Law Times

PAGE 4 NEWS Borovoy will miss 'the action' in an interview. "I don't think anyone could equal the contribution that he's made." Sharpe says the overwhelming response for the tribute dinner can be attributed to the respect Borovoy has gained over the years. "I think people admire what he has done," he Continued from page 1 says. "In a way it's been an ideal legal career de- voted to public service. He didn't go into law to make money; he went into law because he believes in his principles and he was prepared to dedicate his whole life to those principles. And he's also a funny guy. He's a delightful guy. Witty, entertain- ing, and engaging, so people like him." Greenspan noted that Justice Sidney Linden of the Ontario Court of Justice, formerly the court's chief judge, was actually the CCLA's gen- eral counsel before Borovoy came on board. "It paid so poorly that he had to leave in order to make a salary," said Greenspan, in jest. "Alan was approached, and he thought it was too much, and he took it. And the only reason I'm mentioning this is, for $10 a week more, Sid Linden would be here tonight, and Alan Borovoy would be a patent lawyer at a big-city law firm," he said as the packed crowd exploded into laughter. University of Ottawa Law School Prof. Na- thalie Des Rosiers, who will take over as general counsel for the CCLA July 1, admitted in her remarks at the tribute dinner that there is no way she will fill Borovoy's shoes upon his departure. "No one replaces Alan Borovoy, and I'm not going to try," she said. "One of the things we share is admiration for the staff at CCLA . . . and the same belief that it's necessary to advo- cate constantly and with vigilance for the values of fairness, free speech, and constitutional pro- tection of the most vulnerable." Des Rosiers previously served as dean of the civil law section, but ended that law faculty's position last November. Her experience also in- cludes a stint as president of the Law Commis- sion of Canada from 2000 to 2004, and she was a member of the University of Western Ontario's Faculty of Law from 1987 to 2000 and a clerk to Supreme Court of Canada justice Julien Choui- nard from 1982 to 1983, after which she was in private practice until 1987. She received her legal training from the Université de Montréal, obtain- ing her LLB in 1981, and at Harvard University, where she got an LLM in 1984. Borovoy arrived at the CCLA in 1968. He previ- ously had led the Ontario Labour Committee for Human Rights, helping push governments to pass anti-discrimination laws and enforcement mecha- nisms. One of the biggest contributions for the CCLA during Borovoy's time there came in 1970 when the organization took an isolating position and opposed the War Measures Act during the Oc- tober Crisis. In 1982, he was named an Officer of the Order of Canada. Borovoy says what he will miss most after leaving the CCLA will be "the action." "I get a special kick out of hearing a problem and working it through to a piece of action at the other end," he says. "There's the challenge of coming up with a bright idea that is going to work. That will light a fire under someone to do the right thing." While there have been many fluctuations in may 4, 2009 • Law Times Both drivers made 'major blunders' Continued from page 1 as "strong," the court of ap- peal panel rejected Ford Cred- it's claim that the assignment of liability was "illogical and perverse" considering Mar- coccia had entered the inter- section at high speed while the light was red. Justices Marc Rosenberg, James MacPherson, and Paul Rouleau concurred that the difference in liabil- ity awarded to each driver was not significant enough to depart terms of civil liberties in recent history, Borovoy says "profound changes" have occurred in soci- ety over the past 50 or 60 years. "We're a long distance from utopia — in fact I don't consciously think utopia, our job is to keep seeking improvements," he says. Meanwhile Borovoy is confident Des Rosiers has what it takes to be general counsel. "She's very able. The combination of her and our project directors in the various departments, that combination I have a lot of confidence in," he says. "I think together they're going to produce good things." Borovoy says he hopes to continue writing — both books and in the news media — after of- ficially leaving the post June 30. He also plans to continue teaching and speaking on the issues that matter to him, but adds that he's eager to consider any other ideas that come his way. As Borovoy steps away from the CCLA, he leaves a few words of wisdom in terms of the task ahead for the civil liberties movement. "Am I confident that things will improve? I'm confident that they can improve, not that they will improve, because things don't happen auto- matically," he says. "They happen when there are people around, like my colleagues, who are pre- pared to make it happen." LT Need a hand? • 19" x 16" x 11" • Approx. 5 Lbs. • 1680D Ballistic Nylon • Padded computer pocket • Telescopic handle • In line skate wheels • Front zippered organizer Help is here with the BIG Case ideal for lawyers, accountants, businessmen/women, etc... Enroll Today! CHRONIC CARE May 25 – 26 | Vancouver ABORIGINAL LAW May 26 – 27 | Vancouver VÉRIFICATIONS DILIGENTES ET TRANSACTIONS COMMERCIALES May 26 – 27 | Montréal HEALTHCARE FINANCE May 27 – 28 | Chicago DRUG PATENTS May 28 – 29 | Toronto C COMMERCIAL AND CIVIL LITIGATION May 28 – 29 | Toronto To order the Big Case please quote code #90036-00 your your LAW OFFICE PRODUCTIVITY source 1-888-393-3874 sourceU Fax: 1-800-263-2772 dyedurhambasics.ca Untitled-1 1 PREFERRED SUPPLIER E www.lawtimesnews.com 4/29/09 9:50:02 AM ntitled-2 1 4/27/09 9:42:59 AM ABS 2009 May 31 – June 2 | Banff CORPORATE AIRCRAFT TRANSACTIONS June 1 – 2 | New York CARBON MANAGEMENT June 3 | Calgary TERRAINS CONTAMINÉS June 8 – 9 | Montréal EXECUTIVE COMPENSATION June 9 | Toronto ABORIGINAL ECONOMIC DEVELOPMENT June 15 – 16 | Ottawa EMERGENCY CARE June 15 – 16 | Toronto COMMERCIAL INSURANCE June 15 – 16 | Toronto CORPORATE IMMIGRATION June 17 – 18 | Toronto ADMINISTRATIVE PROFESSIONALS FORUM June 18 – 19 | Ottawa August 13 – 14 | Toronto For more information call 1 888 777-1707 or visit www.insightinfo.com Media Partner that generally prevent appeal courts from interfering with jury verdicts in civil cases. Apart from the high award for damages, the case could also set new standards in cases where both drivers are at fault, but to different degrees. "It is clear from the record that both drivers commit- ted major blunders that led directly to the disastrous ac- cident and the from precedents injuries," the ruling says. "The respondent ran a red light and Gill did not keep a proper lookout. They collided as a re- sult of both their errors. Both were indisputably at fault. The jury's attribution of negligence to both drivers was therefore entirely reasonable." The appeal court upheld $14 million in damages for Marcoccia's future care costs, dismissing Ford Credit's claim that the award "greatly exceeds any known award for future care costs in a brain damage or personal injury case in Cana- da, including cases that involve full paraplegic plaintiffs." The judgment says Marcoc- respondent's cia "suffers from diminished executive functioning, has en- during physical, psychological, behavioural, and emotional impairments that impeded his ability to lead a normal life, and cannot be competitively employed in the future." Ralph says the judgment confirms a compensation sys- tem in Canada where damages are calculated based on the ac- tual costs of the care the person requires, an actual calculation of the income over their life, plus general damages not just for the injuries themselves, but also for pain and suffering and loss of enjoyment and life. The award also included $312,200 in general dam- ages, $1.38 million for loss of future income, $715,557 for future corporate guard- ianship costs, and $389,009 for future legal fees of the guardianship. Arnell Goldberg, a found- ing partner of Goldberg Wise- man Stroud & Hollingsworth and a veteran among personal injury lawyers in Ottawa who now practises in other areas, says the Ontario law that now caps liability at $1 million for companies that lease or rent vehicles, means it is unlikely Marcoccia or anyone else would be able to collect now under similar judgments. "If I caused that accident, the plaintiff could go ahead and sue me for $20 million and could get a judgment against me for $17 million," Goldberg tells Law Times. "If I only have $2-million worth of insurance and I'm worth $100, all he's go- ing to collect is the $1 million and the $100 I have." The Ontario government, falling in line with similar caps in the United States, amended the Insurance Act after heavy lobbying by the International Coalition against Vehicle Vi- carious Liability for Lessors and Rental Companies in Canada. Presented by LT a D Y I n E 9 N p d & 9 n C D R m a 1 H a A n M S a 8 W e ' r e y C i o a

• Cover
• North Pole First
• Bits & Bytes
• Focus On Personal Injury Law