Canadian Lawyer

February 2011

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP N.L. electronic registry system making practice simpler for lawyers I n the lingo of IT specialists, Newfoundland and Labrador's Companies and Deeds Online (CADO) system just got more "robust." In legalese, well any language, this means easier, simpler, faster. Now authorized users such as lawyers in law firms — once trained — can complete a regis- tration process without having to leave the com- fort of their office. Lawyers, notes Dean Doyle, director of the commercial registrations division, can also track the progress of their registrations. The benefits of an electronic system over the old paper-based process are significant. Lawyers can provide the same level of service regardless of where they are located — and provide this service when it's convenient to them and their clients. Registrations submitted electronically will also be immediately searchable, says Doyle. And money will be saved. The number of docu- ments returned — unregistered — because of compliance issues or incorrect fees will plummet as will courier fees, postage, and in-person costs. Newfoundland's online deeds registration system was launched in tandem with the proclamation of the province's new Registration of Deeds Act, 2009. "Noteworthy to mention in the new legislation is a switch to a notice-based process for registering mortgages, transfer of mortgages, and release of mortgages," says Doyle. "The actual document in these circumstances will not be submitted for regis- tration. Instead a notice containing the particulars set out in the Registration of Deeds Regulations will be all that is required." In fact, the registry of deeds will no longer house actual mortgage documents. The provincial govern- ment is not only planning ahead for new registra- tions, it is working back to digitize all paper-based registrations from 1825 to 1982. "Once completed," says Doyle, "this will result in a complete electronic repository for the Registry of Deeds that will be able to be searched online." From the comfort and convenience of any lawyer's office, no doubt. — DM CENTRAL APPEAL COURT TO DECIDE ON REMOVAL OF JUDGE FROM DEFAMATION CASE mogul Pierre Karl Péladeau against Sylvain Lafrance, the head boss of French-language media services at CBC/Radio-Canada, is now under a suspension order until the Quebec Court of Appeal decides on a request to remove Superior Court Justice Claude Larouche from presiding over hearings. Lawyers for Péladeau at Montreal litigation boutique Woods F LLP have termed Larouche's behaviour "scandalous" and convinced Quebec's highest court to take a formal look after Larouche refused a request that he recuse himself from the case. Among the incidents cited: Larouche told all litigators arguing the case that he was only hearing it because other judges did not want to; Larouche waved two magazines featuring the Péladeau battle with Radio-Canada's Lafrance as an indication that Péladeau was using his own media to promote his side (although the mags actually belonged to rivals). "Is it the judge's role to present evidence himself in a case he's hearing and to say it's one of his concerns?" mused Quebec Court of Appeal Chief Justice J.J. Michel Robert. He also termed as "worrisome" Larouche's allusion to the workings of the courts behind the scenes — whether or not judges wanted or did not want the case. Robert ruled the Quebec Court of Appeal will hear the motion for Larouche's dismissal in a hearing on Feb. 22. The defamation case began in 2007 when Lafrance used the French word "voyou" — a word translated as punk, hoodlum, and bum — in reference to Péladeau on several radio shows and in newspapers. Péladeau's Quebecor cable subsidiary had decided to temporarily suspend payments to the Canadian Television Fund (now the Canada Media Fund) because more than a third of its budget went to the CBC and an auditor general's report at the time had criticized the fund's governance. — KATHRYN LEGER kathryn.leger@videotron.ca irst it was the battle of two media bosses, now the judge hearing the case is in the line of fire. The $700,000 defamation case pitting Quebecor Inc. media 8 FEBRUA R Y 2011 www. CANADIAN Lawyermag.com KPI_CL_Jan_11.indd 1 12/17/10 9:04:34 AM

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