Canadian Lawyer

October 2012

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP Bringing justice issues to the fore of politics election campaign to push its agenda for a serious look at how and where money is spent in the justice system. The Barreau du Québec already actively participates in social media platforms like Facebook and LinkedIn, but the use of Twitter, paired with the setting up of a dedicated micro- site at www.votrejustice.ca to promote public discussion and try to pin down the main political parties on where they stood on justice system issues, was a first. With a Twitter feed running along- T he regulator of 24,000 Quebec lawyers turned to the Twitter- verse for the Sept. 4 provincial side, and a place for visitors to comment directly, the French-only site features four main themes and has a function to track where the political parties stand on each, with "no response" prominently figuring when applicable. Close to 4,000 people visited the microsite (there were more than 10,000 individual page views) over a two-week, pre-election period during the social media engagement campaign, with a huge spike on the day a live debate with candidates from five political parties was broadcast simultaneously through a web feed and on local community radio station CIBL 101.5. "While justice was practically absent in the political platforms of many of the par- ties, we succeeded in publicly summon- ing the question of justice and obtaining some concrete commitments," says Nico- las Plourde, bâtonnier of the Barreau, which organized the campaign along with support from the Young Bar of Montreal. "A growing number of problems afflict our justice system, making it pressing for us as a society to take stock of the crucial questions," says Plourde, a commercial litigator with Heenan Blaikie LLP. One of the crucial questions is a for- News Feed BEST LAWYERS We are very proud to announce that Cynthia Kuehl was one of the 19 Lerners lawyers recognized by Best Lawyers in Canada for 2013. www.lerners.ca/news/206/ CHILDREACH Visit our charity Facebook page and we'll donate $1 for every "Like" to the highlighted charity up to a maximum of $2,500 per month. This month is Childreach, a charity aimed at helping parents with childhood development. aximum www.facebook.com /LernersLLP THE BEST "FIT" Business lawyer Ian Shewan was invited to speak at the Ontario Sustainable Energy Association webinar series "Making Coop-Corporate Partnerships Work under FIT 2.0" www.lerners.ca/news/210/ contracted by the Barreau, about one per cent of government spending is allotted for justice, compared with roughly 40 per cent disbursed for health care and about 20 per cent for education. The regulator is trying to get formal remedial action to widen access to justice. Specific measures include an increase in eligibility for legal aid and special tax treatment for legal expenses. While the dollar threshold for legal aid has increased slightly in recent years, the way the sys- tem is now set up, those earning mini- mum wage ($9.90 an hour in Quebec) most often do not qualify. On the tax front, removing taxes for some legal ser- vices and allowing citizens to claim legal expenses as a tax deduction — as busi- nesses are allowed to do — could also provide some relief. The Barreau will continue to submit mal, comprehensive look at the Que- bec justice system by holding a summit with participation by the government and other players, the Barreau argues, pointing out the last time that kind of extensive review took place was 20 years ago. Chronic underfunding of the justice system — as in other jurisdictions — is one of the obvious questions. In Quebec, according to an analysis by an economist its average of an estimated 60 formal opinions, including briefs, on a variety of justice issues, says Plourde, but is deter- mined to try and promote awareness and concrete action through non-traditional means like social media. The microsite will continue in operation and the Bar- reau is in the process of editing the one- hour debate to distill and display com- ments or commitments by representatives of the political parties. — KL WANT TO GET FIRED? CALL A SENIOR LAWYER DISHONEST. A www.lerners.ca 2 0" erners_CL_Oct_12.indd 1 8 OCTO BER 2012 www.CANADIAN Lawyermag.com 12-09-07 10:44 AM Employment Lawyers, told Law Times. He added there can be cases where different lev- els of court come to different decisions, making it difficult for lawyers to advise clients. "Employment law certainly isn't black and white. " and restored the trial judge's finding that Mississauga, Ont., lawyer, Dawn Marie Bennett, was terminated for cause after she delivered a letter to her principal accus- ing her of taking dockets for work performed by Bennett and attributing them to herself. The results in this case illustrate the uncertain nature of how wrongful dismissal law is applied. "Really, no two cases are likely the same," Ronald Minken, of Minken lawyer who accused her principal of being dishonest and negligent was justly fired for cause, says the Ontario Court of Appeal. In Bennett v. Cunningham, the appeal court overturned the Divisional Court's ruling

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