings about fi rms adding paralegal departments to their own operations while those that already use paralegals are looking to expand. Still, he says, the work is not done yet. Th e paralegal society continues to lobby the LSUC through the paralegal standing committee over exemptions to the legislation, including for those who work in-house. "In my view, for example, the in-house paralegal also needs to be licensed," he says. "For one, it would create more employment for those coming into the fi eld." Licensing everyone, he says, would also level the playing fi eld with in-house paralegals who then would face the same set of ethical and professional codes Dust settles between lawyers and paralegals A BY I. JOHN HARVEY For Law Times ll's fair in love and war, they say, so it's no sur- prise that up until about of conduct as their colleagues when going head-to-head at tri- bunals and boards. As it stands, colleges are start- ing to churn out licensed para- legals, but there are few jobs for them, Surowiak notes. He'd also like to see the fam- ily court opened up to parale- gals, a touchy point since it was in this arena where the anger and confrontation be- tween lawyers and non-lawyers most often fl ared and where ill-prepared litigants with few resources were most likely to use paralegals who in turn were often untrained and unskilled in the constantly changing de- mands of the Family Law Act. Th e main reason for the ex- clusion was the feeling that, with children and property involved, opening the family court to paralegals could be problematic. Surowiak, however, says there's no good reason not to use a paralegal in an uncontested divorce where there are no chil- dren or property. Still, he acknowledges that things have come a long way. Th ere's a code of conduct for paralegals, licensing require- ments have been clarifi ed for those already in the business, and errors-and-omissions insur- ance is in place. More importantly, there's a continuing dialogue with the law society over changes and ad- justments to the regulations. "I think we're happy. We're working with the [law society] over our concerns and lobbying them for changes," he says. "And they're including us in their dis- cussions and events." Bruce Parsons, former president of the paralegal society, says there's still some residual ani- mosity on both sides that by and large is fading. A positive change that's coming, he says, is the in- crease in the Small Claims Court threshold, pushing it to $25,000 as of Jan. 1. With the civil process streamlined for matters under $100,000, there's an expectation law- yers will be busy in the main courts, which could mean more opportunities for parale- gals on small-claims cases. "I also think that as more of the dust settles, new business models will emerge," says Par- sons. "For example, we do Pro- vincial Off ences Act cases and now we have a lawyer in-house. I think some of the larger fi rms will start to look at having paralegals in-house or expand the paralegal departments they have now." LT Subscribe to Law Times Why pay extra for your legal news? Cutting-edge legal affairs, news and commentary for just 37¢ a day! Make the time for Law Times and keep up with all the developments in Ontario's legal scene. Subscribe today and receive: • Unlimited access to the Law Times digital editions and to our digital edition archives...FREE • Canadian Legal Newswire, a weekly e-newsletter from the editors of Law Times and Canadian Lawyer...FREE Titogether we have all the tools. tlePLUS title insurance and you, TitlePLUS title insurance and you, together we have all the tools www.mckellar.com 1-800-265-8381 $3.55 • Vol. 20, No. 13 Covering Ontario's Legal Scene Cosgrove says 'life goes on' after the bench 'Shock and disappointment' BY ROBERT TODD Law Times F ormer Ontario Superior Court justice Paul Cosgrove has spo- ken out on the Canadian Ju- dicial Council's decision to call for his ouster, saying he was compelled to resign due to his pending retire- ment, despite finding aspects of the council's report "troublesome." Cosgrove tells Law Times in an interview that once the CJC issued its recommendation to the justice minister, "My options were pretty narrow." While he believes he could have committee appealed an earlier report at resigned inquiry the Federal Court, he says a decision was un- likely before his mandatory retire- ment took hold in December. Cosgrove earlier Former Superior Court justice Paul Cosgrove tells this month after the CJC issued a final re- port stating that his actions in a late- pending mandatory retirement compelled him to resign from the bench rather than battle a call for his ouster. Quote of the week people in public office, and they were given little weight, according to the decision." Cosgrove's final criticism is the CJC's determination that the issue of public confidence was central to its decision. He suggests that it remains unclear what evidence is required to make such a determination. Fight Over Fees 6 9 April 20, 2009 Inside This Issue 3 The financial crisis that has hit directly New York and London, being financial centres of the world, and the financial institutions based there, has not hit to the same degree in Canada, primarily because of the strength of the financial institutions in Canada. WHICH DIRECTION IS BEST FOR YOU? RainMaker Group 110 Yonge Street, Suite 1101 Toronto, Ontario M5C 1T4 Tel: 416-863-9543 Fax: 416-863-9757 www.rainmakergroup.ca q Send me 1 year of Law Times for only $135.00 (Total with GST: $141.75) Name: __________________________________________________________________________ Company: _______________________________________________________________________ Address: ________________________________________________________________________ City: ____________________________ Prov: _______________ Postal Code: __________________ Tel: ( ) _______________________ Fax: ( ) ______________________ Email: ____________________________________________________________________________ qPayment enclosed qCharge my: qVisa q Mastercard q American Express Card #: __________________________________ Expiry Date: ___ / ___ (mm/yy) Signature (required): ________________________________________________ Date: ________________ 240 Edward St. Aurora, ON. L4G 3S9 Tel: (905) 727-0077 Fax: (905) 841-4357 Mail or fax this form to Law Times Canadian Business Law Journal In-depth coverage of recent legislation, case law and policy developments related to Canadian and international commercial and business law issues In print and now online, this internationally renowned journal strikes the right balance between commentary on current legislative and case law developments and in-depth analysis of major issues in the corporate, commercial and international arenas. Thought-provoking articles previously published in this journal include: • Globalization and the Practice of Law – One Lawyer's Perspective – • Reflections on the Recommendations of the Task Force to Modernize Securities Legislation in Canada: A Retail Investor Perspective – • Piercing the Corporate Veil and the "Pure Form" of the Corporation as Financial Innovation – • Recovery of Unauthorized Taxes: A New Constitutional Right – • Legal Strategies to Profit from Peer Production – Access to CBLJ Online, for one personal workstation, is included with your print subscription. Additional workstations are available for an added charge. Benefits include: quick and easy electronic access to the most current CBLJ articles; one-stop searching of the entire CBLJ library – more than 30 years worth of material; and 24/7 access to CBLJ Online from any Internet connection. ORDER your copy today Subscription $215 per volume • 2/yr (includes online access for one personal workstation) P/C 0310090003 • ISSN 0319-3322 Back volumes and indices available upon request • Contact your Account Manager for additional site licences 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 Canadian Business Law Journal (LT 1-3x4).indd 1 11/25/09 3:24:54 PM LT1130 www .lawtimesnews.com Includes a FREE digital edition! Editor- Assistant Editor: Adam Ship Book Review Editor: Thomas Telfer Regional editors and specialist editors in- Chief: Jacob S. Ziegel Donald R. Crawshaw Jeremy de Beer Peter W. H ogg Christopher C. Nicholls Paul H alpern and Poonam Puri

• Cover
• A Distinguished Career
• Collaborative Law
• Focus On Business of Law