Canadian Lawyer

September 2009

The most widely read magazine for Canadian lawyers

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TECH SUPPORT legal research for the severance package calculator. Other case-law-based calculators exist — notably one from Carswell that uses continually updated research by Barry Fisher, a private practice employment specialist in Toronto. But Paradigm Shift built its tool from scratch, developing new algorithms and doing its own research. And this is the first calculator offered directly to consumers, Cheng points out. Paradigm Shift's timing, in the midst of a recession that is leaving hundreds of thousands out of work, was fortuitous. Loreta Zubas, a partner at Zubas + Milne in Toronto, a three-lawyer employee- side boutique, estimates the number of wrongful dismissal cases coming her way has jumped by as much as 30 per cent in the last nine to 12 months. Could some of those clients benefit from a product such as Fired Without Cause? "Absolutely," says Zubas. "I think the more information they have the better. It helps give them a level of comfort or empowerment when they're dealing with their own lawyer. Some of this stuff is very helpful." But she's concerned many people will be persuaded to do it entirely on their own with Fired Without Cause, and as a result miss getting what they're entitled to, either because the product gives them misleading or incomplete information or their dealings with the employer lack the "punch" a competent lawyer can put into negotiations. "It's understandable people want to avoid going to a lawyer in this situation," Zubas says. "But sometimes they need us." Dan Michaluk, an associate at Hicks Left to Right: Etienne de Villiers, Bruce Stratton, Jenna Wilson, Alan Macek, Ron Dimock, Jennifer Ko, Vincent Man All you need in IT patent litigation Experience. Results. The it patent litigation team at Dimock Stratton delivers on both counts. Take a look at some examples from our recent work: asserting three patents for the leading Canadian manufacturer of wireless handheld devices; representing three of Canada's top banks in an it patent impeachment proceeding; defending two major network equipment manufacturers in a patent infringement action. When you or your clients need results, rely on the experienced it patent team at Dimock Stratton. Morley Hamilton Stewart Storie LLP, a 100-lawyer management-side boutique in Toronto, also has misgivings. "Our view is that there's no substitute for good legal advice," he says. "We prefer to deal with employees who are represented. It tends to get you to a fair deal faster. So this is not something we particularly endorse." Cheng understands their positions, but says: "We see ourselves as a comple- ment to the legal system. Many consum- ers don't know they have [employee] rights. They use our service and they find out they do have rights, then they go to see a lawyer." Not all of them, of course, as he's the first to admit. "The trend is to do it yourself. We don't coun- sel anyone to go that route, but the reality is a lot of them will." For some, it may be a reasonable Dimock Stratton llp experience. results. 20 Queen W. 32nd fl, Toronto | 416.971.7202 | dimock.com 26 SEPTEMBER 2009 www. C ANADIAN Law ye rmag.com ntitled-3 1 8/10/09 9:56:10 AM way to go. Even Zubas concedes many people who call her never become clients because she's able to reassure them over the phone that they received a fair deal. She's surprised how many. Employers are "stepping up to the plate" with decent set- tlements, Zubas says — perhaps because they fear damage to their reputations if they appear to be callously tossing work- ers aside. This is exactly why his service can play a useful role, argues Cheng. It can help consumers make a rational decision about whether they need to hire a lawyer. Based on average fees reported by small and mid-size firms in Canada and a

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