Reconsidering a Lawyer's Obligation to Raise Adverse Authority; Duty of Good Faith: Case comment; Bank of Montreal v. Javed; Expert Witness Update; Gilbert v. South | CPDonline.ca

Reconsidering a Lawyer's Obligation to Raise Adverse Authority; Duty of Good Faith: Case comment; Bank of Montreal v. Javed; Expert Witness Update; Gilbert v. South

Reconsidering a Lawyer's Obligation to Raise Adverse Authority; Duty of Good Faith: Case comment; Bank of Montreal v. Javed; Expert Witness Update; Gilbert v. South

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Credits
Professionalism (Ethics, etc.): 0.5
Substantive: 0.75
Published
2016
Presenter(s)
Brent Hodge
Stephen Pitel
Joyce Thomas
Source
Middlesex Law Association
Provider
CPDOnline.ca
Language
English
Length
45 minutes
Price
$109.00 plus tax
2016 MLA Straight from the Bench Conference
Includes Handouts
A lawyer owes a fiduciary duty to his or her client to act as an effective representative and a zealous advocate for the client’s best interests. The fiduciary relationship between the client and the lawyer imposes a duty of loyalty on the lawyer, which includes a duty to avoid conflicting interests and a duty of commitment to the client’s cause. However, the rules of ethical and professional conduct provide that a lawyer also has a duty to treat a tribunal with candour, fairness, courtesy and respect. In elaborating this duty, the rules specify particular conduct a lawyer must avoid when acting as an advocate. One of these specifications prohibits a lawyer from deliberately refraining from informing a tribunal of any binding authority that the lawyer considers to be directly on point that has not been mentioned by an other party.

Presenters

Brent Hodge

Dr. Stephen Pitel

Stephen G.A. Pitel is a Professor in the Faculty of Law at Western University.  His research and teaching is focused on private international law, tort law, civil procedure and legal ethics.  He has been an adjunct professor at the University of Toronto and the University of Sherbrooke.  Stephen is the co-author of Conflict of Laws (2d ed. 2016), Private International Law in Common Law Canada: Cases, Text and Materials, (4th ed. 2016) and Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act (2012).  His tort law scholarship includes co-authoring The Law of Torts in Canada (4th ed. 2020) and Cases and Materials on the Law of Torts (10th ed. 2019).  In the field of legal ethics, Stephen is a contributor to Lawyers’ Ethics and Professional Regulation (3d ed. 2017).  He has received several teaching awards including the Ontario Confederation of University Faculty Associations Teaching Award and the Edward G. Pleva Award for Excellence in Teaching.  He is a former President of the University of Western Ontario Faculty Association and is the Vice-President of the Canadian Association for Legal Ethics.

Joyce Thomas

Professional history

  • Associate Lawyer, Lerners LLP (2014-present)
  • Associate Lawyer, Polishuk Camman & Steele (2010-2014)
  • Associate Lawyer, Judith Hull & Associates (2010)
  • Articling Student, Judith Hull & Associates (2009-2010)
  • Student Supervisor and Associate Caseworker, Community Legal Services (2006-2009)

Areas of Practice

  • Aboriginal Law
  • Arbitrations
  • Contract Litigation
  • Employment Law
  • Human Rights Law
  • Labour Law
  • Residential and Commercial Tenancies Law
  • Social Media Law
  • Workplace Investigation Reports and Rebuttals

Noteworthy cases

  • Mastronardi Produce Limited v. Veillon , 2015 ONSC 2983. Interlocutory Injunction –non-competition and nonsolicitation clauses in employment agreements.
  • Riley v. Walpole Island First Nation , 2014 Canada Labour Code. Arbitration–unjust dismissal and human rights complaint
  • The Chippewas of the Thames First Nation Police Service v. Constable Shawn McArdle , 2013 Arbitration – termination of Constable from First Nation Police Service
  • The Strathroy - Caradoc Police As sociation v. The Municipality of Strathroy - Caradoc Police Services Board , 2013. Arbitration –benefits of members after age 65

Achievements

  • London District Chief’s Council, Honoured Youth, 2010 Elders & Youth Gathering (2010)
  • Genest, Murray Award for outstanding advocacy (2009)
  • Southwestern Secretariat: Aboriginal Academic Achievement Award (2003-2005, 2008)
  • Southwestern Secretariat: Graduation Scholarship (2006)
  • Foundation for the Advancement of Aboriginal Youth: Academic Scholarship Award (2002)

Selected presentations/publications

  • Speaker, First Nation Employment Law Issues, The Law Society of Upper Canada, Indigenous Law Issues Program (2015)
  • Chair and speaker, Building Your Law Firm’s HR Toolkit, Ontario Bar Association Institute (2014)
  • Chair and speaker, The Life Cycle of a Law Practice, Ontario Bar Association Institute (2014)
  • Speaker: Don’t go breaking the law:Workplace Policies and Procedures for the Law Firm, Ontario Bar Association Continuing Legal Education Series (2013)
  • Chair, Sole, Small Firm and General Practice Breakfast Seminar, Ontario Bar Association Institute (2013)
  • Co-author, Remedies for Bullying& Harassment [Legal Update: Bill 168], 20th Annual Ontario Police Association Conference (2011)

Memberships

  • Canadian Association of Counsel to Employers
  • International Centre for Dispute Resolution Young & International
  • Canadian Bar Association
  • Indigenous Bar Association
  • Middlesex Law Association
  • Ontario Bar Association
  • Southwest Region Women’s Law Association

Community Involvement

  • Volunteer Lawyer, Ontario Justice Education Network (2013-present)
  • Reviewing Lawyer, Litigation Practice at University of Western Ontario (2011-present)
  • Lawyer Supervisor, Pro Bono Students Canada (2011-present)
  • Executive Member, Ontario Bar Association (2010-present)
  • Coach, University of Western Ontario-Ontario Trial Lawyers Association Team (2010-present)
  • Board of Directors, Orchestra London (2009-present)

Education

  • Admitted to Ontario Bar (2010)
  • Juris Doctor, University of Western Ontario (2009)
  • Philosophy Degree, Honours, University of Western Ontario (2006)

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