Canadian Lawyer

8 J A N U A R Y 2 0 1 9 w w w . c a n a d i a n l a w y e r m a g . c o m decision. The current appeal addressed one fundamental question: What should be includ- ed in the judicial review record? The government argued that a report and recommendation and affidavit of the attor- ney general to Cabinet should be excluded. Apart from those passages protected by solicitor-client privilege, the appeal court disagreed. The attorney general put forward two argu- ments. First, it contended that the report and recommendation is irrelevant, as the judicial review focuses solely on the tribunal report and the government's reply and not on the views of the report and recommendation author. It also submitted that this document is protected by deliberative secrecy, public interest immunity and solicitor-client privilege. "The Government knew that its variation or rejection of the Tribunal's recommenda- tion would be subject to judicial review for legitimacy, reasonable factual foundation and respect for the purpose of the process," Justice Joel Fichaud wrote in his 27-page decision. "The judicial review would focus on mat- ters vital to the administration of justice, the proper functioning of the executive and the relationship between two branches of government," he added. "To the extent the [report and recommendation] speaks to those significant topics, its airing for the judicial review is, on balance, in the public interest and is well supported." Ultimately, Fichaud, concluded, "Subject to exclusionary rules like privilege, evidence is admissible to allow either party to put its best foot forward. That is what 'relevance' means." As the matter is still before the courts, nei- ther side is speaking publicly about the issue. However, Justice Department spokeswoman Heather Fairbairn did tell Canadian Lawyer that "we are still considering the decision." According to a 2017 Finance Department news release, judges in Nova Scotia make an annual salary of $236,376, plus benefits. For the three years starting April 1, 2014, judges' sala- ries were increased by 3.8 per cent in the first year and by the consumer price index for Nova Scotia in the final two years, which was 1.7 per cent and 0.4 per cent. – donalee Moulton JUDGES ACCESS GOVERNMENT SALARY REPORT Continued from page 7 Q U E B E C LAWYERS BANK ON THE SPEEDING TICKET NICHE M ontreal business lawyer Thierry Rassam says he jumped at the chance to buy one of Quebec's leading traffic ticket-fighting companies when he learned it was for sale a year ago. But he says making money is not the only driver in a business he is now trying to rebrand as a vehicle for the public good. "Traffic offences like speeding and drinking and driving have a negative connota- tion for all of society," says Rassam, owner of SOS Ticket, a province-wide service to fight traffic violations. "I want to change our mission from simply being focused on getting people out of trouble to also being a voice of awareness and road safety." According to Rassam, his decade-old company's bread and butter remains the legal work provided by its lone trial lawyer, Jack Rodriguez, and articling student Lemya Raïs, on behalf of drivers charged with everything from speeding tickets and careless driving to running red lights and cellphone use. Like its handful of competitors in Quebec, which unlike Ontario prohibits parale- gals from providing legal representation for traffic violations, SOS Ticket offers a vari- ety of package deals ranging from $200 to nearly $700 that are based on the number of demerit points involved. Rassam said he has turned the company's fortunes around by relying on in-house counsel since buying it from founder Alfredo Munoz, a former Montreal police ser- geant who started the company in 2006 but is now facing several criminal charges for illegally practising law under Quebec's Professional Code. "This is a very high-volume niche business with lots of growth potential," said Rassam, who recently hired a second full-time lawyer for the company. He pointed to increased penalties for cellphone driving infractions and the expected spike in charges related to impaired driving from marijuana use as two new drivers for growth. Avi Levy agrees. "There's no doubt that cannabis is a new opportunity for business," says Levy, a hardnosed former municipal court prosecutor. In 2011, he partnered up with fellow prosecutor Bernard Levy-Soussan to found Ticket911, a Montreal-based law firm that represents clients in Quebec as well as in Ontario, Alberta and New York state — three jurisdictions that Quebec has agreements with to transfer demerit points and penalties in cases involving traffic violations and criminal charges related to driving. Levy says that after prosecuting tens of thousands of cases — many of them driving-related infractions — he and his partner enjoy being defence lawyers in a niche speciality by providing prepaid legal services to people who, according to their website, "wish to keep their good driving record and low insurance premiums." "This is very rewarding work," says Levy. "And we're always keeping busy." Although he doesn't represent SOS Ticket's clients, the majority of whom are young men, Rassam says he understands both the need and desire for professional legal representation of people faced with severe sanctions for driving violations. "It can have a huge impact on their lives — from their ability to work, especially if they drive for a living, or running the kids to and from school and daycare," says Ras- R E G I O N A L W R A P "I want to change our mission from simply being focused on getting people out of trouble to also being a voice of awareness and road safety." Thierry Rassam, SOS Ticket

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