Voume 19, No. 1 - November 2011
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Volume 19, No. 1
November 2011
Young Lawyers' Division
Division des jeunes avocat(e)s

Upcoming
Program(s)
Program Materials Section
Executive
  

Message from the Chair - YLD East
 

By Janet Lo

YLD East is off to another busy year and it is an honour to work with such a dedicated YLD East Executive team. As we settle into the busy fall schedule, I encourage each of you to get involved. YLD East has a number of subcommittees working on projects and programs, and we are always keen to hear ideas about how YLD East can better serve young lawyers in the East region.

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YLD Central Update
 

This year the YLD Central has not one, but two dedicated chairs: Jeremy Shaw and Dina Stigas. The year started off with a full agenda as Dina attended the Young Lawyers’ – CBA Directorate Annual Meeting in Toronto to share and discuss young lawyer initiatives.

The YLD Central’s elected vice-chair, Sandra MacKenzie, resigned to pursue her career in Yellowknife. Omar Ha-Redeye graciously volunteered to fill the vacancy and was unanimously appointed for the role.

Jason Lewis graciously agreed to assume Sandra MacKenzie’s position as the YLD representative on the judge-led mediation task force.

In an effort to promote greater collegiality between the YLD Sections and to ensure that all Sections have a strong voice before OBA Council, YLD Central agreed that the YLD chairs for Central, East and West would rotate attendance at Council meetings, with each section attending meetings for three months.

We are pleased to announce that the following events will be presented in association with the YLD Central in Fall 2011/Spring 2012, so please be sure to save the dates in your calendar:

Nov. 30 - The Practice Management Review: What To Do When The Law Society of Upper Canada Comes For You!

March 9 - Your First Civil Trial

April 19 - Divine Discoveries

April 27 - Your First Acquisition Transaction

May 9  -  The Keys to The Successful Purchase of a Multi-Tenant Commercial Building – a YLD and Real Estate Section joint program

Dec. 7 -   The YLD Central's holiday party will be at the Duke of Devon in the TD Tower. We hope you can join us!

As part of YLD Central’s concerted effort to reach out to foreign-trained National Committee Accreditation (NCA) students, YLD hosted a special event on October 17, 2011. This event was extremely well attended and we are optimistic that we will have continued and increased participation in our section by NCA students.

We look forward to another exciting year ahead and encourage all our members to participate in our events which offer a great opportunity to learn, network and have fun!

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Factors That a Court Can Consider When Dealing with Vexatious Litigants
 

By Robert McGlashan

In the course of a litigator’s practice, they will frequently have to deal litigants who have become obsessed with their litigation, bring actions for improper purposes, bring actions against lawyers who have acted for or against the litigant in earlier proceedings or bring actions which clearly have no prospect of success. 

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Enforcing Letters Rogatory: A Warning to Connected Businesses Operating in Multiple Jurisdictions

By David Elmaleh

Compelling productions from non-parties is often met with stiff resistance. Even more so, imagine the opposition a non-party would put up when the productions are required in a foreign jurisdiction. In Treat America Ltd. v. Nestle Canada, Inc. this is precisely what occurred.

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Technology Tips
 

By Michael Nowina

Outlook Tip

Everybody loves (and occasionally curses after an inadvertent email is sent) the ability of Outlook to remember every address you have typed in a To: Cc: or Bcc: field and then auto-fill it. Just like your parents who have an unfailing memory for all the good and bad things in your past, Outlook also remembers all previously typed email addresses, including mistyped and old email addresses.

Fortunately, unlike your parents unfailing memory, it is easy to delete entries you no longer want to appear via Outlook’s AutoComplete List.

Delete an Email Address from the AutoComplete List Create a new email message in Outlook. Begin typing the name or address you want removed in the To: field. This automatically displays the list of entries that Outlook remembered. Press the down arrow key to highlight the unwanted entry. Press the Delete key (do not press Enter; press Delete while the drop-down list still shows). The entry is removed from your AutoComplete list.

It’s that easy!

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An Annual Conference Not to be Missed
Excelling at Articles 2011: Surviving and Thriving During Your First Year (YLD)
 

By Élie Ducharme*

Held at the Westin Hotel in Ottawa on August 19, 2011, this Ontario Bar Association Young Lawyers’ Division initiative gave articling students an excellent framework to plan and prepare for the trying year ahead. The conference draws on the collective experience of many Ottawa lawyers and one special guest, who were willing to donate their time to share their experiences, advice and insight. The speakers covered a wide array of subjects such as: dealing with people, practice management, effective legal writing, networking, small claims court, motions court, practice gems and courtroom tips and etiquette.

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Potpourri at the SCC: A Sampling of Recent Decisions

By Lauren Wihak

R v Nixon, 2011 SCC 34

Schreyer v Schreyer, 2011 SCC 35

Alberta v Cunningham, 2011 SCC 37

Bastien Estate v Canada, 2011 SCC 38; Dube v Canada, 2011 SCC 39

R v Topp, 2011 SCC 43

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When is a Settlement Not a Settlement? When it is a Judgment!

By Jonathan M. Richardson

So you’ve been working on a hard-fought, drawn-out battle of a file and finally reached Minutes of Settlement. Unfortunately, the other side is now unwilling to follow through on its obligations. Just how are you going to wrap this file up?

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Rideau Club Reception

By Sean van Helden

On October 6, 2011, the OBA YLD East launched its 2011/2012 season in the nation’s capital with a reception in honour of The Honourable Justice Thomas A. Cromwell. The event drew the largest ever YLD East turnout to the season opener. Justice Cromwell addressed a capacity crowd of young lawyers representing a wide variety of practice areas in the private and public sectors.

This event would not have been possible without the generous support of our sponsors:
 

Platinum Sponsor
 

Specal thanks to:

Gold Sponsors






Silver Sponsor

 

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Timeraiser

Jeff G. Saikaley

With the help of the OBA Young Lawyers’ Division (East), the Timeraiser event once again took place this year at the National Gallery of Canada on Saturday, November 19.

For those of you who are not familiar with Timeraiser, the event can be best described as a volunteer fair meets art auction meets networking event. On the night of Timeraiser, volunteer agencies are scattered in the main hall of the National Gallery of Canada to showcase their organization and volunteer opportunities to hundreds of young professionals. Art purchased from local artists at fair market value is displayed in the room and young professionals can bid on the art by pledging their volunteer hours to the agency(ies) of their choice.
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The Unknown YLD Committee Uncovered

Is This One of the OBA's Best Kept Secrets?

Jeffrey M. Minicucci

In my capacity as the Continuing Legal Education Liaison of the Young Lawyers’ Division Executive Committee, I would like to introduce readers to an additional Ontario Bar Association committee on which I have the privilege and the pleasure of sitting as a member:  The Young Lawyers’ Division Continuing Legal Education Committee (YLD CLE) comprises a unique group of lawyers whose exclusive purpose is to plan, develop, and host educational programs for Ontario Bar Association members, with a focus on lawyers who are under 40 years of age, or who have been called to the Bar for less than 10 years. The YLD CLE Committee is an outstanding resource that may be one of the OBA’s best kept secrets.

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About this Newsletter
 

Editor:
Michael Nowina
Andrew Ferguson
Robert McGlashan

OBA Editor:
newsletters@oba.org

Novus Telum 
is published by the Young Lawyers' Division of the Ontario Bar Association. Members are encouraged to submit articles. The articles that appear in this publication represent the opinions of the authors. They do not represent or embody any official position of, or statement by, the OBA except where this may be specifically indicated; nor do they attempt to set forth definitive practice standards or to provide legal advice. Precedents and other material contained herein are intended to be used thoughtfully, as nothing in the work relieves readers of their responsibility to consider it in the light of their own professional skill and judgment.