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May 2016 Convocation



Law Society to move forward with proactive entity regulation

Convocation approved the development of detailed options for a compliance-based regulatory framework, as recommended by the Task Force on Compliance-Based Entity Regulation. The options will be the subject of focused consultation with lawyers and paralegals. Convocation also approved the Task Force’s recommendation to seek authority to regulate entities through amendments to the Law Society Act.  The recommendations are based on the Task Force’s study of the experience in other jurisdictions, its review of related research and comments received from lawyers, paralegals and legal organizations in response to a call for input.  Full report.

Lawyer and paralegal conduct rules amended

Convocation amended the lawyers’ and paralegals’ conduct rules regarding the following:

  • Transactions with Clients: The amendments ensure the rules on conflicts of interest in circumstances where licensees engage in transactions with clients are clear, consistent, and logical and able to provide appropriate guidance to the professions.
  • Duty to Report: The amendments clarify when the duty to report a licensee to the Law Society arises. They also revise the rules’ approach to the issue of the duty to report to the Law Society a concern about another licensee’s capacity to provide professional services.
  • Errors and Omissions: The amendments clarify the rules regarding the relationship between a licensee’s ethical duties and a licensee’s obligations under mandatory liability insurance contracts. The amendments also make it clear that a licensee’s ethical duty to notify their insurer of a potential claim may arise regardless of whether the licensee believes the claim has merit.

The amended rules reflect changes made to the Federation of Law Societies of Canada’s Model Code of Professional ConductFull report – Lawyer rulesFull report - Paralegal rules.

Human Rights Monitoring Group Interventions approved

Interventions in the following cases were approved by Convocation:

  • Lawyer Alldo Fellix Januardy – Indonesia
  • Lawyer Ni Yulan – China

Full report.

Update on proposed enhancements to the lawyer licensing process

Proposed enhancements to the Lawyer Licensing Process were reported for information by the Professional Development and Competence Committee to April Convocation with the intent of obtaining input from the profession.

The proposal was part of the Law Society’s strategic priority to enhance licensing standards to ensure new lawyers are competent to meet and surpass the expectations of future law practice.

The Committee, having benefitted from the input received to date, has decided to address and respond to concerns raised, as appropriate, and to continue to receive and assess any additional input over the coming months. Accordingly, the Committee plans to consider these enhancements in conjunction with its assessment of the Pathways Pilot Project, in the fall of 2016.

As a result, the licensing process changes that were discussed in the April report to Convocation will not be implemented for the 2017-18 licensing year.

 Nominations for Law Society Treasurer

The following benchers have been nominated for the office of Treasurer:

  • Raj Anand
  • Howard Goldblatt
  • Susan McGrath
  • Paul Schabas

The Treasurer is elected through secret ballot by the benchers of the Law Society. The election will take place at Convocation on June 23, 2016. The newly elected Treasurer will succeed Treasurer Janet E. Minor, who was first elected in June, 2014.

2016 Honorary LLD recipients announced

Four distinguished individuals will be receiving the degree of Doctor of Laws, honoris causa (LLD) at this year’s Call to the Bar ceremonies. The recipients are Mark M. Persaud, Her Excellency Mary Robinson, Richard W. Pound, C.C., O.Q., Q.C. and David Lepofsky.


The following benchers were reappointed to the Proceedings Authorization Committee: Paul Schabas, Chair; Jacqueline Horvat; Brian Lawrie; Jeffrey Lem; Jonathan Rosenthal and Gerald Sheff.

The following were reappointed to the Hearing Division of the Law Society Tribunal: Bencher Marian Lippa; Eva Krangle; Sabita Maraj; John F. Spekkens; Marilyn Thain and Eric Whist.




Public Transcript


Treasurer’s Remarks

Consent Agenda - Motion

  • Confirmation of Draft Minutes of Convocation – April 28, 2016
  • Motions – Committee Appointments
  • Motions – Tribunal Appointments
  • Report of the Director of Professional Development and Competence - Deemed Call Candidates
Report of the Task Force on Compliance-Based Entity Regulation

Professional Regulation Committee Report

  •  Proposed Amendments to the Rules of Professional Conduct
For Information
  • Professional Regulation Division Quarterly Report January to March 2016
Paralegal Standing Committee Report
  • Proposed Amendments to the Parale
  • Legal Rules of Professional Conduct
For Information
  • Update on Enhancements to Licensing Process

 Address by Claudia P. Prémont, bâtonnière du Québec


Audit & Finance Committee Report

  • Updated Investment Policy
  • Retention of the Portfolio Manager
  • Retention of the Investment Custodian 

For Information

  • Report on Investment Returns
  • Law Society of Upper Canada Financial Statements for the three months ended March 31, 2016
  • Investment Compliance Reporting for the period ending March 31, 2016
Equity and Aboriginal Issues Committee/Comité sur l’équité et les affaires autochtones Report
  • In Camera Item
  • Human Rights Monitoring Group Request for Interventions
For Information
  • Statistical Snapshots of the Professions
  • Equity Legal Education and Rule of Law Series Calendar 2016

Tribunal Committee Report

  • Law Society Tribunal 2015 Annual Report
  • Tribunal 2016 First Quarter Statistics

Federation of Law Societies of Canada Update


Report from The Action Group on Access to Justice (TAG)

Terms or Concepts Explained