BARE BONES BRIEFS: Remote defendants show up bathing and half-naked; OCA provides guidance on limitation defence in allowing negligence claims against Robins Appleby to proceed; Langlois chair inducted into ACTL; Dellelce family donates $5 million to University of Ottawa's Faculty of Law; Top 5 law firm bulletins & webinars

By Julius Melnitzer | June 24, 2022

UK COURTS FED UP WITH REMOTE SHENANIGANS

A UK Magistrates Association report concludes that 76 percent of magistrates oppose continued remote hearings. Defendants appearing remotely, respondents said, appeared to take the process less seriously, as evidenced by their “appearing while in the bath, being half naked, smoking and treating the process like social media”. According to the UK Law Society Gazette, the report concluded that audio and video links negatively impact communications and participation, particularly for vulnerable court users.

OCA: ALLEGATIONS ALONE DO NOT START LIMITATION PERIODS IN SOLICITORS’ NEGLIGENCE CASES

The Ontario Court of Appeal has allowed Georgian Properties Corporation’s lawsuit against Toronto law firm Robins Appleby LLP to proceed. Georgian alleges that Leor Margulies, head of Robins’ real estate group, and Anthony Romanelli, now a partner at Bratty LLP in Vaughan, ON, were negligent in preparing condo development documents. Superior Court Justice Grant Dow initially dismissed the claim, ruling that the limitation period had run.

In allowing the appeal from Dow’s judgment, the Court of Appeal made two key points. The first was that whether damage has occurred in a solicitor’s negligence action “will not generally turn on compliance by third parties with their obligations under documents or instruments prepared by the solicitor”; rather, the issue called for an examination of “matters such as the validity and enforceability of the documents and instruments that were prepared”. The court also noted that “the mere fact that allegations are made in a proceeding that could trigger a claim for solicitor negligence if successful should not automatically signify that the [discoverability] requirements of the [Limitations] Act are met and that the party with the potential claim must immediately commence action against the solicitor(s)”.

LANGLOIS CHAIR NAMED ACTL FELLOW

The American College of Trial Lawyers has inducted Sophie Perreault, chair at Quebec firm Langlois Lawyers, LLP, as a Fellow. Her induction is the first of a Canadian woman who practises commercial litigation mainly in French.

DELLELCE MAKES TRANFORMATIONAL GIFT TO OTTAWA LAW FACULTY

Toronto securities lawyer Perry Dellelce, co-founder and managing partner of corporate finance boutique Wildeboer Dellelce, and his family have donated $5 million to the University of Ottawa’s Faculty of Law Common Law Section. The Susan, Perry, Taylor and Nicholas Dellelce Legacy Fund will seed the renovation of Fauteux Hall, the school’s home, and endow future deans’ priorities in perpetuity. In recognition, the deanship, the first to be titled in Canada, is now called the Susan & Perry Dellelce Dean.

TOP LAW FIRM BULLETINS

Agriculture & Food: MLT Aikins, Agriculture and Food 2021 Year in Review

Class Actions: Goodmans, Class Action Lawsuit Highlights Importance of Legal Wrappers for Decentralized Autonomous Organizations

Employment Law: McMillan, Remote Working Arrangements: Tax Planning & Pitfalls

Franchising: Cassels Brock: Bill 96, Québec’s French Language Law, Has Passed – – – Here’s What it Means for Your Franchise Business

Privacy: McCarthy Tétrault, 2021/2022 Cyber/Data Outlook: Ransomware Attacks: Strategies for Preparation and Mitigation

TOP LAW FIRM WEBINARS

Employment Law: McMillan, Legislative Amendments Affecting Québec’s Employers

Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.