September 2001

September 28, 2001

New Bencher Elected
September's Convocation began with the election of new Bencher Avvy Go.

Eleanore Cronk's appointment to the Ontario Court of Appeal left a vacancy in the office of Regional Bencher for the City of Toronto.

Earl Cherniak, Q.C. was elected by Convocation as Regional Bencher for the City of Toronto. Ms. Go was elected by Convocation to fill the vacancy left by Mr. Cherniak's election as Regional Bencher.

LPIC Base Premium to Decrease
Lawyers will see a $100 reduction in the base premium for liability insurance to $2,700 per lawyer in 2002, as recommended by the Lawyers' Professional Indemnity Company. Convocation approved this recommendation and others tabled at Friday's meeting as part of the LPIC Report .

Rules Amended to Accommodate Professional Corporations
Convocation approved changes to the Rules of Professional Conduct to accommodate legislative amendments to the Ontario Business Corporations Act that permit certain professions to practice in corporate form. The changes to the Rules will come into effect when the legislation is proclaimed in force.

Rule 3.02 - Law Firm Name was amended to mirror the requirement in the amendments to the Business Corporations Act that a corporation carrying on the practice of law must include the words 'Professional Corporation' in its name. The following was added to the Rule:

Professional Corporation
(9) If a lawyer practices law through a professional corporation, the name of the corporation shall include the words "Professional Corporation".

In addition, a new clause was added to Rule 3.03 (1)- Letterhead:

Subject to subrules (2) and (3), a lawyer's letterhead and the signs identifying the office may only include
(i) the words "Professional Corporation", where applicable;

The above change required the re-designation of existing clauses (i), (j), (k), (l) and (m) as (j), (k), (l), (m) and (n) respectively.

A copy of the revised Rule will be availableby October 5.

Professional Regulation Committee Report

Professional Corporation Fees set Under By-law 34
Convocation set three different fees for matters relating to practice as a professional corporation:

(a) $250 for the application fee to the Society for a certificate of authorization
(b) $75 for the renewal fee for the certificate of authorization
(c) $25 for replacement of the certificate of authorization as a result of correction or loss or destruction.

The fees were set under By-law 34 which Convocation made on May 24, 2001 to permit lawyers to incorporate for the practice of law. The By-Law followed legislative amendments to the Ontario Business Corporations Act that permitted certain professions to practise in corporate form. The By-Law will come into effect when the legislation that permits lawyers to form such corporations is proclaimed in force.

Professional Regulation Committee Report

Requalification Program Substantially Revised
Convocation gave the Law Society the go ahead to begin drafting guidelines for a new program, called the Private Practice Refresher Program, that will require lawyers who have not been in private practice for five years or more to undergo a refresher program prior to entering private practice.

Professional Development and Competence Committee Report .

Highlights of the Annual Meeting of the Federation of Law Societies of Canada
The topic of lawyer mobility in Canada dominated the agenda of the recent meeting of the Federation of Law Societies. The law societies unanimously adopted a resolution to establish a Mobility Task Force to examine full mobility rights and conditions for lawyers and Quebec notaries in Canada. The Treasurer, Vern Krishna, was appointed chair of the task force.

This information along with other highlights was presented to Convocation at the September meeting.

More information on this issue as well as other issues discussed at the meeting is available in the Report presented to Convocation.

The Federation of Law Societies of Canada annual meeting was held in Saskatoon from August 16 - 19, 2001.

Report on the Annual Meeting of the Federation of Law Societies of Canada

Committee and CNE Association Appointments
Convocation approved the following appointments:

  • Earl Cherniak was appointed Chair of the Professional Development & Competence Committee
  • William Simpson was appointed a Vice-Chair of the Professional Development & Competence Committee
  • Avvy Go and Roger Yachetti were appointed as members to the Professional Regulation Committee
  • Harvey Strosberg and Robert Topp were appointed as members to the Finance & Audit Committee
  • George Hunter was appointed as a member to the Access to Justice Committee
  • Donald Lamont will continue as the Law Society's representative on the Canadian National Exhibition Association
  • Julian Porter was appointed as a representative to the Ontario Judicial Council.

Treasurer Expresses Sympathy to American Bar Association
Treasurer Vern Krishna expressed his sympathy on behalf of the Law Society, in the wake of the events of September 11, in a letter to Robert E. Hirshon, President of the American Bar Association.