President's Message
by Corinne Rivers
Season’s Greetings! How time flies! As children we could hardly wait for Christmas to come and it took forever. Now it seems the Holiday Season arrives faster every year. Some of us are still scrambling to get our CPD in - so the Association has opportunities for us all - don’t forget what a bargain our replays and original programs are. The Ontario Government is busy increasing online access to all of its’ services including now Civil litigation. Teraview is switching over to a web based application for Land registration starting in the new year so you real estate practitioners need to log into the new system for the training sessions available free to all users. York Region will go live on Feb 5, 2018 and the old system will cease to operate on March 19. FOLA is keeping us abreast of new, interesting and sometimes not so welcome changes we will have to deal with in the future. Be sure to read the materials which are available through our website. In the mean time, I am confident we will all do our best to get through the month intact in order have a safe and happy holiday season, so we can come back in the New Year refreshed and invigorated!
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Family Law Update
George van Hoogenhuize, Chair
Law Society benchers approve action plan to improve access to justice for families via special licensing for paralegals and others
Toronto - December 1, 2017: The Law Society's governing body today approved, in principle, an action plan to help improve access to justice for Ontario families. The plan includes establishing a special licence for paralegals and others with appropriate training, to offer some family law legal services.
The action plan was developed in partnership with the Ministry of the Attorney General, in response to the 21 recommendations outlined in the Family Legal Services Review, which considered whether a broader range of service providers could deliver certain family law legal services.
From early March to mid-May, 2017, the Law Society of Upper Canada and the Ministry of the Attorney General invited public feedback on recommendations outlined in the review. Over 160 submissions were received from individuals and organizations, which helped to inform the joint action plan.
“We are committed to strengthening the province's family law system,” says Law Society Treasurer Paul Schabas. “I am confident that this will help to provide Ontarians with timely, competent services, while protecting the public interest.”
“The Ministry was very pleased to collaborate with the Law Society on solutions for this critical access to justice issue.” says Attorney General Yasir Naqvi. “I am firmly committed to making real change for families navigating the justice system and this is an important part of achieving that goal,” he says.
Action Plan Details
Under the joint action plan the Law Society will:
- Develop a licence for licensed paralegals and others with appropriate training to offer some family law legal services, following resource-related discussions with government. Recognizing the urgency of the need, this licence will support training in process navigation, form completion, investigating forms such as financial, motions to change, and uncontested divorces - and possibly other areas outside the courtroom context.
- At the same time, assess what additional family legal services by providers other than lawyers, and including advocacy, are in the public interest, and consider how to develop a further expanded licence, following resource-related discussions with government.
- Engage in a robust evaluation of the success of the family law legal services licence for providers other than lawyers, and make any adjustments that are in the public interest.
- As part of its priorities, consider experiential training for lawyer candidates in the licensing process, including how they may provide supports for the delivery of family law legal services under appropriate supervision.
- Review its rules relating to the unauthorized practice of law and ensure that the rules are as clear as possible concerning the difference between legal information that might be provided by court staff to unrepresented litigants, and legal advice.
- Continue to support the expanded use of unbundled services and legal coaching, including offering continuing legal education opportunities and tools to address liability concerns.
More information is available online.
In partnership with the Law Society, the province will continue to explore ways to increase access to justice in family law and will announce further steps to build on this joint action plan in the New Year.
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Family Law Listserv
An email listserv for Family Law lawyers has been set up by YRLA member Adel Afzal for anyone wishing to participate. The URL is: www.familylawyers.email
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Judicial Appointment to Family Court
Newmarket Superior Court of Justice
George A. MacPherson, Director General (Eastern District) for Legal Aid Ontario, is appointed a judge of the Superior Court of Justice in and for the Province of Ontario and a member of the Family Court in Newmarket. He fills a new position authorized under Bill C-44, the Budget Implementation Act, 2017, No. 1.
The official announcement can be found here. The swearing-in ceremony will take place December 6, 2017. Details here. |
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Upcoming CPD: Friday, December 8 from 9:00am - 12:30pm Six-Minute Family Law Lawyer live webcast at the Regional Municipality of York Training Room, 62 Bayview Pkwy. Details and registration here. |
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Ministry of the Attorney General Digital Service Enhancements in Ontario's Courts
Sent on behalf of Federation of Ontario Law Associations (FOLA):
On November 29th, the Ontario Attorney General announced a series of initiatives to improve the efficiency of Ontario’s courts and justice system. Please find attached a memo which summarizes these initiatives.
As always, if you or your members identify any issues or have questions, please do not hesitate to call.
Michael Ras
Executive Director
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Civil Litigation Committee
Darryl Singer, Chair
Civil claims online filing is now available across Ontario. For more information, including how to set up a Justice Services Online Account, please click on the links below.
Province-Wide Launch of the Civil Claims Online Filing Service
(Effective November 27, 2017)
View the letter to the legal community here.
Poster
View the guide for Setting up a Justice Services Online Account here.
Upcoming CPD: Tuesday, December 12 from 1:00 - 2:15 pm What you Need to Know about Solicitor Client Assessments. Details and registration here. |
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Criminal Law
Dan Mideo, Chair
CONSENT BAIL VARIATION AMENDED PROCESS
Commencing immediately, bail variations will no longer be conducted through the OCJ Trial Coordinators’ office but through the Criminal Administration office.
- Counsel or the accused will obtain a blank Bail Variation form from the bookshelf in the waiting area of the filing office or alternatively from the Crown’s Office.
- Once counsel or the accused has a completed Bail Variation form on consent of the Crown, it will be filed at the OCJ Criminal Counter (do not return it to the Crown Attorney’s Office).
- The accused/counsel copy of the judicially endorsed Bail Variation form will be available before 10:00 a.m. the following day, provided the filing is before 2:00 p.m. the day before. If filed after 2:00 p.m. it will be available within 2 business days.
- A copy of the endorsed form can be picked up from the “Bail Variations accordion folder” situated on the public side of the counter.
- Inquiries to counter staff can be made if the form is not available as expected.
- The original completed Bail Variation form will be attached to the information.
Domestic Court – Bail Variations:
- Please note, there will be no change to consent bail variations in Courtroom 102 on domestic days, as the information is already before the court.
- The completed variation form will be provided to the sitting jurist for signing. Copies will be provided to counsel and attached to the information in court.
- If the information is not before the court on the date the variation is requested, the amended procedure as described above will be followed.
Amended 09-Nov-17 |
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Crown Prosecution Manual
The ministry has released a new crown prosecution manual which will apply to all cases that are before the court as of November 14, 2017, when the manual takes effect. The new manual can be found here: Ontario.ca/crownmanual.
Ontario Unveils New Bail Directive to Reduce Pre-Trial Custody
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Criminal Lawyers: Do You Have Your CPD Hours Yet?
Register for one of our video replays or listen to TAG's podcast to complete your CPD hours. Please remember the library is not staffed the last week of December, so register before December 22, 2017. See the "CPDs" section below for programs and registration details.
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Legal Aid Update
Norm Panzica, Chair
Sent on behalf of Federation of Ontario Law Associations (FOLA):
Legal Aid Ontario is making a series of “housekeeping” changes that may be of interest to members in your area who take legal aid certificates, particularly for criminal matters.
The latest change is to how LAO will be granting separate certificates on different charges. Details can be found below or at this link to the FOLA web-site.
Changes to the Charges Heard Separately Certificate Issuing Process
Jane Robertson, our Legal Aid Committee Chair, and Mike Ras, Executive Director, continue to monitor these changes and work with LAO to ensure that the changes made are to the advantage of the private bar, as much as possible.
If you or one of your members has any questions, please do not hesitate to get in touch with us.
Michael Ras
Executive Director
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Library Report
by Betty Dykstra
The library has had it's share of interesting times with changes coming to services in the next couple of years, the addition of part time staff and as per usual, we have been decking the halls with late year cpd's.
It has been a very busy year and it's not quite over. Last year I gave you a poem for the Holidays....this year you get a song (I get a feeling that I hang around Clive too often).
I always feel a little Grinchy this time of year, so I thought it was appropriate to change up some of the words to one of my favourite holiday carols. I have included some audio if you wish to sing along. (Many apologies to the original writers of You're a Mean one Mr. Grinch).
You’re a strange one, Practice of Law
2017 brought lots of change
Affecting family, criminal and civil;
so many things to rearrange
With your Practice of Law
All brought to you by the AG, LSUC, Supremes and the Newmarket Courts
You’re a perplexing one……Family Law
Things are changing fast
Now we’ll get Paralegals in Family Law,
the Convocation Report just passed
Oh, Family Law
Well, It’s not like we didn’t offer an opinion when they asked
Not the only thing…. In Family Law
We did get better news
Practice Directions regarding Confirmations, Motions,
And Settlement Conferences too
In Family Law
A new Judge being sworn in on the 6th…. come on out and schmooze
Not a bad thing…. Criminal Law
New Directives for release
Bail Court ladder test required, for Counsel,
Crowns and Justice of the Peace
In Criminal Law
Over the Counter, Consent Bail Variations too, if you please.
You aren’t forgotten …. Civil Law
Pilot Projects pave the way
Online filing is the norm now; use your credit card to pay
For Civil Law
On Contingency Fees & Advertising, however, the Law Society still will have a say
Real Estate Guys, Here’s the scoop
You aren’t immune from all the news
With computers taking over, use the web for Teraview
For Real Estate
New Standardized Closing Documents, Land Transfer Tax Docs to use.
Hope that’s all now...Practice of Law
The staff here need a break
Keeping everyone updated, definitely causes heads to ache
Practice of Law
Looking forward to some less news in the new year, for everyone’s sake.
Wishing all a quiet and peaceful holiday.
Betty, Janet & Shirin
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The library will be unstaffed but open to members from Friday, December 22nd at noon until Tuesday, January 2nd at 9:00 am.
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New Books
- Trusts in Common-Law Canada, 2nd ed.
- Prosecuting and Defending Sexual Offence Cases
- Consolidated Ontario Insurance Statutes and Regulations 2017
- Annotated Partnership Agreement 2017
- Practice Gems: Administration of Estates 2017
- Practice Gems: Probate Essentials 2017
- Civil Litigation Practice Basics 2017
- Canadian Legislation on Intellectual Property 2018 - CETA Supplement
- An Introduction to Real Property Law 7th ed.
- Discovery in Canadian Common Law
- Title Searching & Conveyancing in Ontario 7th ed.
- Ontario Family Law Practice 2018
- Torts: a guide for the perplexed
- Practical Guide to Evidence in Criminal Cases 8th ed.
- Agency and Partnership Law Primer 5th ed.
- Criminal Law Defences 4th ed.
- Practice & Procedure Before the Human Rights Tribunal of Ontario
- Fundamentals of Human Rights Law in Canada 4th ed.
- Canadian Civil Remedies for Torts in Novel Situations and Special Circumstances
- Disability Insurance Law in Canada 2nd ed.
- Law of Inducement in Canadian Employment Law
- Canadian Family and Immigration Law: Intersections, Developments and Conflicts
- Charter Justice in Canadian Criminal Law 6th ed.
- Law of Criminal Attempt 3rd ed.
- Examination of Witnesses in Criminal Cases 7th ed.
- Law of Judicial Notice
- 2017 Consolidated Ontario Insurance Statutes and Regulations
- Insurance Contract Interpretation
- 20th Annual Estates and Trusts Summit
- Six-Minute Environmental Lawyer 2017
- 18th Annual Employment Law Summit
- Advanced Issues in Domestic Contracts in Family Law
- Digital Evidence: a practitioner's handbook
- 2017-2018 Annotated Bankruptcy and Insolvency Act
- Canadian Business Corporations Law, 3rd ed. v.3
- Law of Privacy, 2nd ed.
- Ontario Landlord and Tenant Law Practice 2018
- The 2018 Annotated Ontario Construction Lien Act
Updated/Added Looseleafs
- Butterworths Workers' Compensation in Ontario Service
- Financial and Estate Planning for the Mature Client in Ontario
- Personal Injury Practice Manual
- Employment Law in Canada
- Employment in Ontario
- Employment Litigation Manual
- Canadian Law of Planning & Zoning
- Damages for Breach of Contract
- Immigration Law & Practice
- Impaired Driving & Breathalyzer Law: recent case law
- Judicial Interim Release Bail Manual
- The Law of Municipal Liability
- Ontario Planning Law & Practice
- Feeney's Canadian Law of Wills
- Shareholder Remedies in Canada
- Ontario Residential Real Estate Practice Manual
- Income Tax and Family Law Handbook
- Class Actions Law and Practice
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CPDs
Criminal Law Practice Basics 2017 (video replay) 2 h 30 m Substantive 1 h 30 min Professionalism – watch at your office any time. Details and registration here.
Six-Minute Criminal Lawyer 2017 (video replay) 3 h 30 m Substantive 30 m Professionalism – watch at your office any time. Details and registration here.
Impaired and “Over 80” 2017 (video replay) 3 h 15 m Substantive 15 m Professionalism – watch at your office any time. Details and registration here.
Friday, December 8 from 9:00am - 12:30pm Six-Minute Family Law Lawyer live webcast at the Regional Municipality of York Training Room, 62 Bayview Pkwy. Details and registration here.
Tuesday, December 12 from 1:00 - 2:15 pm Civil L&L: What you Need to Know about Solicitor Client Assessments. Details and registration here.
Good news for those of you who need just a few more minutes of Professionalism hours -- TAG's Architects of Justice podcast is now CPD Accredited. A list of the podcasts can be found here.
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Events
Wednesday, December 6 Swearing-In of Mr. Justice George MacPherson. Courtroom 401 at 4:30 pm. Reception hosted by the YRLA in Lawyers Lounge after the ceremony. Details here.
Thursday, December 7 The annual Festive Gathering "DJ Dance Party" takes place at Station Creek Golf & Country Club, Gormley. Join us for a fun night of raffles, music, and dinner. Details and ticket sales information here.
FOLA China Trip
The deadline to sign up for the FOLA trip to China on March 31 – April 11, was to be December 1 st, but we have just had the deadline extended to December 11 th to accommodate any last-minute interest.
Please pass this notice around to your members and encourage them to take advantage of this terrific opportunity to visit China.
Details can be found at this link: http://www.fola.ca/fola-travel.html |
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Announcements
On the move...
Sorley & Still, Barristers and Solicitors, is excited to announce that after a brief leave, Tanya Cianfarini has returned to practicing family law. Tanya practices all aspects of family law. She welcomes any referrals, both private and Legal Aid. Tanya can be reached at:
15064 Yonge Street
Aurora ON L4G 1M2
Tel: 905-726-9956
Fax: 905-726-9957
Email: cianfarani@sorleyandstill.com
Heather Gillies Law Firm is moving to:
Apple Suites
209-16 Industrial Parkway South
Aurora ON L4G 0R4
Tel: 365-500-2007
Fax: 365-500-2008
The move is effective December 31, 2017.
Warren G. Skinner, Barrister & Solicitor, has moved to:
105 Eagle Street
Newmarket ON L3Y 1J2
Tel: 905-235-2588
Fax: 905-898-3957
Cell: 905-830-2367
Email: warrenskinner@hotmail.com
He accepts referrals or agency work in the following: criminal, family, estate litigation, civil litigation, wills and power of attorney. Legal Aid Certificates are accepted in most circumstances.
The Law Office of Omarr Syed has moved to a new location at 103 Collier Street, Barrie, Ontario L4M 1H2, effective immediately. Phone and fax numbers remain the same.
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Will Requests...
Looking for the will of Marion Marlies Fry, who died on September 22, 2017. Her Will was prepared by Winemaker and Miller Barristers & Solicitors in Richmond Hill. That law firm is no longer in practice. My client, Thomas Edward Fry, spouse and Executor, does not have her original Will. If you have any information please contact Nicol at Doug A. Grace Professional Corporation:
949 2nd Avenue West
P.O. Box 952
Owen Sound ON N4K 6H6
Tel: 519-371-9370
Fax: 519-371-5747
The Estate of Paulo Fernando Monteiro also known as Paulo Fernando Viveiros:
Anyone having knowledge of a Will of the late Paulo Fernando Monteiro also known as Paulo Fernando Viveiros, of the Town of Georgina, in the Province of Ontario, who died on July 29, 2017, is requested to contact Morgan Lipchitz, of Donnell Law Group, at 905-476-9100 or by fax at 905-476-2027.
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Employment
Insurance Defence Lawyer position available in TD Insurance Staff Legal department at 101 McNabb Street, Markham ON. See attached for details. Insurance Defence Lawyer
Full-Time Family Law Clerk position available at Galbraith Family Law Office in Newmarket. See attached for details. Family Law Clerk
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Space for Rent
Keswick Office - Space for Lease
Office space is available on The Queensway in Keswick, preferably for a Family Lawlawyer. The building is newly renovated, has ample dedicated parking, and is totally turn-key. Would be ideal for a sole practitioner, or as a satellite office in a fast growing community. Already in the building is a Litigation lawyer (personal injury), Real Estate/Wills/Corporate lawyer and Criminal lawyer. Referrals are likely.
If interested, and for a viewing of the space, as well as any other details, call 416-409-4632 and ask for Ray.
Ray Watt
Dutton Brock LLP
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Newsletter Deadline
The YRLA Newsletter welcomes your comments, news and articles.
The submission for the next YRLA newsletter is January 25, 2018.
Please direct all replies to Betty Dykstra bdykstra@yorklaw.ca
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