“The trial was like a physical deformity…”

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By Melanie Hodges Neufeld

The Hearing Clinic (Niagara Falls) Inc. v. 866073 Ontario Limited, 2014 ONSC 5831

This case is a hefty read at 326 pages, but is so chock-full of gems that it is worth it. I had a difficult time picking a few examples to share. Reading the Table of Contents alone should give you a chuckle. Here are the first few paragraphs to give you a taste:

[1] Leave an untruthful man in the witness box long enough and he will reveal himself to the world. Here ends the lesson, but not the story.

[2] The story concerns the 2006 purchase and sale of a business – specifically, a hearing clinic. How difficult could that be? Two experienced multiple-clinic owners, each represented by a lawyer and with the almost-daily (sometimes hourly) assistance of chartered accountants, put together a transaction with more loose ends than a badly knit sweater.

[3] I have found it impossible to articulate a helpful overview of this trial. Sitting atop the evidence here is like scaling a very, very high mountain only to find that, when one reaches the summit, one is too far from everything to see anything. The best that I can do is say that the core of the case is the allegation that the individual defendants and their accountant knowingly made fraudulent misrepresentations and withheld information, such that the plaintiff overpaid for the hearing clinic. General damages are sought. It is further alleged that the defendants intentionally committed certain acts (said to be acts of bad faith and improper conduct bordering upon fraud) that impeded the transfer of assets, 2014 ONSC 5831 (CanLII)4 The Hearing Clinic (Niagara Falls) Inc. v. 866073 Ontario Limited, et al. constituting breach of contract, and thereby caused the plaintiff to suffer specific financial losses.

Book Review – Issues in Civilian Oversight of Policing in Canada

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By Sarah Roussel-Lewis

BkRevCivilianOversight

Issues in Civilian Oversight of Policing in Canada
By Ian D. Scott
Toronto: Carswell, 2013
357 pp

 

The hot topic in recent years has been police involvement in public high-profile events, as there always seem to be a negative outcome. The public is becoming more critical than ever of their authority figures and demanding more transparency from organizations. Ian D. Scott, a former director of Ontario’s Special Investigations Unit, gathered several contributors from the legal/police community to create an essential textbook on police oversight issues in Canada.

From their website:

“The book contains the collected works of the editor and ten contributors, all leaders in this area, on issues of civilian oversight of policing in Canada. It provides both an overview of police oversight agencies in all provinces, as well as the RCMP and military complaints system, and discussions on specific topics such as the 2010 G20 Summit in Toronto, other legal mechanisms of accountability of police use of force, litigation as a vehicle for police reform, off-duty police misconduct, political regulation of the police, and original research on the criteria for independence in civilian led investigations of the police.”

Of particular interest, as it is the most recent event, is Chapter 7 “Civilian Oversight and the 2010 G20 summit in Toronto”. Nathalie Des Rosiers and Graeme Norton lay out a thought provoking essay about the accountability of the ordeal. The resulting challenges brought to light the weakness of policing in Ontario, and of Canada. They conclude that although this issue requires more scrutiny, there are many other instances of policing failures that go unnoticed in Canada.

Lawyers and members of the public looking to read essays on the issue of policing oversight should stop by and check out this textbook. Call number: BJ 1533 .S34 2013 R. As we have often had requests to expand our selection of material on policing, we would appreciate any suggestions for the library in the comments.

 

In the Legal Sourcery book review, new, thought-provoking, and notable library resources are reviewed. If you would like to read any of the resources reviewed, please contact our library at reference@lawsociety.sk.ca or (306) 569-8020. Let us know if there is a book you would like reviewed.

 

We’re Picking Up Steam!

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By Melanie Hodges Neufeld

Legal Sourcery hit another milestone today – 30,000 hits! Our readership is steadily increasing as it took us 6 months to reach 20,000 but only a month and a half to add another 10,000. We anticipate reaching over 40,000 hits by the end of the year and hope to surpass 50,000 by our one year anniversary in March. Please keep visiting our blog. We promise to continue to deliver our popular tips on legal research and grammar, and a few posts just to make you smile.

The Telltale Spine: What Book Titles Say About the Legal Profession

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By Sarah Roussel-Lewis and Ken Fox

Saskatchewan Library Week is a yearly event to promote libraries and their impact in Saskatchewan. This event has been around since 1975 and is celebrated in libraries across the province.

This year Saskatchewan Library Week has put out a contest for Book Spine Poetry. At the Law Society of Saskatchewan Library we greeted this challenge with excitement and immediately began thinking of ways to make law textbooks into poetry. Creativity ran wild, and after filling a truckload with books to be reshelved, we came up with a few excellent pieces.

Take a look at some of our results below and vote for which one we should submit. Do you like Hunger, Horses, and Government Men (a Western-movie-like scene from a battle on the open plains toward civilization restored – but then ends in a bloodbath); or The Lawyer’s Winning Edge (which begins with an affirmation, but then the curtain is pulled back and harsh reality asserts itself); or perhaps Life Expectancy in Court (a scary picture of the court system); or plain and simple Prairie Liberalism (dark with stark irony)?  Take your pick.  Read the rest of this entry »

Time is Running Out, Sign Up Today!

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By Melanie Hodges Neufeld

On October 29, I will be presenting a lunchtime webinar on Legal Research Ethics:

This is a one (1.0) hour webinar being held Wednesday, October 29, 2014 from 12:00 noon to 1:00 p.m. (Saskatchewan time).

This webinar will focus on recent case law concerning ethical legal research issues such as legal research costs, research abilities and a lawyer’s professional competence, and adverse authority obligations. The webinar will also focus on how these issues are impacted by changing technology. More specifically, whether computerized legal research is necessary to meet the expectations of the Code of Professional Conduct, and the issue of costs for electronic research disbursement fees.

This webinar will be presented by Melanie Hodges Neufeld, Director of Legal Resources at the Law Society of Saskatchewan.  Melanie is responsible for administration of the traditional library, as well as developing and recommending a strategic plan for the management of legal information within the Law Society and the province.  Melanie is a lawyer with a background in administrative law and policy development.  She also recently completed her Master of Laws from the University of Saskatchewan in the area of restorative Justice.

This webinar qualifies for one (1.0) CPD hour, all of which qualifies as Ethics under the Law Society’s CPD Policy.

For more details are available on the Law Society CPD website.  Once you have completed the online registration form you are required to provide payment in advance of the webinar to the Law Society via cheque or credit card.  After payment has been made, your registration will be complete.

For up-to-date information on educational programming and events visit the Continuing Professional Development website.

One Week Until Halloween! Legal Inspired Costumes

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cavemanBy Melanie Hodges Neufeld

For those of you who are still undecided about this year’s Halloween costume, here are a few legal-inspired ideas: