The Law Society of Upper Canada
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Convocation - Consent Agenda - Motion Tab 1 THE LAW SOCIETY OF UPPER CANADA MOTION TO BE MOVED AT THE MEETING OF CONVOCATION ON SEPTEMBER 25, 2013 MOVED BY: Michael Lerner SECONDED BY: Catherine Strosberg THAT Convocation approve the consent agenda set out at Tab 1 of the Convocation Materials. 6 Convocation - Consent Agenda - Motion Tab 1.1 D R A F T MINUTES OF CONVOCATION Thursday, 27th June, 2013 8:30 a.m. PRESENT: The Treasurer (Thomas G. Conway), Anand, Armstrong, Backhouse, Boyd, Braithwaite, Bredt, Callaghan, Campion, Chilcott (by telephone), Dickson, Doyle, Dray, Earnshaw, Elliott, Epstein, Eustace (by telephone), Evans, Falconer, Ferrier, Furlong, Goldblatt, Gottlieb, Halajian (by telephone), Hare, Hartman, Horvat, Hunter (by telephone), Krishna, Leiper, Lerner (by telephone), MacLean, Manes (by telephone), Marmur, McDowell, McGrath, Mercer, Millar, Minor, Murchie, Murray, Pawlitza, Porter (by telephone), Potter, Pustina, Rabinovitch, Richardson, Richer, Ross, Rothstein, Ruby, Sandler, Scarfone, Schabas, Sheff, Silverstein, C. Strosberg, Sullivan, Swaye, Symes, Wadden, Wardlaw and Wright (by telephone). ……… Secretary: James Varro The Reporter was sworn. 7 THIS PAGE CONTAINS IN CAMERA MATERIAL Convocation - Consent Agenda - Motion ……… IN PUBLIC ……… ANNOUNCEMENT OF THE ELECTION OF TREASURER The Secretary announced that as of the close of nominations at 5:00 p.m. on May 9, 2013, there was one candidate for the election of Treasurer. Thomas G. Conway was declared elected as Treasurer. TREASURER’S REMARKS The Treasurer addressed Convocation on the subject of his first term as Treasurer and thanked benchers and staff for their support. The Treasurer expressed condolences to the family and friends of The Honourable Justice Edward W. Ducharme, former bencher, who passed away on June 2, 2013. The Treasurer thanked Diana Miles and her staff for their work on the various call to the bar ceremonies in June. The Treasurer acknowledged the honorary LL.D. recipients at the June calls to the bar: The Honourable David C. Onley, O.Ont, The Honourable Chief Justice Annemarie E. Bonkalo, The Honourable Dennis O’Connor, Q.C., The Honourable J. Douglas Cunningham, Q.C. and The Honourable Edward W. Ducharme. The Treasurer thanked Roy Thomas and the staff in the Communications department for facilitating a Twitter feed for the calls to the bar. The Treasurer congratulated former bencher Wendy Matheson on her appointment to the Superior Court of Justice of Ontario. The Treasurer congratulated The Honourable Frank N. Marrocco, former Treasurer, on his appointment as Associate Chief Justice of the Superior Court of Justice of Ontario. The Treasurer thanked Josée Bouchard and Rudy Ticzon for their efforts in organizing another successful Pride event, and wished Mr. Ticzon success as he leaves the Law Society to study law. The Treasurer advised of the release of the public statement respecting the arrest and detention of lawyers in Turkey. The Treasurer spoke to his access to justice initiative and proposed next steps to integrate access to justice in the Law Society’s core business and operational planning. The Treasurer welcomed The Honourable Mr. Justice Thomas Albert Cromwell of the Supreme Court of Canada, Morris Chochla, president of the Ontario Bar Association, Bâtonnier 3 9 Convocation - Consent Agenda - Motion Gérald R. Tremblay, President of the Federation of Law Societies of Canada, and Jonathan Herman, Chief Executive Officer of the Federation of Law Societies of Canada to Convocation. The Treasurer thanked Mr. Chochla for his support during his term. The Treasurer advised that the Attorney General, The Honourable John Gerretsen, will join Convocation for lunch. MOTION – ELECTION OF BENCHER It was moved by Mr. Anand, seconded by Ms. MacLean, that, – WHEREAS Wendy Matheson, who was elected from the Province of Ontario “A” Electoral Region (City of Toronto) on the basis of votes cast by all electors, has been appointed a judge of the Superior Court of Justice of Ontario; and WHEREAS upon being appointed a judge of the Superior Court of Justice of Ontario, Wendy Matheson became unable to continue in office as a bencher, thereby creating a vacancy in the office of bencher elected from the Province of Ontario “A” Electoral Region (City of Toronto) on the basis of votes cast by all electors; THAT under the authority contained in By-Law 3, Avvy Yao-Yao Go, having satisfied the requirements contained in subsections 43 (1) and 45 (1) of the By-Law, and having consented to the election in accordance with subsection 45 (2) of the By-Law, be elected by Convocation to fill the vacancy in the office of bencher elected from the Province of Ontario “A” Electoral Region (City of Toronto) on the basis of votes cast by all electors. Carried DRAFT MINUTES OF CONVOCATION The draft minutes of Convocation of May 30 and Special Convocation of June 13, 2013 were confirmed. Morris Chochla, president of the Ontario Bar Association, addressed Convocation. MOTION – APPOINTMENTS It was moved by Mr. Sandler, seconded by Mr. Dray, that, – – Avvy Go be appointed to the Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones. – Howard Goldblatt be appointed as Vice Chair of the Challenges Faced By Racialized Licensees Working Group. – Jacqueline Horvat be appointed to the Priority Planning Committee. 4 10 Convocation - Consent Agenda - Motion – Barbara Murchie be appointed to the Access to Justice Committee. – the attached list of appointments under Schedule A be approved. SCHEDULE A COMMITTEE, WORKING GROUP AND EXTERNAL/OTHER APPOINTMENTS June 27, 2013 COMMITTEES Audit & Finance Christopher Bredt (Co-Chair) Carol Hartman (Co-Chair) John Callaghan (Vice-Chair) Cathy Corsetti Adriana Doyle Susan Elliott Seymour Epstein Janet Leiper James Scarfone Alan Silverstein Catherine Strosberg Robert Wadden Peter Wardle Government Relations William McDowell (Chair) John Callaghan (Vice-Chair) Marion Boyd Susan Elliott Michelle Haigh Carol Hartman Jacqueline Horvat Susan McGrath Barbara Murchie Julian Porter Linda Rothstein James Scarfone Catherine Strosberg Joseph Sullivan 5 11 Convocation - Consent Agenda - Motion Inter-Jurisdictional Mobility Jacqueline Horvat (Chair) Ross Earnshaw William McDowell Malcolm Mercer Janet Minor Joseph Sullivan Peter Wardle Litigation Peter Wardle (Chair) Jack Braithwaite John Callaghan John Campion Michelle Haigh Jennifer Halajian Michael Lerner William McDowell Julian Porter Linda Rothstein Paul Schabas Harvey Strosberg Beth Symes Proceedings Authorization Paul Schabas (Chair) Michelle Haigh Linda Rothstein Gerald Sheff Alan Silverstein Peter Wardle 6 12 Convocation - Consent Agenda - Motion Professional Development and Competence Janet Minor (Chair) Jacqueline Horvat (Vice-Chair) Barbara Murchie (Vice-Chair) Alan Silverstein (Vice-Chair) Raj Anand Jack Braithwaite Robert Burd Mary Louise Dickson Adriana Doyle Ross Earnshaw Larry Eustace Howard Goldblatt Vern Krishna Michael Lerner Dow Marmur Judith Potter Nicholas Pustina Jack Rabinovitch Joseph Sullivan Gerald Swaye Robert Wadden Bradley Wright Professional Regulation Malcolm Mercer (Chair) Paul Schabas (Vice-Chair) John Callaghan Robert Evans Julian Falconer Janet Leiper William McDowell Kenneth Mitchell Ross Murray Jan Richardson Susan Richer Linda Rothstein Peter Wardle 7 13 Convocation - Consent Agenda - Motion WORKING GROUPS Alternative Business Structures Susan McGrath (Co-Chair) Malcolm Mercer (Co-Chair) Constance Backhouse Marion Boyd Susan Elliott Jacqueline Horvat Kenneth Mitchell James Scarfone Alan Silverstein Peter Wardle Retention of Women Barbara Murchie (Co-Chair) Laurie Pawlitza (Co-Chair) Kirby Chown Janet Minor Megan Shortread Bradley Smith EXTERNAL/OTHER APPOINTMENTS Ontario Bar Association Council (for a one year term) Susan McGrath (Treasurer’s Nominee) Jacqueline Horvat Malcolm Mercer Carried REPORT OF THE DIRECTOR OF PROFESSIONAL DEVELOPMENT AND COMPETENCE It was moved by Ms. Minor, seconded by Ms. Murchie, that the Report of the Director of Professional Development and Competence listing the names of the call to the bar candidates be adopted. Carried INTER-JURISDICTIONAL MOBILITY COMMITTEE REPORT Ms. Minor presented the Report. Re: National Mobility Agreement 2013 (Insurance Amendments) It was moved by Ms. Minor, seconded by Ms. Horvat, that Convocation approve the amended National Mobility Agreement 2013 set out at Tab 5.1.2 of the Report and authorize the 8 14 Convocation - Consent Agenda - Motion Treasurer or his designate to execute the Agreement on behalf of the Law Society of Upper Canada. Carried Unanimously Bâtonnier Gérald Tremblay, President of the Federation of Law Societies of Canada, addressed Convocation. BENCHER ELECTION WORKING GROUP REPORT Ms. Leiper presented the Report. Re: Proposed Reforms to the Bencher Election Process It was moved by Ms. Leiper, seconded by Mr. Scarfone, that Convocation approve the following recommendations: That Convocation approve a reduction in the number of nominators required for a bencher candidate from at least ten to at least five nominators. That Convocation approve a requirement that a candidate’s biographical information submitted with the nomination form include an e-mail address for the candidate. That Convocation approve a reduction in the maximum number of words in a candidate’s election statement from 700 words to 350 words. That Convocation approve changes in the following dates: a. the date for the qualification of electors as eligible voters in the election (freezing of