Law Times

Law timeS • September 28, 2009 NEWS PAGE 3 Benchers to decide next steps in LSUC review Continued from page 1 the discipline bench as needed. Convocation committees should be restructured to bet- ter fi t the LSUC's roles ascribed in the Law Society Act, said the CDLPA. Th e report also suggests that more law society work be open to the public. "Th e use of in camera pro- ceedings should be amended in order to conform to a more modern notion consistent to present standards of access to information under freedom of information legislation appli- cable to quasi-public institu- tions, which given the law so- ciety's 'public interest' mandate is relevant," stated the report. While the law society has taken an important step by study- ing its governance structure, Bocock says it's time to bring in some meaningful changes. "We're not suggesting this is the panacea to all the prob- lems but we are saying that if you adopt something that is reasonably similar to this, this will constitute a major step forward in delivering a model of governance that is more transparent, more recogniz- able, and more accountable," he says. "We're also gently say- ing it's time to stop studying and it's time to get on with the reforms." For Sossin, meanwhile, the law society's current gover- nance structure is "misaligned to the need for its leadership in decision-making." He suggests it's a no-brainer for the law society to get rid of life-bencher positions. "Th ere's no principled rea- son why anyone should have membership on a body for life," he says. Term limits would help inject new blood into the institution and ensure it keeps in touch with the profession, he adds. But the CDLPA's proposal for Convocation to pick two additional benchers following elections may prove diffi cult to implement, says Sossin, who notes it could be challenging to establish criteria for select- ing candidates. "I think the idea that the election process will tend to disadvantage some kinds of voices and advantage others is well known and not likely to change without some kind of draconian spending limits that may be counterproductive be- cause then no one gets the mes- sage out," he says, adding "the devil will be in the details." But Sossin suggests the big- gest roadblock to change at the law society may be the self- interest of those voting on the reforms — the benchers. "Whatever changes happen are going to have to be em- braced, or at least bought into, by the current group of leaders, who of course are this fairly unwieldy structure that we're trying to reform," he says. "I know some issues, like term limits, are going to be viewed in a very mixed way," says Sossin. "If you're sitting in your third term and you're thinking about a proposal to limit benchers to two terms, it's hard not to feel personally invested in that question." Bencher Tom Heintzman, chairman of the law society's governance task force, hoped to have a report to Convoca- tion this month on fi ndings from the consultation process. It would then be up to bench- ers to decide the next steps in the governance review. But law society communica- tions director Roy Th omas says the results are "being consolidat- ed" and will likely be presented at October Convocation. LT Brown overcame long odds after car accident Continued from page 1 says. "Th ere are barriers in the profession, both obvious and hidden, that result in some of our members from certain mar- ginalized groups or communities that are under-represented in the practice. I want to focus on that and I want to try to formulate some programs and plans . . . that will assist in breaking down the barriers." She also lists access to justice as another "substantive" area where she will focus her eff orts. Some of the member service is- sues she hopes to tackle include professional development and greater participation in the asso- ciation from regions and young lawyers. But while Brown will now be able to lead some of those changes as head of the OBA, it's worth pointing out that she took a roundabout route to that point. She grew up in the small town of Camden, N.Y., as the only child of two teachers who encouraged her to succeed at school. She then used her strong academic abilities to get a bach- elor's degree from Middlebury College in Vermont, a school known for its language courses. She moved on to complete a master's degree in language and literature at the Sorbonne in Paris. While in France, she met a Canadian man, which prompted her to move to Toron- to. Th ere, she spent four years working at the French consulate doing art exchanges and coun- selling students about education in France. She then followed her urge to become a lawyer by enroll- ing at the University of Toronto Faculty of Law, where she met her husband Donald Piragoff — currently an assistant deputy minister at the Department of Justice — at the school's law library. "It was the great Canadian love story," she says with a laugh. Her strong grades helped her land an articling position with Gowling Lafl eur Henderson LLP in Ottawa. She then returned to Toronto after being off ered a Honsberger_Bankruptcy in Canada (LT 1-3x4).indd 1 clerkship with the Ontario Court of Appeal. Piragoff was at that point working with Justice Canada, so Brown went back to Ottawa to practise with the 15-lawyer fi rm Scott & Aylen, which later merged with other fi rms to be- come BLG. She has since devel- oped a vibrant practice focusing mainly on corporate and com- mercial work. Her friend Brunning notes the long odds Brown has overcome since a devastating car accident in December 2001. Brown was travelling in the United States at the time and was transported back to Canada by air ambulance for medical treat- ment. She was hospitalized for an extended period, and doctors doubted she would ever return to work. "She just has amazing self- determination," says Brunning. "Carole is so pragmatic — she was sort of like, 'OK, this is what has to be done,' and she system- atically completely overshot ev- erybody's expectations and she's now healthy again. She's over- come that entire medical situa- tion that she had." Larry Elliot, a BLG partner who manages the Ottawa offi ce's litigation department, credits Brown's resilience and ability to establish rapport. "She gets along very well with people," he says. "She is extreme- ly hard-working and dedicated and just very committed to any cause she gets involved with. No task is too small." OBA immediate past presi- dent Jamie Trimble says Brown brings a diverse personal and professional background that will benefit the association's members. He notes her roots in the United States will help her from a cross-border perspective, and as an Ottawa lawyer she will be mindful of issues facing practitioners outside Toronto. She is also the first large-firm lawyer to take the helm in a few years, he adds. "Th at background brings a slightly diff erent perspective than either I held or others in recent memory have held," says Trimble. "Th e OBA is the only insti- tution [that] can be the voice of the profession, and in order to be the voice of the profession, you need to have diff erent voices speaking. It's important that the presidents of the organization refl ect divergent interests from time to time." For her part, Brown says she is excited about the opportunity to lead and believes she is the right person to help move the associa- tion forward. "I hope that I can bring di- rection [and] creative ideas and I know that I am also a good listener and open to new ideas, so I'm hoping that will serve me well in terms of everything that comes my way," she says. "I also believe in teamwork. So I am hoping to bring good people on board to assist us go- ing forward." LT Bankruptcy in Canada Fourth Edition The authoritative statement of the law since 1922 Substantially revised and rewritten by two leading practitioners, this fourth edition is of benefit to civil and common law practitioners. It offers a concise, comprehensive description of bankruptcy in general, and the distinctive features of the Canadian system in particular. Not Just the Law, but also the Basis of the Law: • Coverage of both national and international dimensions of bankruptcy law • Reference to the jurisprudence of other countries as it relates to Canada • An authoritative explanation of history, constitutional law, comparative law, statutory construction and interpretation • Precise directions regarding practice and procedure Handy Features include: • Appendices including the Orderly Payment of Debts • Table of Cases and Table of Legislation • Extensive index For a clear and comprehensive understanding of bankruptcy, turn to this classic resource. Order your copy today. Hardbound • Approx. 920 pp. • December 2009 • Approx. $225 P/C 0181010000 • ISBN 978-0-88804-491-4 , General Rules under the , Regulations Respecting 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 9/9/09 3:55:59 PM LT0914 John D. H onsberger, Q.C. and Vern W . DaRe Bankruptcy and Insolvency Act Bankruptcy and Insolvency Act

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