Law Times

LAw times • August 22, 2011 NEWS PAGE 3 BY MICHAEL McKIERNAN Law Times awyers and public of- fi cials need to embrace social media in order to meet the needs of a new sec- tor of Canadian society, says Ontario Ombudsman André Marin. Later this fall, his offi ce, al- ready an enthusiastic user of tools such as Facebook, Twit- ter, and YouTube, will add an- other string to its social media bow through a new web ap- plication that allows members of the public to interact more easily with the ombudsman. It will also have an iBooks func- tion that will put all of Marin's Ombud opens door to complainants via social media L previous reports at the fi nger- tips of iPhone users. With access to justice such a hot topic in the legal profes- sion, Marin says lawyers and other public fi gures can use so- cial media to reach people who might not otherwise come to them for help. "Th ere's a whole demo- graphic in society that just lives in social media and on their cellphones, and it's a segment that is growing all the time," he says. "Th ey tap into Wi-Fi wherever they are and they've cancelled their home phones. We're an avenue of last resort for people, and they need to know how to access us and get information about our offi ce. CBA adopts truncated class actions protocol BY GLENN KAUTH Law Times HALIFAX — While a new judicial protocol for handling multi-jurisdictional class actions takes eff ect next month, judges are already calling on lawyers to go further in co-ordi- nating matters across the country. "We have to go further," said Quebec Superior Court Jus- tice François Rolland, who called the delays due to overlap- ping class actions unacceptable. Rolland was speaking at a session on the new protocol during the Canadian Bar Association conference in Halifax last week. It takes eff ect in September following approval by the CBA council in Halifax. Th e new protocol allows for some co-ordination, no- tably by requiring plaintiff counsel to post their pleadings in the CBA class action database; outlining standard information to go into notices of settlement to class members; and allowing for joint settlement approval hearings for matters that span the country. But the version approved last week didn't include provi- sions for a national case management judge for multi-juris- dictional class actions. While the CBA task force on national class actions made that proposal when it released its draft recommendations earlier this year, the issue proved to be controversial with lawyers, particularly those in Ontario. Task force chairwoman Sylvie Rodrigue said the opposi- tion centred largely on concerns that having a common case management judge could aff ect lawyers' strategies. At the same time, there were some questions about whether judges could cede some of their authority to a colleague elsewhere. In addition, people also worried about the lack of an appeal process for case management judges' decisions. Questions about the proliferation of overlapping class ac- tions have simmered for years. Th e fact that the various prov- inces have had diff erent rules has only added to the problem as plaintiff lawyers often shop around for the most favourable place to fi le their action. As Ward Branch of Vancouver's Branch MacMaster LLP pointed out during the CBA session, his home province may be liberal on certifi cation but will only autho- rize opt-in classes, a barrier to having the maximum number of plaintiff s. At the same time, while Ontario courts are quite will- ing to certify national opt-out class actions, the province has too many lawyers fi ghting over the same cases, he noted. As a result, Branch said his fi rm prefers to fi le in both of those provinces to take advantage of their respective benefi ts and will typically litigate in British Columbia and settle in Ontario. Despite the drawbacks of having lawyers across the country battle over the same plaintiff s, Rodrigue said the bar wasn't ready to embrace the idea of a national case management judge. While Saskatchewan Court of Queen's Bench Chief Justice Robert Laing insisted the proposal was only about co- ordinating scheduling of matters rather than aff ecting substan- tive rights, Rodrigue said the bar didn't see it that way. Rodrigue noted she's disappointed about that but said the task force hopes to resolve the issue by addressing the con- cerns about an appeal process. Th e goal is to present a new proposal next year. In the meantime, the idea in the long term is to address legisla- tive barriers to national class actions once people have experience with the judicial protocol. "We were not tackling the constitu- tionality of national class actions," said Rodrigue. CANADA LAW BOOK® Untitled-3 1www.lawtimesnews.com LegalInnovators For a lot of these people, I think our presence means the diff erence between them bringing a problem to our attention or not." Th e new application sim- plifi es the current web site to allow for easier access for users with smartphones and tablets. At the same time, it provides links to Marin's social media outlets and al- lows users to make offi cial complaints directly from their phones. By Septem- ber, it should be available for download directly from the ombudsman's web site and will work on all types of mo- bile devices. Used correctly, Marin says social media can increase vis- ibility without necessarily having to use traditional meth- ods of advertising. "We used to pay $100,000 to put up billboards and signs on buses, but this is virtually free and it's only limited by your own cre- ativity," Marin says. investigations, including his recent G20 summit probe, via social media. "Obviously, you can't re- Social media is a useful outreach tool, says André Marin. He started out slowly by tweeting once a week for two hours on a Friday afternoon. But Marin soon expanded to become a full-time tweeter. He now cor- responds directly with complain- ants and even invites the public to submit evidence related to his solve every issue in 140 char- acters, but it's an opening," he says. "Th e ombudsman profession is a very tradition- al and conservative one, and we're not typically fi rst adopt- ers. But I think you have to put your toe in the water and start out easy to estab- lish your own comfort level. People fear some crazy people will start hounding them, but it's not really a new risk. Pret- ty soon, you'll realize there's nothing to be scared of." Th e newest applications came about as part of a re- cent redesign of the ombuds- man's web site. In addition, the iBooks application will archive past reports issued by the offi ce and post updated documents as they come in. "I'm always getting ques- tions about older investiga- tions, and this means I'm al- ways carrying them with me," Marin says. Th is is the fourth instalment in Law Times' summer series on in- novation and the law. STAY CURRENT ON ALL MAJOR FEDERAL LABOUR AND EMPLOYMENT LEGISLATION NEW EDITION FEDERAL LABOUR & EMPLOYMENT LEGISLATION, 2011 EDITION CONSULTING EDITOR: PAUL BROAD In one portable and easy-to-use volume, you get access to all the current statutes that are applicable to federally regulated workplaces. 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