Author: Alice Woolley Page 11 of 20

LL.M. (Yale), LL.B. (Toronto), B.A. (Toronto).
Professor. Member of the Alberta Bar.
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Problem solved? Assessing the Supreme Court’s Latest Statement on the Law Governing Conflicts of Interest

By Alice Woolley

On August 2, 2013

In Ethics and the Legal Profession

PDF version: Problem solved? Assessing the Supreme Court’s Latest Statement on the Law Governing Conflicts of Interest

Case commented on: Canadian National Railway Co v McKercher LLP, 2013 SCC 39.

On July 5 2013 the Supreme Court issued its much anticipated judgment in Canadian National Railway v McKercher LLP. The case invited the Court to reconsider its “bright line” rule for current client conflicts, as previously set out by the Court in R v Neil, 2002 SCC 70. The bright line rule provides that, absent client consent, a “lawyer may not represent one client whose interests are directly adverse to the immediate interests of another current client – even if the two mandates are unrelated” (Neil at para 29, emphasis in original).

Consequences of being an OPCA Litigant?

By Alice Woolley

On May 10, 2013

In Civil Procedure, Vexatious Litigants

PDF version: Consequences of being an OPCA Litigant?

Case commented on: ANB v Hancock, 2013 ABQB 97.

ANB v Hancock is Associate Chief Justice John D. Rooke’s second written judgment about an Organized Pseudolegal Commercial Argument (OPCA) litigant. As summarized by Justice Rooke in ANB (at para 15), “OPCA concepts are legally incorrect schemes marketed and promoted by a collection of conmen [“OPCA gurus”] that claim to allow a person to avoid or impose legal obligation outside of recognized legal processes.” These concepts and schemes are all associated with OPCA indicia, which are “unusual motifs that are unique to or strongly associated with OPCA concepts and schemes” (at para 16). ANB builds upon Justice Rooke’s ground-breaking decision in Meads v Meads, 2012 ABQB 571. Like Meads, ANB arose in the family law context, although Meads arose out of a divorce and matrimonial property action commenced by Mrs. Meads, and ANB arose from the seizure of A.N.B.’s two children by Alberta Family Services and a subsequent order granting permanent guardianship of the children to the province. ANB both applies and extends Meads. It applies it by following through on some principles set out in Meads, including the provision of an explanation of court costs, characterized in Meads (at paras 637-638) as “a crucial aspect in the ‘limited duty’ a judge owes to these self?represented litigants.” It extends Meads by allowing Crown counsel to hide their identities in the face of conduct by A.N.B. which is the subject of criminal charges.

Independence of the Bar and the Prevention of Money-Laundering

By Alice Woolley

On May 8, 2013

In Constitutional, Ethics and the Legal Profession

PDF version: Independence of the Bar and the Prevention of Money-Laundering

Case considered: Federation of Law Societies of Canada v Canada (Attorney General) 2013 BCCA 147.

Introduction

On April 4, 2013 the British Columbia Court of Appeal issued its decision in Federation of Law Societies of Canada v Canada (Attorney General), 2013 BCCA 147 which upheld the earlier decision of a chambers judge that aspects of Canada’s money-laundering legislation violate section 7 of the Charter of Rights and Freedoms and cannot be saved under section 1.

What has Meads v Meads wrought?

By Alice Woolley

On April 8, 2013

In Civil Procedure, Ethics and the Legal Profession, Vexatious Litigants

PDF version: What has Meads v Meads wrought?

Cases commented on: R v Duncan, 2013 ONCJ 160 (CanLII); R v Tyskerud, 2013 BCPC 27 (CanLII); Cassa v The Queen, 2013 TCC 43 (CanLII); R v Martin, 2012 NSPC 115 (CanLII); R v Lavin, 2013 ONCJ 6 (QL); Scotia Mortgage Corporation v Gutierrez, 2012 ABQB 683 (CanLII); Stancer (Re), 2012 BCSC 1533 (CanLII); Grattan (Re), 2012 NBQB 332, [2012] NBJ No 353 (QL).

I. Introduction

Associate Chief Justice John D. Rooke’s decision in Meads v Meads, 2012 ABQB 571 (CanLII) — one of CanLII’s Top Ten Cases of 2012 — established a category of vexatious litigants that he called “Organized Pseudolegal Commercial Argument” (OPCA) litigants. OPCA litigants “employ a collection of techniques and arguments promoted and sold by ‘gurus’ … to disrupt court operations and to attempt to frustrate the legal rights of governments, corporations, and individuals” (Meads at para 1). Although those techniques and arguments are varied, the essence of the OPCA litigants’ position is that they deny the authority of the state and the courts. Both of us have commented on the Meads case previously on ABlawg: see “The Organized Pseudolegal Commercial Argument (OPCA) Litigant Case” and “The Top Ten Canadian Legal Ethics Stories – 2012”. What we want to look at in this post is the use that has been made of Meads in the intervening six months. We will also consider the extent to which OPCA and similar litigants may influence judges to embrace styles of judgment that are disrespectful of the parties appearing before them. The post will touch on the ethical problems created when judges embrace “literary flourishes” and “dry wit” in their decisions (Katie Daubs, “Legal Decision with literary flourish and dry wit making the round…” Toronto Star, March 29, 2013).

Represented Adults and Solicitor-Client Privilege

By Alice Woolley

On January 31, 2013

In Uncategorized

PDF version: Represented Adults and Solicitor-Client Privilege

Case considered: Wayne v Wayne, 2012 ABQB 763.

The Adult Guardianship and Trusteeship Act, SA 2008, c A-4.2 (AGTA), applies to persons over the age of 18 who are unable to make personal or financial decisions for themselves, a person the statute calls a “represented adult.” There has not been much judicial consideration of the statute which came into force on October 30, 2009; there appears to be fewer than a dozen cases interpreting only a relatively small number of the statute’s provisions. That is one reason why Wayne v Wayne is of interest. Another reason is that the issue in Wayne v Wayne is intrinsically interesting, at least to the legal profession, because it is about the ability of a trustee appointed to manage the financial affairs of a represented adult to gain access to information otherwise protected by solicitor-client privilege from the file of a represented adult to whom a lawyer gave legal advice.