Select Submissions

 

Auto Insurance Dispute Resolution System

 

Cunningham Report

In August 2013, The Honourable Douglas J. Cunningham was appointed by the Ontario Minister of Finance to review Ontario’s dispute resolution system for auto insurance claims.  The Advocates’ Society was invited to make submissions in advance of the release of an interim report on the review.  Read the letter of The Advocates’ Society dated September 20, 2013 here. Representatives of The Advocates’ Society met with Justice Cunningham to discuss this letter in October 2013.  The Interim Report was released in November 2013. Read the Interim Report here.

Following the release of the Interim Report and prior to the release of the Final Report on the review of the Auto Insurance Dispute Resolution System, The Advocates’ Society wrote another letter and attended a stakeholder consultation session in December 2013.  Read the letter of The Advocates’ Society dated December 2, 2013 here. The Final Report was released in February 2014. Read the Ontario Auto Insurance Dispute Resolution Review Final Report here.



Bill 15 – Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014
This Bill was introduced on July 15, 2014 and proposed, among other things, to make amendments to the Ontario Insurance Act based on certain recommendations of the Ontario Auto Insurance Dispute Resolution Review Final Report. Read the Bill here. On November 5, 2014, Eric Grossman made oral representations to the Standing Committee on behalf of The Advocates’ Society.  Read the transcript of the Standing Committee meeting here. The Society also made written submissions to the Standing Committee.  Read the letter of The Advocates’ Society dated November 5, 2014 here. This Bill was granted Royal Assent on November 20, 2014. View the amended Insurance Act here.



Statutory Accident Benefits Schedule
– Proposed Changes

In May 2015, the Ministry of Finance proposed changes to the Statutory Accident Benefits Schedule. Read the proposed changes here. Read the letter of The Advocates’ Society dated June 29, 2015 here.



Rules of Practice and Procedure for the Licence Appeal Tribunal

In December 2015, proposed revised Rules of Practice and Procedure for the Licence Appeal Tribunal were released. Read the proposed Rules here. Read the letter of The Advocates’ Society dated February 4, 2016 here. Read the current Rules of Practice and Procedure for the Licence Appeal Tribunal here.



Marshall Report
In April 2017, David Marshall released the Report entitled "Fair Benefits Fairly Delivered: A Review of the Auto Insurance System in Ontario" (the "Marshall Report"). Read the Marshall Report here.

The Advocates’ Society struck a Task Force to review the Marshall Report. The Advocates’ Society wrote to the Ministry of Finance to provide its views on the recommendations in the Marshall Report. Read the letter of The Advocates’ Society dated September 15, 2017 here.



Case Management Masters Remuneration


 In October 2013, The Advocates’ Society was invited to make submissions to the Case Management Masters Remuneration Commission. Read the Notice of Hearing to the Legal Profession here. Read the letter of The Advocates’ Society dated January 29, 2014 here.

The Case Management Masters Remuneration Commission released its report in November 2015. Read the report here. Read the letter of The Advocates’ Society to the Ontario Minister of Finance dated January 29, 2016 here.



Family Law


Costs under the Ontario Family Law Rules
In June 2016, the Family Law Rules Committee released a consultation on potential changes to the Family Law Rules on costs. Read the consultation document here. Read the letter of The Advocates’ Society dated October 27, 2016 here.



Family Legal Services Review
In February 2016, the Ministry of the Attorney General and the Law Society of Upper Canada announced that The Honourable Annemarie E. Bonkalo would lead a review on the provision of family legal services in Ontario, and in particular the question of whether non-lawyers, including paralegals, should be permitted to provide family law services to the public.  Stakeholders were invited to make submissions on the review. Read the consultation document here. The Advocates’ Society submitted that paralegals should only be permitted to provide services in the family law area if supervised by a lawyer, in light of the extensive additional training that would be required and the nature of the issues in family law proceedings. Read the letter of The Advocates’ Society dated April 29, 2016 here.

The Family Legal Services Review Report was released in March 2017. Read the Report here. Read the media release of The Advocates’ Society dated March 6, 2017 here. The Law Society of Upper Canada has launched a consultation on the Report. Learn more about the Law Society’s consultation here. The Advocates’ Society will be preparing written submissions to present to the Law Society of Upper Canada by May 15, 2017.



Grassroots Project: Family Law Reform Initiative
A Task Force formed by The Advocates’ Society held consultation meetings and published recommendations on changes which would improve the family law system. Read the report of The Advocates’ Society released September 10, 2014 here.



Guidelines for Judicial Interviews and Meetings with Children in Custody and Access Cases in Ontario

The Advocates’ Society organized and participated in a Task Force which organized and attended Town Hall meetings, drafted guidelines for judges, and made a presentation to the annual meeting of the Association of Family and Conciliation Courts in Chicago, June 2012. Read the Guidelines released in September 2013 here.



Motherisk Hair Analysis Independent Review
In March 2015, Lead Counsel to the Motherisk Hair Analysis Independent Review invited The Advocates’ Society to make submissions on the Independent Review. Read the letter and consultation documents here. Read the letter of The Advocates’ Society dated September 11, 2015 here.



Ontario Family Law Act, Section 31
The Advocates’ Society was invited by the Ministry of the Attorney General to comment on a proposed amendment to Section 31 of the Ontario Family Law Act. Read the letter of The Advocates’ Society dated February 22, 2017 here.



Federal and Provincial Government Relations

 

Civil Enforcement Services – New Delivery Models
In January 2016, the Ministry of the Attorney General released a consultation document entitled “A New Approach to Providing Civil Enforcement Services in Ontario”. Read the consultation document here. Read the letter of The Advocates’ Society dated March 31, 2016 here.



Construction Lien Masters – Ontario
On March 27, 2015 The Advocates’ Society wrote to the Attorney General of Ontario regarding a concern with the shortage of Construction Lien Masters in Toronto. Read the letter here. Read the response of the Attorney General here.



Negligence and Joint and Several Liability
In January 2014, the Ministry of the Attorney General requested feedback on proposed changes to the law of negligence and joint and several liability. Read the letter from The Advocates’ Society dated April 15, 2014 here.



Solicitor-Client Privilege and Intellectual Property Agents

On June 2, 2015, The Advocates’ Society wrote to the Federal Minister of Finance and outlined concerns with regard to the brief consultation period to comment on proposed amendments to the Patent Act and Trade-marks Act that purported to extend a form of solicitor-client privilege to intellectual property agents. Read the letter here.

On June 13, 2016, The Advocates’ Society wrote to Innovation, Science and Economic Development Canada to provide comments on a draft code of conduct for patent and trade-mark agents. Read the letter here.

On September 9, 2016, The Advocates’ Society wrote again to Innovation, Science and Economic Development Canada with regard to the governance framework for intellectual property agents proposed by the Federation of Law Societies of Canada. Read the letter here. Read the Federation’s governance framework here.



Federal Courts Rules

 

Costs
In October 2015, the Federal Court of Appeal and Federal Court Rules Committee released a discussion paper on costs. Read the discussion paper here. Read the letter of The Advocates’ Society dated December 9, 2015 here.   Enforcement
In July 2013, the Federal Courts Rules Committee released a discussion paper recommending changes to the Federal Courts Rules on enforcement. Read the discussion paper here. Read the letter of The Advocates’ Society dated September 30, 2013 here.



Limited Scope Representation
In November 2014, the Federal Courts Rules Committee released a discussion paper on limited scope representation. Read the discussion paper here. Read the letter of The Advocates’ Society dated January 30, 2015 here.



Modernization
Proposed changes to modernize the Federal Courts Rules were published in the Canada Gazette in January 2014. Read the excerpt here. Read the letter of The Advocates’ Society dated March 24, 2014 here.



Federation of Law Societies of Canada

 

In January 2017, the Federation of Law Societies of Canada released a consultation report on the Model Code of Professional Conduct asking for stakeholder input on issues related to technological competence, the return to the practice of law by former judges, and an amendment to the rule on encouraging respect for the administration of justice. Read the Consultation Report here. The Advocates’ Society has struck a Task Force to examine the issues and plans to make submissions to the Federation.



Judicial Appointments

 

In response to reports in the media that the Federal Government may abandon the Parliamentary Committee process for selecting judges to be appointed to the Supreme Court of Canada, The Advocates’ Society struck a Task Force to examine the issue. Read the letter of The Advocates’ Society letter to the Federal Minister of Justice dated January 30, 2015 here.

Following the Federal Election in the Fall of 2015, The Advocates’ Society made submissions to the Minister of Justice with regard to federal judicial appointments, including recommendations for a process to be followed for the appointment of judges to the Supreme Court of Canada as well as the provincial superior courts and courts of appeal. Read the letter of The Advocates’ Society dated July 22, 2016 here. Following the publication of the appointments process for Justices of the Supreme Court of Canada, The Advocates’ Society wrote to the Prime Minister and the Minister of Justice. Read these letters dated August 18, 2016 here. Learn about the judicial appointments process for Federal Judicial appointments, including appointments to the Supreme Court of Canada, here.



Law Society of Upper Canada


Advertising, Contingency Fees and Referral Fees
In June 2016, the Advertising and Fee Arrangements Issues Working Group of the Law Society of Upper Canada released a report inviting feedback on specific issues related to lawyers advertising their services, charging contingency fees to clients and charging referral fees. Read the report here. Read the letter of The Advocates’ Society dated September 30, 2017 here.


In February 2017, the Advertising and Fee Arrangements Issues Working Group delivered another report to Convocation. Convocation voted to implement a cap on referral fees and several changes to the Rules of Professional Conduct on advertising. Read the report here.



Alternative Business Structures
In September 2014, the Alternative Business Structures Working Group of the Law Society of Upper Canada released a discussion paper entitled “Alternative Business Structures and the Legal Profession in Ontario”. Read the discussion paper here. Read the letter of The Advocates’ Society dated December 19, 2014 here.



Compliance-Based Entity Regulation
In January 2016, the Compliance-Based Entity Regulation Task Force of the Law Society of Upper Canada released a consultation document entitled “Promoting better legal practices”. Read the consultation document here. Read the letter of The Advocates’ Society dated March 31, 2016 here.



Lawyer Licensing Process
In September 2016, the Professional Development & Competence Committee of the Law Society of Upper Canada released a report regarding proposed changes to the licensing process and the evaluation of the Pathways Pilot Project. Read the report here. Read the letter of The Advocates’ Society dated October 22, 2016 here.

In March 2017, the Law Society communicated plans for a “Dialogue on Licensing”. Learn more about the “Dialogue on Licensing” here.



Racialized Licensees
In September 2016, the Equity and Aboriginal Issues Committee of the Law Society of Upper Canada released a report on potential initiatives for racialized licensees in the legal profession and invited submissions from stakeholders. Read the report of here. Read the letter of The Advocates’ Society dated November 14, 2016 here.



Rules of Professional Conduct
In June 2015, the Law Society of Upper Canada proposed amendments to the Rules of Professional Conduct in the areas of: conflicts of interest, doing business with a client, short-term legal services, incriminating physical evidence, and advertising. Read the Call for Input of the Professional Regulation Committee of the Law Society here. Read the letter of The Advocates’ Society dated November 3, 2015 here.



Legislation


Construction Lien Act – Expert Review and Proposed Amendments
In February 2015, an Expert Review Team appointed by the Ontario Government was mandated to propose amendments to the Ontario Construction Lien Act. Read the news release here. The Expert Review Team released an information package to stakeholders, which is available here. Read the letter of The Advocates’ Society dated December 2, 2015 here and the follow-up letter of The Advocates’ Society dated February 10, 2016 here, focusing on those proposed amendments which affect advocacy and practice before the courts. Executive members of the Construction Law Practice Group of The Advocates’ Society discussed these submissions with lead counsel on the Expert Review Team in December 2016.

The Expert Review Team submitted its report to the Attorney General on April 30, 2016. Read the report here. In October 2016, members of the Construction Law Practice Group of The Advocates’ Society met with the Attorney General to discuss the report and provided further submissions in writing.  Read the letter of The Advocates’ Society to the Attorney General dated November 29, 2016 here.



Protection of Public Participation Act, 2015 – Bill 52
This Bill was introduced on December 1, 2014 and dealt with Strategic Lawsuits Against Public Participation (SLAPP). Read the Bill here. On September 24, 2015, Brian Gover made oral representations to the Standing Committee on behalf of The Advocates’ Society. Read the transcript of the Standing Committee meeting here. The Society also made written submissions to the Standing Committee on Justice Policy.  Read the letter of The Advocates’ Society dated October 1, 2015 here and the handout summarizing the oral submissions of The Advocates’ Society here. This Bill was granted Royal Assent on November 3, 2015. View the relevant amendments at Sections 137.1 to 137.5 of the Ontario Courts of Justice Act here.



Provincial Offences Act – Online Administrative Monetary Penalty Review System

In March 2015, the Ontario Ministry of the Attorney General released a consultation paper entitled “Exploring an online Administrative Monetary Penalty System for infractions of provincial statutes and municipal by-laws in Ontario”. Read the consultation paper here. Read letter of The Advocates’ Society to the Ministry dated April 28, 2015 here.
 


Ontario Rules of Civil Procedure

 

“Health practitioner” – Definition
In July 2014, the Ontario Civil Rules Committee released a consultation document addressing the issue of whether the definition of “health practitioner” under the Ontario Rules of Civil Procedure should be modified. Read the consultation document here. Read the letter of The Advocates’ Society dated September 15, 2014 here.



Jury Trials in Ontario under Simplified Procedure Rule
In October 2016, the Ontario Civil Rules Committee released a consultation document regarding the use of juries under the Simplified Procedure in the Ontario Rules of Civil Procedure. Read the consultation document here. Read the letter of The Advocates’ Society dated December 8, 2016 here.



Service by Email and Fax
Led by members of the Young Advocates’ Standing Committee, The Advocates’ Society made submissions of its own initiative to the Ontario Civil Rules Committee with regard to changes to the rules of service by email and fax. Read the letter of The Advocates’ Society dated April 1, 2014 here.