Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 8 7 REGIONAL WRAP W H A T ' S H A P P E N I N G F R O M C O A S T T O C O A S T QUEBEC BARREAU PRESIDENT TACKLES OVERSUPPLY OF LAWYERS P.8 NON-LAWYER LEGAL SERVICE PROVIDER IDEA MEETS RESISTANCE IN B.C. P.14 N E W F O U N D L A N D A N D L A B R A D O R LEGAL AID BATTLE BREWING OVER PRIVATE LEGAL FEES E fforts to save money on private legal fees will now cost the government of Newfoundland and Labrador significantly more in unanticipated court costs. Two legal battles are being waged in the aftermath of legislative amend- ments to eliminate the use of private legal counsel in legal aid cases involving charges of murder, manslaughter and infanticide. In 2008, the government passed legislation allowing for the choice of counsel in the most serious of charges, and rates for private lawyers being given legal aid cer- tificates for these clients subsequently rose to $135 from $65 an hour. In the wake of escalating debt and declining oil prices, the government cut this expenditure. According to Justice Minister Andrew Parsons, choice of counsel had cost the prov- ince more than $1.3 million since the law was proclaimed, and another $1.4 million was due for current cases. Earlier this year, the government then said Newfoundland and Labrador Legal Aid Commission clients could no longer choose private counsel. That decision led to a media interview with Parsons and followup Facebook comments from three other cabinet ministers that Bob Buckingham contends are defamatory. The St. John's defence lawyer is now suing the government for $5 mil- lion in general damages and $2.5 million in punitive and aggravated damages. "The minister of justice engaged in an . . . attack on me," Buckingham said in an interview. Following the comments from the justice minister, CBC News filed a freedom of information request for private lawyer billings and invoices linked to legal aid cases from 2008 to 2018. Legal aid denied the request, contending such information would violate lawyer-client confidentiality. Buckingham agrees. The issue is not with the amount invoiced but the request for the invoices themselves, he says. "Invoices often have client information." Newfoundland and Labrador's information and privacy commissioner doesn't see it that way. In a recent decision, Donovan Molloy concluded client names could be protected if billing amounts were provided in annual aggregate form. Buckingham has written to the law society urging it to get involved, but he says he has had no response yet. He says clients should have a say on what is released. The founder of Bob Buckingham Law also points out that his opposition to releasing the information is not personal. "I have not had any significant [legal aid] files during this period, but the issue is important." The Legal Aid Commission filed an application to block release of the infor- mation. Buckingham's defamation case is also proceeding through the courts. — donalee Moulton "Invoices often have client information." Bob Buckingham, Bob Buckingham Law N E W B R U N S W I C K CREDIT AGENCIES FACE REGULATION T o its credit, New Brunswick has become part of a growing legal trend across Canada. The province has enacted new leg- islation, the Credit Reporting Services Act, that regulates credit reporting agencies. These companies must now be licensed and ensure consumer rights are protected. "The new act represents a significant change for New Brunswick," says Sarah Dever Letson, an associate with Stewart McKelvey in Saint John. Credit reporting agencies collect and main- tain information regarding an individual's credit history from sources such as banks, utility pro- viders and credit card companies. This informa- tion is used to create a credit score, used by lend- ers to determine the risk an individual represents with respect to paying back debt. According to the New Brunswick Financial and Consumer Services Commission, which will administer and enforce the new legislation, credit reports can have great influence over the lives of consumers because they are used to determine eligibility for loans, housing and even jobs. The legislation enshrines new protections for consumers in terms of how they interact with credit reporting agencies. It specifies what infor- mation must be maintained in an agency's files as well as what can be included in a consumer's credit report. "Lawyers should make their clients aware of these new requirements," says Dever Letson. She points to new obligations placed on the end users of credit reports — and not just on the credit reporting agencies themselves. "If an end user of a credit report, such as a financial institution or other consumer lender, relies upon a credit report in order to deny a service to a consumer or change the terms of that service, a consumer is entitled to receive notice from that end user within 15 days." The new legislation also requires credit agen- cies to use their best efforts to correct incorrect information disputed by a consumer. – donalee Moulton

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