Canadian Lawyer

Nov/Dec 2012

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP ATLANTIC lAwyers chAllenge MEGA-ENERGY PROJECT in the province want to thwart those plans. "We are trying to foment a proper debate. We want people to know the flaws with this project and all the options," says Edward Hearn, who practises in Labrador City and is president of 2041 Energy Inc., the company created by the five lawyers to fight the proposed Muskrat Falls Generating Facility. If built, the new facility in Lower Churchill, Labrador, would T he Newfoundland and Labrador government is push- ing ahead with plans for a megawatt energy project with a price tag of at least $6.2 billion. Five lawyers HALIFAX TO HIRE MORE IN-HOUSE COUNSEL be one of the largest energy projects in the province's history and would feature a 1,100-kilo- metre sub-sea tranmission link between Labrador and Newfoundland. An agree- ment to provide Nova Sco- tia with a portion of the power generated is also part of the proposed deal. Hearn and his colleagues Muskrat Falls is a natural 15 metre waterfall located on the lower Churchill River, Labrador. cost of the initiative — already reported to be more than $2 billion over original projections — as being prohibitive. The lawyers are also vocal in condemning the abbreviated 50-year project and the pro- cess being used to approve it. They also point to the estimated have stepped forward pub- licly to express concerns about the need for regulatory oversight that has been used to date. "There are a lot of anomalies so far, the project is moving through the normal regulatory approvals, and there is no attempt to quell public or legislative debate. "There has been no other project in the history of this province that' gotten this kind of scrutiny, ever," Premier Kathy Dunderdale told For its part, the Progressive Conservative government contends " says Hearn. s ever reporters. Many of those in favour of the project contend the opposition launched by 2041 Energy (named for the year the controversial Upper Churchill hydroelectric energy agreement between Newfoundland and Quebec ends) is politically motivated: the five protesting lawyers have strong Liberal connections. Not so, says Hearn. "It's an eclectic group, and it's non-partisan." — DONALEE MOULTON donalee@quantumcommunications.ca 6 N O VEMBER / D ECEMBER 2012 www.CANADIAN Lawyermag.com the shift in emphasis was one of 88 recommendations in a report commissioned by the city's legal department. "We'll end up streamlining and creating efficiencies. We'll be able to take a leadership role in new areas," says Marian Tyson, acting director of legal services and risk management. The shift in approach and direction comes in the wake T he Halifax Regional Municipality is increasing the number of staff in its legal department — by decreasing its use of external counsel. The of a 215-page report that concluded additional staff was needed in the legal department and the city was currently overspending on external legal counsel. The report was prepared by Catalyst Consulting in Vancouver following a public spending scandal that nearly toppled then-mayor Peter Kelly. It highlighted serious problems with the city's procurement and contract practices, concluding the $850,000 price tag for external legal fees should be cut to $250,000. The $600,000 savings would more than cover costs associated with hiring more law- yers and staff. The legal department has already made significant changes to the way it works. "There is a focus on pro- cedures and processes that would enable easier and better tracking of files," says Tyson, a former deputy minister with the provincial Department of Justice. There is also a greater emphasis on client service. Lawyers have been put into one of three practice areas: civil litigator, prosecution, and solicitor services. They will be expected to meet a 10-day turnaround bench- mark and prepare monthly reports for all the business units in their files. Also making an appearance, at least on a trial basis: time sheets. "If you're not keeping track of time, it's dif- ficult to keep track of what you have on the go," notes Tyson. ing a lawyer, two paralegals, and one administrative per- son. The expanding legal department is not an anomaly, notes Tyson. "In-house departments are getting larger. It's a reflection of the economy and a team-building strategy." Plans are underway to hire four new positions includ- — DM photo nAlcor energy

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