Toronto Estate Law Blog : Toronto Estate Lawyer : Hull & Hull Law Firm : Trust Mediation and Succession Planning : Serving Ontario, Ottawa, Mississauga, Hamilton

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On Monday I wrote about the importance of mentoring. Today I’d like to illustrate. A November 2008 report by former Superior Court Chief Justice Patrick LeSage and University of Toronto law professor (now Superior Court Justice) Michael Code questioned the adequacy of sanctions for courtroom misconduct.

Up until recently, judges had two options to deal with inappropriate behaviour in the courtroom: a finding of contempt or referral to the Law Society of Upper Canada for possible disciplinary action. Out of the Code/LeSage report has come the recommendation and recent implementation of mentoring as a third option for behaviour not serious enough to merit disciplinary action.

Mentoring has traditionally been a learning mechanism that is completely voluntary, in that it is sought out and arranged by mentor and mentee on a more or less informal basis. Mentoring is taken to the next level with the new LSUC Mentoring Referral Protocols, which invite Ontario Court and Superior Court judges to identify lawyers in need of mentoring. 

Requests go to LSUC’s CEO, Malcom Heins. If mentoring is considered an appropriate response, the lawyer will receive a letter identifying the impugned behaviour together with a consent form. If the lawyer accepts mentoring, he or she will be referred to the Advocates Society, the Criminal Lawyers Association or the Ministry of the Attorney General to be paired with an appropriate mentor in his or her area of practice. For more information see this article in The Lawyer’s Weekly.  

Many legal organizations offer mentoring on a casual, as needed or ongoing basis. Here are some for your reference, should you wish to be a mentee or a mentor:

1. The Advocates' Society
2. The Criminal Lawyers' Association
3. The Law Society of Upper Canada
4. The Ontario Bar Association
5. The Women’s Law Association of Ontario

It is worth noting that although our regulator has reponsibility for those amongst us who do not act as we should, LSUC’s Mentorship Program extends far beyond the Mentoring Referral Protocols. It is comprised of three initiatives that match volunteer lawyers with those interested in becoming lawyers; students-at-law to provide assistance and advice with their careers; and practising lawyers in general need of advice.

Happy Mentoring!

Sharon Davis

Sharon Davis - Click here for more information on Sharon Davis.

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Cy pres is the equitable doctrine under which a court interprets a document containing a gift to charity by substituting another charity to reflect as closely as possible the donor’s intention. Courts use cy pres when a donor’s original charitable purpose cannot be exactly fulfilled. When literal compliance is impossible, the general intention of the donor should still be carried out as nearly as possible (cy pres) so that the charitable bequest does not fail.  

In our area of expertise, estate and trust litigation, cy pres applications are quite common to determine the proper beneficiary(s) of a subject testamentary bequest.  Megan Connolly has blogged on the application of the cy pres doctrine to charitable bequests in Wills. Cy pres has been applied in other areas of the law.

In the context of class action proceedings, settlements increasingly include cy pres orders (as they are often called) where part of the settlement funds are paid to charitable and non-profit organizations, to be applied to activities that may reasonably be expected to benefit class members. In a recent decision approving the settlement of a class action against a financial institution involving alleged unauthorized charges for foreign currency transactions, Justice Cullity reviewed cy pres orders in class action settlements and ultimately made an order for the Law Foundation of Ontario to receive $14.2 million to create a trust fund “for the purpose of advancing public access to justice in Canada”. Justice Cullity noted that access to justice had been used as a ground for certifying the proceeding. Class members and other members of the public would benefit from enhanced access to justice in the future. 

Thanks for reading,

Bianca La Neve

Bianca La Neve - Click here for more information on Bianca La Neve.