Canadian Lawyer

July 2008

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP tee's fi nding that Quebec Superior Court Justice Jean-Guy Boil- ard had acted improperly. Both the Boilard and Matlow matters involve questions of judges' recusing themselves from cases. Norman Sabourin, executive director and senior general counsel for the CJC, says the council has only once recom- mended that a judge be removed — a 1996 case involving Su- perior Court of Quebec Justice Jean Bienvenue, who resigned before he was offi cially removed from offi ce. Matlow's rare CJC inquiry committee hearing — held in Justice Ted Matlow wants a judicial review of the CJC committee's recommendation. Cavalluzzo says the CJC committee in its report applied an "antiquated view" of a judge's role in contemporary society add- ing, the punishment Matlow faces is "totally not proportionate with the conduct alleged, even if there is room for criticism." There have been eight inquiry committees since the CJC was created in 1971. The council is currently dealing with two on- going cases: Matlow and a matter involving Ontario Superior Court Justice Paul Cosgrove. The council's history suggests this isn't the end of the line for Matlow. In 2003, the CJC disagreed with an inquiry commit- Privacy Law in the Private Sector An Annotation of the Legislation in Canada Jeffrey A. Kaufman Current contributors: Sara A. Levine, J. Alexis Kerr, Karl Delwaide and Antoine Aylwin Past contributors: Priscilla Platt, Lise Hendlisz, Daphne Intrator and Karine Joizil This indispensable guide to the law regulating privacy in the private sector in Canada provides text and cross- referencing for current federal and provincial statutes and regulations that address private sector privacy, together with annotations, commentaries and case law references and summaries that clarify the law. Inside you'll find federal privacy legislation (PIPEDA) and provincial legislation for British Columbia, Alberta and Quebec as well as privacy legislation in respect of personal health information for Ontario. It also includes highlights setting out commentary on the most current issues of interest in privacy. For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. 12 JULY 2008 www. C ANADIAN Law ye rmag.com KAUFMAN_Privacy Law in the Private Sector (CL 1-4sq).indd 1 6/4/08 10:03:39 AM January, with a subsequent sitting in April, after the committee requested further evidence from court staff — came about after City of Toronto solicitor Anna Kinastowski fi led a complaint in 2006 regarding Matlow's decision to sit in 2005 on a three- judge panel that unanimously ruled against a city proposal for a streetcar right-of-way. Kinastowski alleged the veteran judge shouldn't have sat on the panel because he was involved with a community group that had opposed a development project proposed by the City of Toronto and a developer in 1999. The development was planned for an area near Matlow's home. At the inquiry hearing, Matlow — a supernumerary judge who hasn't been sitting on cases since April 2007 — said he made an "error in judgment" in sitting on the streetcar case, but not an error in law. — STAFF Nearing the end of the paper trail F or years, lawyers in Nova Scotia grappled with an outdated land- registry system that made their jobs harder and added hours to their work week. That changed in 2006, when the province moved to an online system. Now it's changing again with further improvements to the system. The legislative changes to the Land Registration Act, prom- ATLANTIC CANADA ised Minister of Service Nova Scotia and Municipal Relations Jamie Muir, will make it easier for lawyers to use the land- registry system. Here's how. Under the amended act, the registrar general will have broader power to correct errors within the land registry, and confi rmation of initial land registration will not require a historic deed search. The responsibilities of lawyers certifying title to land will also be clarifi ed. As well, the reg- istrar general will be able to hear appeals of a decision by a registrar. This means fewer trips to the province's Supreme Court.

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