Category Archives: Ethics and the Legal Profession

Law Society of Alberta Responds on TWU Law School Issue

By: Jennifer Koshan

PDF Version: Law Society of Alberta Responds on TWU Law School Issue

Back in February we posted a letter sent by signatories from the University of Calgary and University of Alberta law schools to the Law Society of Alberta concerning the process for approval of Trinity Western University (TWU)’s proposed new law school and the admission of TWU graduates as students at law in Alberta. We asked the Law Society to reconsider its delegation of decision making power to the Federation of Law Societies, or in the alternative, to work together with other Canadian law societies to consider amending the approval criteria to address the issues raised by TWU Law School and its Community Covenant. We received a response from Law Society of Alberta President Kevin Feth QC late last week. The letter:  Continue reading →

The More Things Change…. A Post-McKercher Conflicts Case

By: Alice Woolley

PDF Version: The More Things Change…. A Post-McKercher Conflicts Case

Case Commented on:  MTM Commercial Trust v Statesman Riverside Quays Ltd. 2014 ABQB 16

In his decision in MTM Commercial Trust v Statesman Riverside Quays Ltd. Justice Macleod determined whether Bennett Jones LLP could act for Matco Group, a client of many years, in a dispute with the Statesman Group, for whom Bennett Jones acted on a very limited retainer, and who had been advised that Bennett Jones would act for Matco in the event of a future dispute between the two clients.  Somewhat surprisingly, Justice Macleod held that Bennett Jones could not represent Matco.  In this comment I will suggest that this judgment supports the position I set out in an ABlawg post in 2011, that “in actual cases judges are less concerned with carefully articulating the applicable rules, and more concerned with reaching the right outcome on the facts, all things considered” (The Practice (not theory) of Conflicts of Interest; see also Conflicts of Interest and Good Judgment).

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U of C and U of A Law Profs’ Submission to the Law Society of Alberta on Trinity Western University Law School

By Jennifer Koshan, Jonnette Watson Hamilton and Alice Woolley

 PDF Version: U of C and U of A Law Profs’ Submission to the Law Society of Alberta on Trinity Western University Law School

Commented on: Letter from members of the Faculties of Law at U of C and U of A to the Law Society of Alberta

On January 28, 2014, over 30 law professors and members of affiliated institutes and centres from the University of Calgary and University of Alberta submitted a letter to the president and president-elect of the Law Society of Alberta.  The purpose of the letter was “to express our concerns on the decision making process taken to date for the approval of Trinity Western University School of Law’s program and the eligibility of TWU’s graduates to become students-at-law in Alberta.”  Trinity Western University (TWU) received approval from the British Columbia government on December 18, 2013 to open a law school. The school is anticipated to commence operations with its first class of 60 law students in September 2015. TWU is a private, Christian university which requires its students and staff to abide by a Community Covenant Agreement (available here). It is in this context that these concerned legal academics submitted the following letter:

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The Supreme Court (sort of) Thinks About Lawyers as Advisors

By Alice Woolley

PDF Version: The Supreme Court (sort of) Thinks About Lawyers as Advisors

Case commented on: Wood v Schaeffer, 2013 SCC 71

When police officers in Ontario kill or injure someone in the course of their duties, the Special Investigations Unit (SIU) investigates their conduct.  The government created the civilian SIU to avoid the problems – both real and perceived – in the investigation of police officers by police officers.  The creation of the SIU does not, however, eliminate the complexity of investigating alleged crimes by police.  The Supreme Court of Canada addressed one of these complexities in its recent decision in Wood v Schaeffer, 2013 SCC 71: how does a police officer’s regular duty to make notes during an investigation operate when the officer may him or herself become a subject of, or direct witness to, the matters investigated?  In particular, what opportunity ought a police officer have to consult counsel when preparing notes in those circumstances?

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The Top Ten Canadian Legal Ethics Stories – 2013

By Alice Woolley

PDF Version: The Top Ten Canadian Legal Ethics Stories – 2013

Once again John Steele at Legal Ethics Forum has compiled his list of the top ten ethics stories of 2013 (here).  As was the case last year, his list has inspired me to think about the top ten ethics stories in Canada (2012 is here).  On reviewing last year’s list it is clear that a number of the stories of significance in 2012 remained important this year.  As well, legal ethics in Canada continues to develop as a matter of practical and intellectual significance, with practitioners, judges, regulators and academics paying attention to the conduct and regulation of lawyers and judges. 

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