Law Society of Ontario vs reality

The Law Society of Upper Canada, soon to self-resurrect as the Law Society of Ontario, is the trade association of Ontario's 50,000 lawyers and 8,000 para-legals.

The Society's latest gambit is to require its members (officially licencees) "to adopt and to abide by a statement of principles acknowledging their obligation to promote equality, diversity and inclusion generally, and in their behaviour towards colleagues, employees, clients and the public. And they must do so annually.

That's serious adopting and abiding, and beyond the Society's regulatory authority.

The Society's president explains that it's all about countering racism within the profession and towards the general public.

The hornet's nest has been disturbed. Some licencees claim the statement is compelled speech and that infringes on constitutional rights. A member of the Society's board is advocating exemption for conscientious objectors. Another licencee objects to being forced to adopt and promote someone else's "political ideology" as indeed it is.

The naiveté in this feel-good measure is the belief that law can stop racism. At best it may limit its overt expression. Partial solution rests with education. Even then. racism will continue to exist in one form or another.

Justice delayed is justice denied

A March 4, 2016 report relates the good news that 1,600 Scotiabank employees will receive the overtime pay due to them. The bad news is that the $20.5-million settlement required nine years of legal wrangling. The $12.5-million in legal fees must also be borne by the bank.

In a similar class-action suit, 31,000 CIBC staff are currently engaged in a on-going suit against the bank also for unpaid overtime. The lawsuit was filed in June 2007.

A friend's stock brokerage firm was bought out by a bank. The bank attempted to modify my friend's pension to his detriment.  He sued. Four years later he won. The bank appealed.

In a lawsuit against the Law Society of Upper Canada, I was offered a settlement six years after the writ was issued. I did not recover my legal fees which amounted to half of the settlement.

The modus operandi on the part of corporations is the hope the plaintiff will lose interest, run out of money to continue the suit, or better still, die. In the latter case, the deceased's estate could be held liable for all costs.