Canadian Lawyer - sample

July 2017

The most widely read magazine for Canadian lawyers

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48 J U L Y 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m shift and want to offer this, but the pub- lic awareness of this isn't where we'd like it to be in Ontario," Huddart says. As much as collaborative profession- als try to get it on the radar screen as an option, the government is "still very focused on mediation," she says, noting it's a struggle to maintain a profile that is equivalent to mediation's. It's hard to get buy-in from the govern- ment — Ontario is focused on how to help unrepresented litigants in court as opposed to "what the hell kind of system do we have that we're sending people to court that can't afford a lawyer," Huddart says. "System changes come hard," she sums up. "We have work to do here. This is why nationally we have to learn about what's happening." B.C.'s recent changes to legislation have "really brought collaborative on to that radar screen, so I look at them as something to aspire to frankly," Huddart says, adding Ontario certainly isn't there yet. She also notes that in Saskatchewan, when they set up their collaborative group, it got the support of their law society, what she calls "a very interest- ing step" because no other groups across Canada have received that. It's good to have professional groups onside, she says. "A number of years ago, the Cana- dian Bar Association passed a resolu- tion supporting collaborative, which is important because that's our national legal association — so, on record, the national bar association is supportive of collaborative practice. We take these steps along the way, but we can always do more." The B.C. Collaborative Roster Society launched a pro bono project two years ago that's done through the provincial court system. Couples coming into conferences through the court system are referred by judges to the project, Lazar says, and the vast majority of cases handled so far has been successful. The program also offers pairing of new collaborative pro- fessionals with more experienced ones to foster mentoring. Seventy-five profes- sionals have completed the training in the model so they can provide the pro bono service, and the protocols developed over the course of the project have been shared with nearly 100 collaborative professionals in various different countries. There are plans in the works now to expand the services into a fixed-fee model so more people can access it as an option, scheduled to launch in the next few months. Traditionally, a couple would go to court with lawyers who had never spoken to each other before, go before the judge and make their best pitch. But in the end, the judge will dictate what happens to your children, your money — your life, Lazar says. The collaborative process gives the cli- ents more agency and freedom to come up with compromises that work for their family. Judges just don't have the time — or the jurisdiction — to deal with the personal issues. "In family law, a lot of the issues we end up addressing that are critical to resolv- ing the issues are not legal issues," says Audra Bayer, senior associate at MacLean Law in the Kelowna, B.C. office, noting L E G A L R E P O RT \ FA M I LY L AW © 2017 Thomson Reuters Canada Limited 00245IQ-A87333-NK Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 CORPORATE / COMMERCIAL New Edition Consolidated Canada Business Corporations Act and Regulations 2017, 37th Edition Consolidated Canada Business Corporations Act and Regulations 2017, 37th Edition contains the full text of the Canada Business Corporations Act, R.S.C. 1985, c. C. 44, Can. Reg. 2001-512 (Canada Business Corporation Regulations, 2001), Can. 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