Law Times

PAGE 4 NEWS OctOber 22, 2012 • Law times Temporary hoarding has filled the section of the Newmarket courthouse damaged by a truck on Oct. 12. Photo: Marg. Bruineman Newmarket courthouse hit by truck BY MARG. BRUINEMAN For Law Times NEWMARKET, Ont. — The problem- plagued courthouse in Newmarket is facing even more troubles aſter a truck ran into the front of the building earlier this month. The latest incident on Oct. 12 involved SEAMLESS, EFFICIENT ESTATE PLANNING STARTS HERE MILLER THOMSON ON ESTATE PLANNING EDITOR-IN-CHIEF: MARTIN ROCHWERG NEW PUBLICATION How can you be certain that the will or non-testamentary documents you are drafting today are sturdy enough to withstand scrutiny and challenge? This new looseleaf service for lawyers and other professionals who manage finances provides a comprehensive analysis of Canadian estate planning and administration to help ensure your client's goals are met and his or her intentions carried out. Miller Thomson on Estate Planning offers insight into multiple planning issues across Canada, including Québec, such as: trusts, estate administration, insurance planning, charitable planning, disability planning, business succession and corporate restructuring, and the legal implications of immigration and emigration and other cross-border issues. The book identifies the many factors at play when creating an estate plan: • Directing assets to the desired beneficiaries, through the estate or otherwise • • • Imposing terms and conditions on gifts where appropriate Minimizing the tax implications of the plan so as to provide the most value to the ultimate beneficiaries Minimizing administrative and court costs on death and incapacity • Protecting the estate from creditors and other claimants • Adapting to changes in family and financial circumstances All relevant legal aspects relating to ownership and disposition of, and succession to, property in Canada are covered – including the rights, entitlements or expectations of various parties connected to the client. See complete listing of all contributors – visit carswell.com/mtep ORDER # 984927-65203 $400 2 volume looseleaf supplemented book 1-3 supplements per year Supplements invoiced separately notice anything unusual when he leſt the building during the lunch break. But he was surprised to find a large section of the side of the building had fallen off upon his return. "When I came back about an hour lat- a delivery truck that struck the overhang leading to the main entrance of the build- ing at about 7 a.m. Several hours later, a section of granite cladding fell off. The courthouse has had other prob- lems in recent months. Earlier this year, flooding closed several first-floor court- rooms and offices. It has also experienced mould problems in the past. Mark Coakley was at the courthouse on Oct. 12 for a book he's writing about er, this large concrete block was lying on the sidewalk," says Coakley. He figures the fallen section was three metres long, one metre wide, and about 15 centimetres thick. It remained in one piece with wires protruding. Caroline Knight, a spokeswoman at Infrastructure Ontario, says the building underwent an inspection aſter the truck hit it. "There was a structural engineer who the massive grow operation at a former brewery in Barrie, Ont. He says he didn't inspected it," says Knight, adding the en- gineer found no concerns beyond the sec- tion hit by the truck. "Once we get a new piece of granite, LT we'll get that installed," she notes. Judges get pay hike but no extra boost for appeal courts T 978-0-7798-4927-7 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. BY GLENN KAUTH Law Times appeal court judges paid better than their counterparts in the trial courts. "There is a hierarchy of judicial decisions he federal government has re- jected a recommendation by the Judicial Compensation and Ben- efits Commission that would see and courts but the responsibilities of indi- vidual judges, whether trial or appellate, are equivalent in terms of their obligation to fairly, impartially, and independently decide each case, wrote in its official response this month to the commission' tions on judicial salaries in May. The commission, headed by Osler " the federal government s series of recommenda- Hoskin & Harcourt LLP corporate coun- sel Brian Levitt, thought otherwise. It recommended a three-per-cent salary differential for appeal court judges aſter concluding that "the time has come to deal with the question of salary differentials for appellate court judges." " the law, they must also correct legal errors made in courts of first instance, AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com/mtep Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 VE. INNOVATIVE. TRUSTED. mission stated in justifying the differential. The federal government has, however, accepted the commission's recommenda- Appellate judges must not only state " the com- tion for a salary increase for judges overall based on the statutory indexing provisions already in place. The indexing provisions would see salaries for federally appointed judges of the trial courts, effective April 1, 2012, increase to $288,100 from the current $281,100. While the government initially resisted the existing framework for index- ing judges' salaries according to the Judges www.lawtimesnews.com Act, it changed its position given that "cur- rent economic conditions in Canada ap- pear less grave than they did" at the time of its response on the issue in 2009. In making its recommendations, the commission must take into account sev- eral factors: the prevailing economic conditions in Canada, including the gov- ernment' financial security in ensuring judicial independence; the need to attract good candidates to the judiciary; and any other objective criteria considered relevant. The government, in turn, announced its s financial position; the role of the government must, according to the Supreme Court, provide reasons for reject- ing them. In doing so, it must show it has respected the commission' response on Oct. 12. Although the com- mission' s recommendations aren't binding, "The government recognizes the impor- tant role the judiciary plays in our society," s process. said Justice Minister Rob Nicholson. Robert Brun, president of the Canadian Bar Association, says the organization is happy with the way the process worked out. "The result that has occurred here is a good one in our view, tion made submissions to the commission. In particular, he was happy the government issued its response in advance of the required six-month timeline for doing so. Lawyer Pierre Bienvenu, speaking on " says Brun, whose organiza- behalf of the Canadian Superior Courts Judges Association, echoes that sentiment and is also happy with the timeliness of the response in contrast to past commission re- ports. He notes the association and the Ca- nadian Judicial Council are neutral on the question of a salary differential for appeal court judges. LT

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