Canadian Lawyer InHouse

April 2015

Legal news and trends for Canadian in-house counsel and c-suite executives

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3 canadianlawyermag.com/inhouse April 2015 www.canadianlawyermag.com/inhouse director/group Publisher: Karen Lorimer karen.lorimer@thomsonreuters.com editor in chief: Gail J. Cohen gail.cohen@thomsonreuters.com editor: Jennifer Brown jen.brown@thomsonreuters.com copy editor: James Kang art director: Steve Maver account co-ordinator: Catherine Giles advertising sales representatives legal suppliers: Kimberlee Pascoe Tel: (416) 649-8875 e-mail: kimberlee.pascoe@thomsonreuters.com law firms: Joseph Galea e-mail: joseph.galea@thomsonreuters.com Grace So Tel: (416) 609-5838 e-mail: grace.so@thomsonreuters.com Steffanie Munroe Tel: (416) 315-5879 e-mail: steffanie.munroe@thomsonreuters.com Canadian Lawyer InHouse is published 6 times a year by thomson reuters Canada Ltd., One Corporate Plaza 2075 Kennedy rd., toronto On. M1t 3V4 (416) 298-5141. Fax : 416-649-7870 web: www.canadianlawyermag.com/inhouse linkedin: www.goo.gl/9tytr Twitter: @CLInhouse editorial advisory board: Sanjeev Dhawan, hydro One networks Inc.; Jonathan Lau, alcohol and Gaming Commission of Ontario; Fernando Garcia, nissan Canada; Lynn Korbak, Morneau Shepell: Joe Bradford, Bradford Professional Corp.; Dorothy quann, Xerox Canada. all rights reserved. Contents may not be reprinted without written permission. the opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer InHouse disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications mail agreement #40766500 ISSn 1921-9563 Copyright © 2015 h.S.t. registration #r121349799 To subscribe or change addresses Call (416) 649-9585 Fax (416) 649-7870 or e-mail Keith Fulford at keith.fulford@thomsonreuters.com RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT One Corporate Plaza 2075 Kennedy Rd., Toronto ON. M1T 3V4 indexed in the Canadian Periodical Index By Jennifer Brown editor's box SEND YOUr news AND story ideas TO jen.brown@thomsonreuters.com looking to stretch the business muscle O ne of the fi rst in-house lawyers I spoke with when I landed in this job more than three years ago was the former general counsel of the Forzani Group, Evan Johnston, after the company was acquired by Canadian Tire. He had recently taken up the role as the fi rst GC for Calgary-based construction company The Churchill Corp. He joined Churchill as vice president and GC and reported directly to the CEO. The lead director at Forzani happened to also be chairman at Churchill and he called John- ston and asked him what he was going to do. Of importance to Johnston though, was that Churchill made it known they were looking not just for a GC but someone who could get involved in the business strategy and growth of the company. I remember him saying to me: "It wasn't about the money and it wasn't the profi le. . . . What I'm hoping is that my next job is not a law job; I'm hoping this puts me more in a business role." At the time, I was a bit surprised but when you start adding up everything in-house coun- sel do in the course of their careers, many certainly acquire the business skills that can be applied in other ways at the executive level. It's something I think many in-house counsel debate with themselves at some point in their career — even more so these days as many organizations are shrinking. Certainly we've written about those who were offered opportunities in the business unit but decided their real passion was the law and only the law. Others have told me they want to move out- side the legal department but are frustrated their organization doesn't seem to be structured for it or can't see the potential of having lawyers in the business. In our last issue, WestJet's Barbara Munroe told us how the airline has a program in place to encourage such experimentation outside legal. It only makes sense a company would encourage valued employees to try on different roles — especially lawyers for all the risk management skills they can bring to the table. Our back page columnist for this issue — Bindu Dhaliwal, assistant general counsel at BMO Financial Group — explores the struggle some lawyers in-house are feeling these days (see page 38). Her piece notes that last year, 23 people moved to different roles within the group and 34 joined other areas of BMO. As well, 15 have taken secondments both within and outside the legal group. The big question for many contemplating such a move seems to be: What happens if I leave and want to come back? "Trying on" the role seems to be the most comfortable route to take. In an era when many want to expand their skills, or do something different to try out their business acumen, but feel stymied by a lack of opportunities, the secondment approach within one's own organization seems like the best possible option for all involved. Otherwise, organizations may, at worst, risk losing good people entirely or, at least, dampening their passion for the work they are doing now.

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