Weekly
Bulletin [2010.01.12]
The
Law Society of the Northwest Territories
Contents
1. Family Law
Section Meeting Thursday, January 14, 2010 - 12:00pm The Family Law Section will be meeting at noon on Thursday, January 14,
at the Law Society Boardroom. Sign
up for this meeting by reply no later than Wednesday,
January 13.
Tuesday, January 26, 2010 - 9:00am This 90 minute, live online PD session will explore the emerging role
of "settlement counsel" in complex commercial litigation; an American
phenomenon that is slowly emerging as a Canadian trend and is often
misunderstood. Join us and gain an in-depth understanding of the role of settlement
counsel vs. traditional litigation counsel and the advantages and
perceived disadvantages of the use of settlement counsel in complex
litigation. Details can be found on the CBA Professional Development
website: Resident CBA Members are offered the alternative of viewing
this presentation at the Law Society Boardroom. Those interested
must register
with the Law Society office no later than Thursday, January
21. Friday, February 19, 2010 - 12:00pm Section 24(2) of the Canadian Charter of Rights reads: "Where, in
proceedings under subsection (1), a court concludes that evidence was
obtained in a manner that infringed or denied any rights or freedoms
guaranteed by this Charter, the evidence shall be excluded if it is
established that, having regard to all the circumstances, the admission of
it in the proceedings would bring the administration of justice into
disrepute." On February 19, 2010, the Hon. Judge Schmaltz will unravel the "new"
section 24(2) test introduced by the Supreme Court of Canada last summer
complete with tips and thoughts on how to present a winning
Charter-based argument, whether as the prosecution or defense. Register
for this Lunch & Learn by reply no
later than Wednesday, February 17. (Registration: CBA Members -
free. Non-CBA Members -
$10.00) The Law Society acknowledges the immense support of all its
volunteering members each year. All members are strongly
encouraged to sign up and volunteer for Law Society committees
for 2010. There are a variety of committees that can appeal to
your interests and that you can assist with a minimal time
commitment. If you have not done so, please inform the Law Society with
your volunteering interests at your earliest convenience. Click the link below to download the Committee Sign-Up
Form: You can also find the form on our website at: The GNWT Department of Justice is planning to amend the NWT Exemptions
Act. The proposed amendments would increase the exemption amounts for
categories of property under the Act, and revise the categories and
descriptions of property that are exempt from seizure. A letter regarding this planned amendment has been received by the
Executive Director of the Law Society. Members wishing to review
this letter, along with the planned amendments, may contact the Law
Society. For more information, or to submit comments, please contact Mike Reddy,
Senior Policy Analyst with the GNWT Department of Justice, at: mike_c_reddy@gov.nt.ca, or
867-920-3362. NWT Justice would appreciate any general or
specific comments you may have regarding the proposed amendments to the
Exemptions Act by Friday, January 22, 2010.
The Department of Justice of the Government of the Northwest
Territories is currently seeking feedback on a proposed Electronic
Commerce Act. Accordingly, I enclose a consultation draft of a proposed
Act, with commentary explaining the purpose and underlying principles of
the specific sections found in the legislation. This has also been posted
on the Department of Justice website at: A letter regarding this proposed Act has been received by the
Executive Director of the Law Society. Members wishing to review
this letter, along with the proposed Act, may contact the Law
Society. For more information, or to submit comments, please contact Mike Reddy,
Senior Policy Analyst with the GNWT Department of Justice, at: mike_c_reddy@gov.nt.ca, or
867-920-3362. We would appreciate any general or specific comments you may
have regarding the proposed Electronic Commerce Act by Monday, February 8,
2010. Supreme Court of Canada Counsel are advised that it is now the Court's general practice to
award costs "in the cause", rather than "in any event of the cause", in
those applications for leave to appeal where leave to appeal is granted.
The Court's practice of awarding costs only when costs of the application
are requested remains unchanged. Accordingly, counsel are reminded to make
submissions in support of an order sought concerning costs and to include
the order sought with respect to costs, in Parts IV and V, respectively,
of the memorandum of argument of the application for leave to appeal, as
well as in Parts IV and V of the factum on
appeal. Federal
Court of Appeal The amendments to the Federal Courts Rules regarding summary judgment
and summary trial have been approved by the Governor in Council. The Rules Amending the Federal Courts Rules (Summary Judgment and
Summary Trial) were registered on December 10, 2009 and came into force on
that day. These amendments will be published in the December 23, 2009
issue of the Canada Gazette, Part II. For more information, please contact the Secretary to the Federal
Courts Rules Committee, Ms. Chantelle Bowers at (613) 995-5063, or by
e-mail at chantelle.bowers@fca-caf.gc.ca. This Notice to the Profession is available on the Federal Court
of Appeal website (under "Bulletins"): http://www.fca-caf.gc.ca
Saturday, January 16, 2009 The Young Professionals Association (lawyers, engineers, architects,
accountants) is hosting an "Old School" Curling Tournament on Saturday,
Jan. 16th, 11:30AM-5PM. The cost is $20 per person and significant
others are welcome. See the attached poster for more
information. Please RSVP (or direct any questions) to Shirley
Walsh at swalsh@davis.ca no later
than Wednesday, January 13th. Download the poster:
2. CBA Online: Settlement Counsel in Com.
Litigation
3. Lunch &
Learn: Section 24(2) of the
Charter
4. 2010
Committee Volunteers
5. NWT Justice:
Exemptions Act Amendments
6. NWT Justice:
Proposed Electronic Commerce
Act
7. Notice:
SCC Change of practice, costs
8. Notice: FCC/FCA Federal Court
rules
9. Young
Professionals: Curling
Tournament
Family
Law Section Meeting
Law Society
Boardroom
ONLINE CLE:
Emerging Role of Settlement Counsel in
Commercial Litigation
CBA Online
Presentation
The session will outline useful risk analysis
tools that are an essential part of any Alternative Dispute Resolution
practitioner's toolkit. Learn how to use these new tools that
can quantify, often with amazing clarity, why a settlement in a particular
range is economically more beneficial than proceeding with litigation.
http://www.cba.org/pd/details.aspx?id=NA_ONJAN10
LUNCH & LEARN:
How to Get Evidence Out or Keep
Evidence In: Section 24(2) of the Charter
Law Society
Boardroom
2010
Committee Volunteer Sign-Up
http://www.lawsociety.nt.ca/pdf/forms/LSNT_CommitteeRegistration2010.pdf
http://www.lawsociety.nt.ca/society/forms.html
NWT JUSTICE:
Amendments to the NWT Exemptions
Act
NWT JUSTICE:
Proposed Electronic Commerce
Act
http://www.justice.gov.nt.ca/Consultation/cons_main.shtml
NOTICE TO THE PROFESSION:
Change to Court's practice
of awarding costs
Registration and coming into
force of the Rules amending the Federal Courts rules (Summary Judgment
and Summary Trial)
YOUNG PROFESSIONALS ASSOCIATION:
"Old School" Curling
Tournament
Yellowknife Curling
Club
http://www.lawsociety.nt.ca/pdf/thirdparty/OldSchoolCurlingTourney.pdf
This email has been sent out as part of the Law Society of the Northwest Territories' membership communications. The Weekly Bulletin is emailed every Tuesday to provide members with important news and information. Arctic Obiter announcements are released once a month. This mailing list is used exclusively by the Law Society of the Northwest Territories, and is not distributed to any other party for any reason. If you believe this email is being delivered to a wrong address, or if you have any questions or concerns, please email communications@lawsociety.nt.ca.
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TEL: (867) 873-3828 | FAX: (867) 873-6344
www.lawsociety.nt.ca