Canadian Lawyer

February 2021

The most widely read magazine for Canadian lawyers

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UPFRONT 6 www.canadianlawyermag.com NEWS BRIEFS Justice Donald McLeod facing 'capital crime for a judge' in disciplinary hearing: lawyer McLeod is facing second OJC complaint stemming from involvement with Federation of Black Canadians Justice Donald McLeod JUSTICE DONALD MCLEOD is involved in a second Ontario Judicial Council disci- plinary hearing, this one concerning allegations of perjury. McLeod is accused of lying during a previous OJC hearing. In Dec. 2018, he was dismissed of misconduct allegations that arose from his involvement in the Federation of Black Canadians. During McLeod's 2018 hearing, he agreed to a statement of facts stating he was no longer involved with the Federation's advocacy for Abdoulkader Abdi, a refugee who was facing deportation. The OJC complaint alleges this agreed statement of facts is untrue, that McLeod had met with or arranged for the Federation to meet with Ahmed Hussen, who was then minister of Immigration, Refugees and Citizenship Canada. The complaint alleges that McLeod misled the hearing panel about his disengagement from the FBC, that after his dismissal he resumed a leadership position and engaged in activity that "could be perceived as imper- missible advocacy and lobbying by a sitting judge." The complaint also alleges that McLeod advised two people not to speak publicly about an alleged racist incident that happened at the National Black Canadian Summit, which "was Lawyer who advertised in pro-Nazi newsletter cleared by law society Ottawa human rights lawyer Richard Warman brought the complaint in 2016 against David Faed, after he came across Faed's ad in the pro-Nazi, Holocaust- denying and misogynist tabloid Your Ward News. In November, Faed participated in a regulatory meeting with the Law Society's Proceedings Authorization Committee. The committee announced in December that, while placement of the ad was not in the public interest and inconsistent with the professionalism standards under the Rules of Professional Conduct, the regulatory issue had been addressed and no further action would be taken. In 2019, the editor and publisher of Your Ward News were convicted of wilful promotion of hatred against Jews and women, contrary to s. 319(2) of the Criminal Code. Human rights commissions welcome Facebook's new safeguards against discriminatory ad targeting The Canadian Human Rights Commission and the Ontario Human Rights Commission have expressed their approval of the news that Facebook is implementing and enforcing measures to protect users against the discriminatory targeting of advertisements relating to housing, employment and credit opportunities. Effective Dec. 3, Facebook is now employing certain safeguards to deter discriminatory advertising in Canada, including limiting advertisers from targeting ads that provide housing, employment and credit opportunities on the basis of age, gender, postal code or other detailed options that describe or apparently relate to characteristics protected under human rights legislation in Ontario or in Canada. Occupiers' Liability Act changes will have 'significant impact' Recent amendments changing how slip-and-fall claims can be brought against condo corporations are good for condo corporations and insurers, says Rodrigue Escayola, Gowling WLG civil litigator and condo lawyer. Bill 118, the Occupiers' Liability Amendment Act, 2020 received royal assent Dec. 8. With the changes, plaintiffs cannot bring an action for personal injury damages caused by snow and ice against an occupier or their hired independent contractor unless they issue written notice within 60 days of the incident. Holocaust educator Max Eisen receives honorary LLD from LSO The Law Society of Ontario presented an honorary Doctor of Laws degree to Holocaust survivor Tibor "Max" Eisen during its Nov. 27 Convocation meeting. The LSO distinguished Eisen, a writer, speaker and educator, for his commitment to sharing his experience and the lessons he'd learned for the benefit of Canadians of all ages. In 2015 and 2016, Eisen testified in the German trial of two former Auschwitz guards, in which the pair were eventually convicted. County of Carleton Law Association to LSO: Restore law library funding With the Law Society of Ontario's 10-per-cent funding cut to the Legal Information and Resource Network, the County of Carleton Law Association is warning of the crucial role law libraries play in access to justice and levelling the playing field between big and small firms. "As a profession, we cannot harm one of the central pillars of lawyer and paralegal competence — law libraries," said CCLA president Craig O'Brien. ONTARIO UPDATE

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