Canadian Lawyer

January 2009

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP upcoming show there that will be built around the songs of Elvis Presley. "It's very stimulating and exciting to work with people you admired and still do." Another of Khayat's outside go-to guys is Jean-Pierre Colpron of Ogilvy Renault LLP, who was also instrumen- tal in acquiring the rights to the Beatles catalogue and other big deals over the past 18 years. Colpron, with his own team of merger and acquisition specialists Patrick Shea and Eric Stevens, performed one of his biggest acts for the Cirque in helping broker the mega-deal that saw busker- turned-billionaire Guy Laliberté sell off one-fi fth of his entertainment empire to one of the world's most powerful invest- ment groups operating out of the Unit- ed Arab Emirates. The veteran tax and business restructuring specialist negoti- ated with fellow Montreal lawyer John Leopold, the senior partner at Stikeman Elliott LLP who represented private eq- uity investor Istithmar World Capital and real estate developer Nakheel — both units of government-owned Dubai World — in each acquiring a 10-per- cent stake in the Cirque. That August 2008 deal, which Leo- pold called the fi rst globally active sov- ereign wealth fund investment in Can- ada, is estimated at approximately $400 million. Assisted by Stikemans partner Peter Castiel and associate Sophie Lam- onde, Leopold says, ultimately, about 25 lawyers at the fi rm were involved in the nine-month-long negotiation. Leopold, co-chairman of Stikemans' M&A group, has been dubbed the Prince of Dubai by Montreal French-language newspaper La Presse. It's dealing with such specialists and "cutting edge legal perspectives" that make Khayat realize he has the most "in- teresting and challenging job" helping develop permanent and touring shows around the globe. "Fifteen years ago, we were in 50 countries, now we're in al- most 200," he says. There are seven tour- ing and 10 permanent shows that were seen by a total of more than 10 million people in 2008. — MIKE KING mking@videotron.ca www. C ANADIAN Law ye rmag.com JANU AR Y 2009 13 Nova Scotia goes courting T he court system is expanding, and improving, in Nova Scotia. Two major initiatives have been an- nounced that will alter the legal land- scape: the establishment of the prov- ince's fi rst mental health court and the introduction of new civil procedure rules that regulate procedures for the Supreme Court of Nova Scotia. In the last speech from the throne, the government dealt with a mental health court in a single sentence. It was enough. On April 1, 2009, the govern- ment will open the doors to the fi rst mental health court program in the province's history. After reviewing models across the country and beyond, the Department of Jus- tice opted for a refer- ral process that will involve a core team of professionals within the court system. Referrals to the court will come from justice offi cials as well as family and friends. Before going to court, individ- uals must undergo an assessment, must be fi t to stand trial, and must accept re- sponsibility for their actions. "At the end of the day, there will be court sanctions," Judith McPhee, direc- tor of court services, told The Chroni- cle Herald. "That could range from an absolute discharge all the way up to incarceration. But the bottom line of a mental health court, or any specialty court, is to get the person out of the criminal justice system." The mental health court, which will be at the Dartmouth Justice Centre, will cost roughly $1.8 million a year to op- erate. $500,000 has been allocated for start-up costs. Hiring began in January. The move has support from the mental health community. "Govern- ment's decision to help Nova Scotians with a mental illness who get in trou- ble with the law is a major milestone," says Robert Hunt, chairman of the Mental Health Foundation of Nova Scotia. "Our prisons have become the asylums of the 21st century, as Mi- chael Kirby, [chairman] of the Mental Health Commission of Canada once said." According to the Offi ce of the Correctional Investigator, 12 per cent of men and 21 per cent of women in federal prisons have a mental disorder. New civil procedure rules will be put ATLANTIC CANADA in place for the province's Supreme Court and Court of Appeal. These rules will be clearer as a result of the legislation, said Justice Minister Cecil Clarke. It's not just the justice minis- ter who is attesting to the clarity of the new and improved rules. The legislation rati- fi es and confi rms rules that were revised by the judges of the two courts. "The previ- ous rules were made in 1972," says Clarke. "Our judges have done considerable work to update them, make them more user-friendly, and put a new focus on plain language." Concerns about delays, costs, and complexity of proceedings prompted the judges to take a close look at the ex- isting civil procedure rules and rewrite them. The Supreme Court has done a comprehensive review and revision of the rules over the past fi ve years. They weren't alone. At the request of the Supreme Court, the Law Reform Commission, the Nova Scotia Barris- ters' Society, and the Department of Justice also helped with the revision. The new rules, which go into effect Jan. 1, are more effi cient, effective, and straightforward. According to the Rules Revision Project, this will help to reduce delays, lessen expenses, and lead to more satisfactory results. In the end, access to justice will be improved. — DONALEE MOULTON donalee@quantumcommunications.ca

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