IN PUBLIC. THAT Glenn Hainey be removed from the Human Rights Monitoring Group at his request.

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1 MINUTES OF CONVOCATION Thursday, 27 th November, :00 a.m. PRESENT: The Treasurer (W.A. Derry Millar), Aaron, Anand, Backhouse (by telephone), Banack, Boyd, Braithwaite, Bredt, Campion, Caskey, Chahbar, Chilcott, Conway, Crowe, Daud (by telephone), Dickson, Dray, Elliott, Epstein, Go, Gold, Hainey, Halajian, Hare, Hartman, Heintzman, Henderson, Krishna, Lawrie, Legge, Lewis, McGrath, Marmur, Minor, Murphy, Murray, Pawlitza, Potter, Pustina, Rabinovitch, Robins, Ross, Rothstein, St. Lewis, Sandler, Schabas, Sikand, Silverstein, Simpson, C. Strosberg, Swaye, Symes and Wright. Secretary: Katherine Corrick The Reporter was sworn. IN PUBLIC. TREASURER S REMARKS The Treasurer and benchers extended congratulations to Professor Krishna who was awarded the Inaugural Lifetime Achievement Award by the South Asian Bar Association in recognition of his outstanding contributions to the legal profession. Congratulations were also extended to Avvy Go and William Simpson. Ms. Go is being awarded the William P. Hubbard Award for Race Relations at the 2008 Access, Equity and Human Rights Awards on November 27. On December 5, Mr. Simpson will receive the Ontario Bar Association s Award for Distinguished Service. MOTION It was moved by Mr. Anand, seconded by Ms. Dickson, THAT Glenn Hainey be removed from the Human Rights Monitoring Group at his request. THAT Mark Sandler be removed from the Equity and Aboriginal Issues Committee at his request.

2 REPORT OF THE DIRECTOR OF PROFESSIONAL DEVELOPMENT AND COMPETENCE It was moved by Ms. Pawlitza, seconded by Ms. Dickson, that the Report of the Director of Professional Development and Competence listing the names of the deemed Call to the Bar candidates be adopted. DRAFT MINUTES OF CONVOCATION The Draft Minutes of Convocation of October 30, 2008 were confirmed. FINANCE COMMITTEE REPORT Ms. Hartman presented the Report. Re: 2009 LibraryCo Inc. Budget It was moved by Ms. Hartman, seconded by Mr. Conway, that Convocation approve the 2009 LibraryCo Inc. budget for incorporation into the 2009 Law Society annual fee for lawyers. Re: 2009 Budget It was moved by Ms. Hartman, seconded by Mr. Dray, that Convocation approve the 2009 Law Society budget including: a) for lawyers, the amount of the annual fee of $1,703 comprising: 2009 General Fee $1,212 Compensation Fund 226 LibraryCo 220 Capital 45 Total $1,703 b) for paralegals, the amount of the annual fee of $900 comprising: 2009 General Fee $710 Compensation Fund 145 LibraryCo 0 Capital 45 Total $900 2

3 Re: J. S. Denison Trust Fund Grant Application (in camera) It was moved by Ms. Hartman, seconded by Mr. Wright that Convocation approve a $2,500 grant from the J.S. Denison Trust Fund to Applicant , $6,000 to Applicant and $l,000 to Applicant LICENSING & ACCREDITATION TASK FORCE REPORT Professor Krishna presented the Report. It was moved by Professor Krishna, seconded by Ms. Pawlitza, that Convocation approve providing to the Federation of Law Societies of Canada Task Force on the Approved Law Degree the proposed Law Society submission provided under separate cover. ROLL-CALL VOTE Aaron Against Krishna For Anand For Lawrie Abstain Backhouse Against Legge Abstain Boyd For Lewis For Braithwaite Against McGrath For Bredt For Marmur For Campion Abstain Minor For Caskey For Pawlitza For Chahbar For Potter For Chilcott For Pustina For Conway For Rabinovitch For Crowe For Robins For Daud For Ross For Dickson For Rothstein For Dray For St. Lewis For Elliott For Sandler For Epstein For Schabas For Go For Sikand For Hainey For Silverstein Against Halajian For Simpson For Hare For C. Strosberg For Hartman For Swaye For Heintzman For Symes For Henderson For Wright Abstain Vote: 40 For; 4 Against; 4 Abstentions 3

4 PARALEGAL STANDING COMMITTEE REPORT Mr. Dray presented the Report. Re: Delegation of Mediations at FSCO (Amendment to By-Law 7.1) It was moved by Mr. Dray, seconded by Ms. McGrath, that By-Law 7.1 be amended to provide that lawyers handling claims that involve catastrophic impairment at the Financial Services Commission of Ontario ( FSCO ) be permitted to delegate the mediation of subsidiary issues to licensed paralegals employed by their firm. Re: Revised Wording of Rule 8 of Paralegal Rules of Conduct (Advertising and Marketing) It was moved by Mr. Dray, seconded by Ms. McGrath, that Convocation approve the revised version of Rule 8 at Appendix 2. Rule 8 (Advertising and Marketing) Rule 8 Practice Management Making Legal Services Available 8.02 (1) A paralegal shall make legal services available to the public in an efficient and convenient way. Restrictions (2) In offering legal services, a paralegal shall not use means (a) (b) (c) (d) (e) that are false or misleading, that amount to coercion, duress or harassment, that take advantage of a person who is vulnerable or who has suffered a traumatic experience and has not yet had a chance to recover, that are intended to influence a person who has retained another paralegal or a lawyer for a particular matter to change his or her representative for that matter, unless the change is initiated by the person or the other representative, or that otherwise bring the paralegal profession or the administration of justice into disrepute. (3) A paralegal shall not advertise services that are beyond the permissible scope of practice of a paralegal. 4

5 Marketing 8.03 (1) In this Rule, "marketing" includes advertisements and other similar communications in various media as well as firm names (including trade names), letterhead, business cards and logos. (2) A paralegal may market legal services if the marketing (a) (b) (c) is demonstrably true, accurate and verifiable, is neither misleading, confusing, or deceptive, nor likely to mislead, confuse or deceive, and is in the best interests of the public and is consistent with a high standard of professionalism. Advertising of Fees (3) A paralegal may advertise fees charged by the paralegal for legal services if (a) (b) (c) the advertising is reasonably precise as to the services offered for each fee quoted, the advertising states whether other amounts, such as disbursements and taxes will be charged in addition to the fee, and the paralegal adheres to the advertised fee. Items for Information 2009 Paralegal Budget PROFESSIONAL DEVELOPMENT AND COMPETENCE COMMITTEE REPORT Ms. Pawlitza presented the Report. Re: Practice Management Review Program Selection Criteria It was moved by Ms. Pawlitza, seconded by Ms. Dickson, that Convocation approve the use of enhanced risk-based selection criteria for the practice management review program as follows: a. One to eight years from call to the bar. b. In private practice (category A). c. In approximate proportion to the percentage of law firms represented in Law Society conduct matters and LAWPRO negligence claims for the entire profession determined annually. 5

6 PROFESSIONAL REGULATION COMMITTEE REPORT Ms. Rothstein presented the Report. Re: By-Law 7 Motion It was moved by Ms. Rothstein, seconded by Mr. Hainey, that Convocation approve amendments to the French version of By-Law 7 as set out in the Report. THE LAW SOCIETY OF UPPER CANADA BY-LAWS MADE UNDER SUBSECTIONS 62 (0.1) AND (1) OF THE LAW SOCIETY ACT BY-LAW 7 [BUSINESS ENTITIES] THAT the French version of By-Law 7 [Business Entities], made by Convocation on May 1, 2007 and amended by Convocation on June 28, 2007 and February 21, 2008 be further amended as follows: 1. Subsection 15 (3) of the By-Law is deleted. 2. Sections 16 and 17 of the By-Law are deleted and the following substituted: Interdiction d offrir les services de non-titulaires de permis 16. Dans le cadre de l exercice du droit ou de la prestation de services juridiques, les titulaires de permis ne doivent pas offrir à leur clientèle les services d une personne qui ne détient pas un permis, sauf en conformité avec la présente partie. Prestation de services autorisés de non-titulaires de permis 17. Dans le cadre de l exercice du droit ou de la prestation de services juridiques, les titulaires de permis peuvent offrir à leur clientèle les services d un non-titulaire de permis qui exerce une profession ou un métier qui sert les intérêts de l exercice du droit ou de la prestation de services juridiques. 3. Paragraph 1 of subsection 18 (2) of the By-Law is amended by deleting qui n est pas titulaire de permis de catégorie P1. 6

7 Re: Amendments to Rule 3 of the Rules of Professional Conduct (Advertising and Marketing) It was moved by Ms. Rothstein, seconded by Mr. Hainey, that Convocation approve the draft of Rule 3 of the Rules of Professional Conduct set out in this report at paragraph 8. CONTINUATION OF THE PROFESSIONAL DEVELOPMENT AND COMPETENCE COMMITTEE REPORT Re: Lawyer s Oath It was moved by Ms. Ross, seconded by Ms. Pawlitza, that Convocation approve the following in French and English as the lawyer oath that candidates for call to the bar of Ontario swear or affirm: In accepting the honour and responsibility of life in the profession of law, I promise that I will, in good faith, safeguard justice by recognizing and respecting the dignity of the court and the importance of the client s cause, however unpopular. I will accord civility, fairness and candour to all. At all times, and with my whole heart, I will champion the rule of law through diligent effort, whether in court or not, on behalf of all persons, whether powerful or frail, envied or despised, through strict adherence to the rules that govern members of our profession. So help me God. (I do so affirm.) J accepte avec honneur la responsabilité d exercer la profession d avocat et je promets de servir de bonne foi la justice en reconnaissant et en respectant la dignité de la Cour et l importance de la cause du client, quel que soit son degré d impopularité. Je traiterai tout un chacun avec courtoisie, impartialité et honnêteté. Toujours et sans réserve, je défendrai la primauté du droit avec diligence, devant les tribunaux ou en dehors, au nom de tous les justiciables, le faible comme le fort, sujet d envie ou de mépris, dans le respect intégral des règles qui régissent les membres de notre profession. 7

8 Ainsi que Dieu me soit en aide (Je l affirme solennellement.) The addition of the words and promote access to justice for all was accepted as a friendly amendment. The matter was sent back to the Committee for further consideration. Item for Information Quarterly Benchmark Report REPORTS FOR INFORMATION ONLY Audit Committee Report General Fund Financial Statements for the Nine Months Ended September 30, 2008 Compensation Fund Financial Statements for the Nine Months Ended September 30, 2008 Repayable Allowance Program Activity Report Investment Compliance Reporting Equity and Aboriginal Issues Committee/Comité sur l équité et les affaires autochtones Report Public Statement for Pakistan Accessibility Study Public Events Federation of Law Societies of Canada Report Response to Competition Bureau Secretary s Report Annual General Meeting Motion Tribunals Committee Report Quarterly Statistics CONVOCATION ROSE AT 12:55 P.M. 8