Law Times

PAGE 4 NEWS December 15, 2008 • Law Times Measure will prompt quicker settlement talks Continued from page 1 the court to return your call," he said. "Hopefully we're moving towards a system where . . . there's an improvement in the techno- logical interface between the practising bar and the judiciary." The monetary increase to Small Claims Court matters was last adjusted in 2001, with an in- crease to $10,000 from $6,000. The new simplified procedure guidelines include a new provi- sion giving parties two hours of pretrial oral discovery, according to a ministry press release. The ministry said that measure will prompt quicker settlement talks. Changes to summary judge- ment rules include a measure giving judges the discretion to determine if a motion was wrongly introduced and impose costs only where ne- cessary. Previously, the party that introduced and was denied a sum- mary judgement motion was re- quired to pay the opposing side's costs for dealing with the motion, a rule the ministry said discouraged attempts for summary judgement. The changes to discovery rules Request for Expression of Interest (EOI) Legal Agents of the Minister of Justice and Attorney General of Canada The Department of Justice is seeking Expressions of Interest (EOIs) from private sector law firms and law practitioners interested in being considered for appointment as Legal Agents of the Minister of Justice and Attorney General of Canada. These agents provide the Government of Canada with legal advisory, real estate or litigation services in a broad variety of practice areas across the country. The Department of Justice relies upon in-house counsel, as well as private sector law firms and law practitioners, to support the Minister of Justice and Attorney General of Canada in his responsibility for the legal affairs of the government as a whole and in the delivery of legal services to individual departments and agencies. Interested law firms and law practitioners are invited to consult the Department's website at www.justice.gc.ca under "Work for Justice" for details regarding the application process, qualifica- tions, locations and a list of relevant areas of expertise. Applicants will be placed on an eligibility list and may be subject to further screening and evaluation as dictated by operational needs. Applicants must be willing to comply with minimum requirements in order to be considered for an appointment. Please note that this process does not apply to prosecution work. Information on becoming a Legal Agent of the Director of Public Prosecutions can be found at http://www.ppsc-sppc.gc.ca/eng/ aaf-man/index.html. This EOI does not obligate the Department or the Government of Canada in any way and is not to be construed as binding upon the Department or the government. Law firms or law practitioners having already expressed their interest through this process need not re-submit unless they wish to revise previously submitted information or register interest in additional practice areas. For more information on the role of Legal Agents, please visit: http://canada.justice.gc.ca/eng/dept-min/la-man/index.html. Karen Beasle igh Fax: 613-960-1857 Tel: 613-946-7642 E-mail: EOI-EDI@justice.gc.ca KKK include a requirement for parties to come to terms on a discovery plan that "sets out the scope, how docu- ments will be produced, and when pretrial examination for discoveries will take place," said the ministry. That rule aims to cut down on problems by pushing parties to come to terms early in a matter so issues are handled promptly and proportionately, said the ministry. Parties also will face a cap of sev- en hours of pretrial examination for discovery. However, the court can order otherwise on individual cases, and that limit can be expanded with the opposing side's consent. Expert witnesses will have to provide a written acknowledge- ment that they must offer the court "fair, objective, and non-partisan" opinions, said the ministry. The new regulations also will see the elimination of case manage- ment, with the exception of matters in Toronto, Ottawa, and Windsor. "Parties now have greater respon- sibility for managing actions and moving them quickly to trial or other resolution," said the ministry. Timelines for mandatory med- iation sessions, which will still apply only in Toronto, Ottawa, and Windsor, will be extended; a meas- ure the ministry said will facilitate more time for "productive and meaningful mediation." The ministry hopes to encour- age settlement and the narrowing of trial issues by mandating pretrial conferences. The new rules also will force parties to file a detailed confer- ence brief, parties and their lawyers must appear at conferences, and courts will be empowered to order a timetable for moving forward when matters aren't settled at the confer- ence, said the ministry. Finally, deadlines for serving and filing motion and application materials will be moved up to give both sides more time to get ready, said the ministry. That new rule also aims to aid trial scheduling. Bentley said the ministry will wait until 2010 to put the rules into effect in order to prepare for issues that may arise — such as a need for more court resources — when they come into force, and to give the courts and lawyers time to prepare. Comments released by the min- istry from key members of the jus- tice community indicate widespread support for the new civil rules. "We have a standing obligation to ensure that the legal system, as a cornerstone of democracy, re- mains strong, vibrant, accessible, and relevant," said Chief Justice of Ontario Warren Winkler. "Imple- menting the recommendations of the Osborne report is a step in the right direction." County and District Law Pres- idents' Association chairman Ran- dall Bocock said, "The attorney general was able to build consen- sus among our organization and other groups on these important reforms." LT Lawyer shackled, says claim Military Law and Operations Understand military law and operations from a Canadian perspective Royal Military College of Canada and Canadian Forces College Dr. Chris Madsen – Associate Professor, Ensure you have all the legal information you need when working with the Canadian military Military Law and Operations is the first looseleaf publication to examine Canadian military law and operations, and the legal issues of the soldier from a Canadian perspective. This resource fills the need for a single source of information where you can readily access information on defence, armed forces and military law, as well as the legal dimensions of operations. Find detailed discussion on topics such as: legislative and civilian control over armed forces courts martial domestic operations UN operations rules of engagement war crimes the historical background to Canadian military law Organized for easy reference, Military Law and Operations includes Appendices containing key statutes and case law summaries as well as comprehensive lists of recent courts martial and appeal cases summarized to provide quick access to charge and sentencing information. Military Law and Operations is an indispensable resource for lawyers, military professionals and academics in Canada and the United States. Order your copy today! the LSUC representative asked to speak with the officer to confirm Mullowney's good standing, ac- cording to the claim. Iadinardi told Mullowney he would speak with Wolf about the information from the law society, according to the claim, and the lawyer was placed in a cell. About 30 minutes later, Wolf told Mullowney that she was waiting to speak with some- one from the law society with more authority, the claim says. The lawyer was later shack- led and taken to a police station, before being released without charges and having his property returned to him, states the claim. After returning home, Mul- Continued from page 1 Mullowney is seeking damages based on false arrest and deten- tion, negligent investigation, and breach of Charter rights, ac- cording to the claim. "The actions and/or omissions Ottawa Police Service. Based on the allegations, of Detective Wolf, Constable Iadi- nardi, Constable Couturier and the Ottawa Police Services Board were callous and high-handed, and taken without regard to the impact that they would have upon Mr. Mullowney," states the claim. "The actions . . . under- mine the public's confidence in police officers and the adminis- tration of justice." lowney noticed that the client file inside his briefcase was missing, states the claim. The next day, he was told by an Ottawa Police Ser- vice member that he could pick the file up at the police station, according to the claim. "Mr. Mullowney retrieved the missing file and upon inspection noticed that a number of items were missing, all the documents were out of order and some doc- uments appeared to have been separated and then stapled back together," reads the claim. The claim states that counsel www.canadalawbook.ca LT1215 Untitled-3 1 www.lawtimesnews.com 12/11/08 9:19:38 AM lowney has suffered "emotional pain and suffering," and that he continues to face "physical and psychological damages." While in custody, states the claim, the lawyer suffered "claustrophobia, light-headedness, headache, ac- celerated pulse, extreme anxiety, dry mouth, and he blacked out on two occasions." The claim further states that The claim alleges that Mul- for the Ottawa police "have con- firmed" that items from the cli- ent file were removed and copied by police, and that other items were seized and kept by the Mullowney continues to experi- ence symptoms of anxiety and depression, and that he lost 25 pounds in a month following his release from custody. The claim also states that Mullowney's reputation was hurt by the incident, and he "continues to suffer from a loss of income and/or competitive advantage." LT

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