Law Times

Law TiMes • March 8, 2010 NEWS Change to cost $38 per lawyer Continued from page 1 the exclusion for certain activi- ties performed by lawyers on a voluntary basis for various legal organizations," says Akazaki. "When lawyers participate in legal associations, such as the [Canadian Bar Association] or the OBA or a county law asso- ciation, there's actually a lot of learning going on." Meetings of such organiza- tions often include substantive law content, he says, or may allow lawyers to discuss a re- cently reported case with rami- fi cations on their practice. "Th ere's a whole range of opportunities for lawyers to learn, and we wanted the law society to understand that we want those opportunities to be recognized," he says. But not everyone is behind the plan. Ottawa Bencher Bradley Wright told Convo- cation that no studies show a correlation between a compul- sory continuing professional development program and a reduction in negligence and increased competency, "which surely has to be the rationale for doing it." Wright added: "I've had oc- casion to chat with claims ad- justers and so on, and they're not worried about their job security one iota because of the way negligence happens. We'll still have virtually the same rates of negligence, and it probably will happen the way it has happened historically." In the meantime, the new requirement will modify an educational program set to take hold in January 2011 for new lawyers, which would have forced them to complete 24 hours of continuing pro- fessional development within their fi rst 24 months of prac- tice. Th ey will now have to complete 12 hours in each of their fi rst two calendar years on the job, including three hours of practice management, eth- ics, and professionalism. How- ever, any programs they take to meet the requirement must be accredited by the law society. Th e continuing professional development requirement for lawyers who have received the law society's certifi ed specialist designation, who already must complete 12 hours to maintain their status, will be rolled into the new system, meaning they won't have to complete addi- tional credit hours. Th e law society expects the new requirement to cost about $1.4 million, starting in 2011, to develop and maintain. Th at works out to about $38 per lawyer or paralegal. Th e cost breaks down as follows: • $450,000 in 2011 for staff - ing at the law society's pro- fessional development and competence department; • $400,000 each year for the department's provision of the professional responsibility, ORDER your copy today Looseleaf & binder • $320 • March 2010 Releases invoiced separately (2/yr) P/C 0268030000 • ISSN 1920-695X ethics, and prac- tice management components; • $300,000 for the LSUC's administrative compliance and membership divisions to no- tify lawyers and paralegals about completion of the requirement; • $150,000 for offi ce space, support, systems, and other indirect costs; and • $100,000 for additional staff at the department, starting in 2012, for the audit process. Th e law society began con- sultations on the requirement in October. Th at process wrapped up on Jan. 15, with 48 people and 28 institutions issuing responses. Th e joint committee also reported that 46 lawyers and 72 paralegals attended teleseminars or sent e-mail comments through- out the consultation process. It experience. Linda Langston, Lee Akazaki executive director and CEO of the Ontario Trial Law- yers Association, says the organiza- tion supports the new requirement. Th e OTLA off ers a variety of continu- ing legal education programs and has long urged lawyers to retool throughout their careers. "It matches all professional requirements for ensuring you have updated information," she says. "Lawyers do a lot of reading themselves in a lot of diff erent areas, and it isn't al- ways documented that they've done that work. So to ensure for their clients that they've met the basic requirements and are keeping up with changes in the law, this is one way of documenting that, for that proof." For Hamilton Bencher Ger- reported wide agreement with the requirement with all but one organization sup- porting it. Chantelle Courtney, direc- tor of professional develop- ment at Davies Ward Phillips & Vineberg LLP, says the law society requirement will com- plement the learning opportu- nities the fi rm already off ers, which focus on creating com- mon skills among all lawyers, allowing them to contribute to a wide range of fi les regard- less of their individual practice ald Swaye, the report is "one of the most important reports that we've ever put in place at the law society." Swaye, who has served as a bencher since 1995, said he originally op- posed the idea of mandatory continuing professional devel- opment but is now behind the new approach. "Th is is the easiest medicine to give to our profession in or- der to implement it," he told Convocation. Th e full report is available on the law society's web site at lsuc.on.ca/news/b/reports. LT PAGE 5 Review underway Continued from page 1 with eight counts of failing to ensure compliance under the Oc- cupational Health and Safety Act. In March 2005, Fantini pleaded guilty to the charges under the health and safety act and received a $50,000 fi ne. In the meantime, the Crown withdrew the criminal negligence charges. Th en, in 2006, Quebec police charged Transpavé Inc. with criminal negligence causing death after a machine used to pack- age cement blocks on palettes fatally crushed an employee. In 2008, the company pleaded guilty and paid a $110,000 fi ne. Nevertheless, the paucity of prosecutions isn't to say police involvement hasn't become a regular feature of serious work- place accident investigations in Ontario. "Police are on the scene and they are embarking on criminal negligence investigations but they tend to defer to provincial authorities," Edwards says. "So far, it's been clear that the police have other, more pressing fi sh to fry and it has become clear that they will prosecute only in outrageous cases." But public attention turned to the issue on Christmas Eve, when four workers fell to their deaths after scaff olding broke apart at a Toronto work site that had been subject to two earlier stop-work orders based on safety concerns. Th e labour movement had already been pressing for increased prosecutions under Bill C-45. Th e Quebec Federation of Labour, for example, publicly denounced the Transpavé fi ne as inadequate. More recently, Sid Ryan, president of the Ontario Federation of Labour, called for a criminal investigation into the Toronto deaths, something that could already be in the works. "Criminal investigations take time, and no one can be sure whether one has occurred unless police lay criminal charges," Edwards says. Th e charges in the Sault Ste. Marie case, meanwhile, stem from an accident in which a mobile crane fell onto an excavation site last April and killed a worker. Th e Ministry of Labour also laid fi ve charges under the Occupational Health and Safety Act. While the incident predated the Toronto deaths, it's noteworthy that police didn't lay charges in the eight months between the two accidents but did so fairly quickly in the wake of the recent outcry. As a result, employers should stay tuned. On the heels of the Christmas Eve incident, the provincial government announced a review of Ontario's occupational health and safety system. "Th e province made that decision very quickly, and there's no doubt that the Toronto tragedy got the authorities moving," Con- lin says. "It's premature to say whether there will be any changes, but the reality is that the structure of occupational health and safety in Ontario hasn't really changed in a long time." LT The Law of Climate Change in Canada An essential text for those developing expertise in climate change law This is the first and only resource to provide an in-depth description and analysis of the complex and ever expanding array of domestic and international laws and initiatives addressing climate change in Canada. Containing comprehensive coverage of provincial and federal legislation and policy developments from across Canada, The Law of Climate Change in Canada also describes in detail some of the many emerging climate change law sub-disciplines, including: • carbon finance • litigation • real property • tax • securities law and disclosure Co-authored by leading lawyers and academics from across North America The editor, Dennis Mahony, is widely regarded as a leading expert in this complex and emerging new field. He has recruited an exceptional group of lawyers and academics from across Canada and the US to ensure unrivalled subject matter breadth and depth. Stay on top of the latest legal developments and manage emerging issues For a 30-day, no-risk evaluation call: 1.800.565.6967 LT0308 Mahony_Law of Climate Change (LT 1-3x4).indd 1 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 3/3/10 10:41:51 AM Editor: Dennis E. Mahony W ith contributions from a team of leading lawyers and academics from across Canada and the U.S.

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