Post on 03-Feb-2022
Law Society of Saskatchewan
Annual Report
President’s Report 1
Executive Director’s Report 4
Deputy Director/Complaints Counsel Report 8
Committees and Other Reports
Admissions & Education 9
Discipline Executive 10
Ethics 12
Insurance 13
Professional Standards 14
Benchers and Professional Staff 15
2012 Committees 16
Law Society of Saskatchewan Financial Statements and Auditors’ Report
Saskatchewan Lawyers’ Insurance Association Inc. Financial Statements and Auditors’ Report
For the year ended December 31st, 2012
President’s Report
Annual Report 2012 1
It is an honour to present the 2012
Annual Report of the Law Society of
Saskatchewan. I wish to thank our
2012 President, Gregory Walen,
Q.C., for his exemplary service as a
Bencher and during his presidency
year.
The Law Society was governed in
2012 by 23 Benchers including 18
elected Benchers, the Dean of the
College of Law at the University of
Saskatchewan and 4 public
representative Benchers appointed by
the Minister of Justice. All
contributed significantly to the Law
Society’s mandate to protect the
public interest and continue with self-
governance of the profession.
2012 was an election year for the
Law Society and for the first time,
the election was conducted by way of
online voting. We were pleased to
welcome several new Benchers to the
table:
David Rusnak (East Central)
Ronald Parchomchuk (Prince
Albert)
David Chow (Central)
Brenda Hildebrandt, Q.C.
(South East)
Bruce Bauer, Q.C. (Saskatoon)
Perry Erhardt, Q.C. (Regina)
Ronni Nordal (Regina)
Patrick Reis, Q.C. (Regina)
Jay Watson (Saskatoon)
Sean Sinclair (New Lawyer –
Saskatoon)
I must also extend our sincere thanks
to the group of experienced Benchers
that completed their terms at the end
of 2012. Their contributions and
hard work were much appreciated
and will be missed:
Loreley Berra (Regina)
Thomas Campbell (East
Central)
Eileen Libby, Q.C. (Regina)
Paul Korpan, Q.C. (Regina)
Stephen Orlowski (South East)
Peter Hryhorchuk (Prince
Albert)
George Patterson, Q.C.
(Central)
Evert Van Olst (Saskatoon)
Gregory Walen, Q.C.
(Saskatoon)
Last, but certainly not least, the
Benchers would be unable to perform
their statutory duty to protect the
public interest without a capable and
dedicated administrative staff. I
commend Executive Director, Tom
Schonhoffer, Q.C. and his
professional and administrative staff
for a job well done.
Another notable event in 2012 was
the reception hosted by the past
Presidents of the Law Society of
Saskatchewan, as the opening event
for the College of Law’s Centennial
Gala weekend held October 5-7,
2012. In addition to the current and
incoming Law Society Presidents,
there were 30 past Presidents in
attendance ranging in dates from
David Eldon (Tom) Gauley, Q.C.
(1966) to Paul Korpan, Q.C. (2011).
This report will include reports of the
standing committees, which will
detail the highlights of the work done
by each committee in 2012. These
standing committees perform
substantial work in the Law Society’s
core areas of admissions, discipline,
ethics and professional standards.
Much of the policy development and
direction of the Law Society is
formulated at the committee level.
Some brief highlights follow.
ADMISSIONS
The Law Society has seen the effect
of a strong economy in Saskatchewan
in 2012. There were 86 admissions
of new lawyers in the province, 62 of
which were students-at-law and 24
which were transfers from out of
province.
The Admissions & Education
Committee continues to be one of the
busiest standing committees of the
Benchers. In 2012, it dealt with
numerous rule waiver applications,
primarily from foreign trained
lawyers who are seeking admission
as students-at-law, but who do not
have their certificate from the
National Committee on Accreditation
in time to commence the CPLED
program.
A hearing was also held for a
student-at-law who was suspended
from the CPLED program as a result
of plagiarism.
In 2012, the Federation approved a new competency profile with a view to establishing national standards for admission to the profession .… By: Heather Laing, Q.C.
President’s Report
2 Annual Report 2012
EDUCATION
The first rolling three-year term of
the Continuing Professional
Development Program concluded on
December 31, 2012. The program
required all lawyers in the province
to complete 36 hours of
programming, including six hours of
ethics, professional responsibility or
practice management issues. At year
end, only 33 members had not
reported the required hours.
Ultimately, five members were
administratively suspended for a
short period of time, but they were
subsequently reinstated and one
retired from practice.
In addition, the new Code of
Professional Conduct came into
effect on July 1, 2012. Given the
importance to the profession, the
Benchers determined that all
members of the Law Society must
attend a mandatory Code of Conduct
training course which was provided
to members free of charge by the
Law Society. I wish to thank Brent
Cotter, Q.C. who instructed the
courses throughout the province and
shared his expertise in professional
responsibility to educate the
membership. The Law Society was
very pleased with the positive
response from the membership and
the high rate of compliance that was
observed.
DISCIPLINE
The effect of the 2010 amendments
to The Legal Profession Act
continued in 2012 as discipline
matters that originated before July 1,
2010 continued under the old system
of hearings and sentencings by the
Benchers as a whole. There was one
matter in 2012 where sentence was
determined by the Discipline
Committee as a whole (the Benchers)
which resulted in a suspension.
Other matters proceeded under the
new system whereby hearings and
sentencings are conducted by the
Hearing Committee.
ETHICS
The Ethics Committee has two
primary functions. The first is to
consider ethical issues raised either
through complaints or at the request
of individual members and to provide
rulings for the guidance of the legal
profession. The other primary role is
to review and make
recommendations for amendments to
the Code of Professional Conduct.
As noted earlier, the new Code was
approved by the Benchers in
February 2012 to take effect on July
1, 2012. With the assistance of Law
Society staff, the Ethics Committee
was primarily responsible for the
detailed analysis of the Federation’s
Model Code, and to recommend a
final version for approval by the
Benchers.
PROFESSIONAL STANDARDS
The Professional Standards
Committee is tasked with proactively
assisting members with practice
management assistance, as a means
of fulfilling the Law Society’s
mandate to protect the public by
ensuring the competence of its
members. The Practice Advisor
program is made available to new
and sole practitioners to assist them
in establishing office systems and
strategies at no cost to the members.
The committee also deals with
complaints that are competence
related in nature.
The committee is supported in its
work by Practice Advisors Victor
Dietz, Q.C., Brent Gough, Q.C. and
Jeff Scott and I thank them for their
invaluable work and insight.
GOVERNMENT RELATIONS
The Law Society Executive was
pleased to meet with the new
Minister of Justice, Gordon Wyant,
Q.C. and his senior staff in August
2012, to continue the tradition of
dialogue and consideration of mutual
areas of interest and concern. We
extend our appreciation to the
Ministry for the good relationship we
continue to maintain.
FEDERATION OF LAW SOCIETIES
The Federation of Law Societies is
an umbrella organization of all 14
Law Societies in Canada. 2012 was
a change-over year for the
Saskatchewan representative to the
Federation Council. Graeme
Mitchell, Q.C. completed his six-year
term as Saskatchewan’s Federation
Council representative. We wish to
thank him for his time and
commitment to the Federation and
the Law Society and for his role in
both regards.
At the November 2012 Convocation,
the Benchers elected Gregory Walen,
Q.C. to serve as Saskatchewan’s
Federation Council representative for
a two-year term commencing January
1, 2013. Given the importance of the
work of the Federation on national
issues and relevance to the Law
Society, the Federation Council
representative reports to the Benchers
and attends each Convocation to
ensure a close connection between
the two organizations.
In 2012, the Federation approved a
new competency profile with a view
to establishing national standards for
admission to the profession. The
next phase will be implementation; a
process that will continue into 2013.
FINANCE
The Executive Committee operates
as Finance Committee for the Law
Society. As in previous years, the
Law Society continues to maintain a
solid financial basis and maintains
some of the lowest fees for
membership and insurance of Law
Societies across Canada. Special
thanks must be made to Executive
Director, Tom Schonhoffer, Q.C. and
Office Administrator, Ruth
Armstrong, who celebrated 35 years
of service with the Law Society in
2012.
President’s Report
Annual Report 2012 3
LIBRARY
2012 saw a number of changes for
the Law Society in relation to
libraries.
Firstly, the position of Director of
Legal Resources was created, which
encompasses and expands upon the
previous role of Director of Libraries.
The Director of Legal Resources is
Melanie Hodges Neufeld. In
addition to being responsible for the
administration of the traditional
library, the Director will be
responsible for developing and
recommending a strategic plan for
the management of legal information
within the Law Society and the
province. Her duties also encompass
oversight of provision of online
information services to the
membership, education of members
and legal research, publication of
legal information and website
maintenance.
We also must recognize two
significant retirements from the Law
Society Library. Peta Bates retired as
Librarian from the Saskatoon Library
after 33 years of service. Maxine
Seeley also retired at the end of 2012
after 26 years of service as a
Research Librarian in Regina.
CONCLUSION
In closing, the Law Society could not
do the work it does without the
countless hours provided by
members of the Society who
volunteered their time and expertise
to business throughout the year.
These contributions enable the Law
Society to function as an effective
regulator and I thank each and every
member for your willingness to
assist.
Executive Director’s Report
4 Annual Report 2012
Mention of the Law Society usually
provokes the same response as a trip
to the dentist. In reality, like dentists,
the Law Society tries to focus more
on prevention than extraction. We
are trying to improve the brand.
Let’s start at the beginning with
fledgling lawyers. Law Societies
across the country have adopted
standards for the National Common
Law Degree. For many years, Law
Societies did not consider the
minimum qualifications necessary to
be admitted as a student-at-law. The
Law Society now specifies the types
of substantive law and skills that are
required of a student graduating from
a College of Law.
Although it is a work still in
progress, the next step is to define the
entry level requirements of a lawyer;
the qualifications to earn a change in
status from a student-at-law to a
lawyer. The Federation of Law
Societies has conducted an extensive
survey of lawyers across Canada and
engaged professional consultants to
design entry level qualifications. It is
also of interest to note that the Law
Society of Upper Canada has
approved a practical legal training
course as a substitute for Articling.
You may see more change in pre-call
legal education over the next 5 years
than we have seen in the last 50
years.
After a call to the Bar, Law Societies
are putting more emphasis on
continuing professional development
and prescribing minimum yearly
credits. Part of the focus is on Ethics
hours because it is easy to
unintentionally stray out of the
ethical zone. I deal with the Code of
Conduct on a daily basis and never
cease to be amazed at all the new
information I find in it. It reveals
itself very slowly and is a constant
work-in-progress for me.
We have had a Practice Advisor
program since 2005. When
competency appears to be the issue, it
is the first response. The intention is
to assist the lawyer in organizing all
the people, paper and problems that
pass through their organization on a
daily basis. The Practice Advisor
also offers advice to anyone starting
a new solo practice.
Our libraries continue to evolve and
to provide the latest in legal
information. Aside from books on
shelves, our publication of the
Annotated Court of Queen’s Bench
Rules and regular distribution of
Saskatchewan cases by email keep
practitioners up-to-date.
The Law Society continues to
support a lawyers’ assistance
program, acknowledging that many
personal problems eventually lead to
professional problems.
Finally, the staff at the Law Society
is always available for consultation.
We provide many informal opinions
on a regular basis.
Prevention is the message. Help by
brushing up on your practice skills,
avoid quantities of red wine and
other substances that stain, and avoid
contact sports with other lawyers and
clients.
Prevention is the message .… By: Tom Schonhoffer, Q.C.
Executive Director’s Report
Annual Report 2012 5
Membership Statistics as of January 3, 2013
STATUS Male Female TOTAL Active Practicing Members residing IN and OUT of Saskatchewan 1092 598 1690
Active Practicing Members residing IN Saskatchewan 1016 573 1589
Regina Practicing Lawyers 372 210 582
Saskatoon Practicing Lawyers 385 253 638
Saskatchewan Practicing Lawyers Outside of Regina and Saskatoon
259 110 369
Inactive Members IN and OUT of Saskatchewan 281 204 485
Inactive Members IN Saskatchewan 101 100 201
CHANGES IN STATUS SINCE JANUARY 1, 2012: Male Female TOTAL New Enrolled Lawyers (admitted from student-at-law status) 33 29 62
Transfer Lawyers 15 9 24
Deaths 8 0 8
Judges Appointed 6 2 8
Allocation of Practitioners in Saskatchewan
By Type of Practice
Type of Practice Number of Practitioners (not including students-at-law)
Courts 3
Federal Government 42
Federal Prosecution 17
In-House Corporate Counsel 122
Legal Aid 84
Private Practice 1026
Provincial Crown Corporation 52
Provincial Government 102
Provincial Prosecution 114
University 15
Unclassified in Alinity 12
TOTAL: 1589
Executive Director’s Report
6 Annual Report 2012
Law Firms in Saskatchewan by Number of Practitioners
Number of Practitioners Per Firm (Private Practice Only)
Number of Firms Number of Practitioners (including students-at-law)
1 198 198
2 53 106
3 21 63
4 16 64
5 9 45
6 3 18
7 4 28
8 8 64
9 2 18
10 1 10
15 2 30
16 2 32
19 2 38
22 1 22
25 1 25
28 1 28
29 1 29
34 1 34
60 1 60
82 1 82
87 1 87
TOTAL: 329 1081
NOTE: These numbers include students-at-law who are working in private firms, which accounts for the discrepancy between the
total number of private practitioners in this table (1081) and the total number of private practitioners in the “Type of Practice”
Table (1026).
Practicing Lawyers in Saskatchewan by Age (not including students-at-law)
The age of practitioners in the province is of interest and shows a bulge in the age groups from 41 to 60.
52% of practitioners fall within this range.
Between Ages: 24 to 30 31 to 40 41 to 50 51 to 60 60 & Up TOTALS:
Male 69 194 183 367 203 1016
Female 85 182 162 116 28 573
TOTAL: 154 376 345 483 231 1589
The statistics were prepared from the Law Society database and represent a reasonable representation of the demographics.
Statisticians should be cautioned that the final numbers are not always in agreement.
Executive Director’s Report
Annual Report 2012 7
JUDICIAL APPOINTMENTS
Inez Joan Cardinal, Q.C. (March, 2012)
Provincial Court of Saskatchewan
Brian Alan Barrington-Foote, Q.C. (April, 2012)
Court of Queen’s Bench for Saskatchewan
Darin Clayton Chow, Q.C. (May, 2012)
Provincial Court of Saskatchewan
Neil Francis Turcotte (June, 2012)
Court of Queen’s Bench for Saskatchewan
Robert Joseph Lane, Q.C. (September, 2012)
Provincial Court of Saskatchewan
Lana Leslie Krogan-Stevely (October, 2012)
Court of Queen’s Bench for Saskatchewan
William Ross Campbell (October, 2012)
Provincial Court of Saskatchewan
Paul Anthony Demong (December 14, 2012)
Provincial Court of Saskatchewan
OBITUARIES
The Hon. Grant H.M. Armstrong (January, 2012)
J.H. Clyne Harradence, Q.C. (March, 2012)
The Hon. William Roy Matheson (March, 2012)
Robert Lorne Pierce, Q.C. (March, 2012)
Michael Barry Ryan, Q.C. (July, 2012)
Brian Gregory Selinger (September, 2012)
Brian Arthur Chatwin (November, 2012)
Joseph William Kanuka, Q.C. (October, 2012)
Deputy Director/Complaints Counsel Report
8 Annual Report 2012
I am pleased to report on matters of
professional regulation for 2012. As
Deputy Director, I assist Tom
Schonhoffer, Q.C. in his role as
Executive Director. I also continue
in my role as Complaints Counsel,
overseeing all areas of professional
regulation. During the year, I
worked on policy and other issues
including a pilot project to implement
National Standards for Law Society
Complaints and Discipline processes
and a National Discipline
Administrator’s Steering Committee.
For the first time, Saskatchewan
hosted the National Discipline
Administrator’s Conference in
October 2012 and received rave
reviews for the speakers, the content
and the various fine amenities in
Regina.
There were 722 complaints received
in 2012, as opposed to 728 in 2011.
Of the total number of complaints
received, 224 actual complaint
investigation files were opened in
2012 as compared to 234 in 2011.
The balance were reviewed and
dismissed as non-jurisdictional,
without merit or resolved via
telephone conciliation. The highest
number of complaints questioned
quality of service on the part of the
member, fees and lack of
communication provided by a
member. Complaints in the areas of
family law, real estate and civil
litigation continue to bring the
highest number of complaints.
Jody Martin and Jennifer Houser,
Complaints Counsel, were joined by
Melinda Daradics, Complaints Intake
in 2012. Melinda is a former 911
operator and calmly handled many
initial calls from complainants in
2012. Jody and Jennifer have
investigated files which were
ultimately referred to Professional
Standards, Ethics or Discipline for
further action. Jennifer went on
maternity leave in 2012 and Valerie
Payne has capably covered Jennifer’s
position as Complaints Counsel since
late 2012. Administrative support by
Deanna Holt and Pam Slessor-Hay
has assisted us in our day-to-day
work and in attempting to meet new
national standards for processing
complaints.
Tim Huber, Counsel, has dealt with
many hearings for both the Discipline
and Education & Admissions
Committees, appeals to all levels of
Court, unauthorized practice
prosecutions and obtaining and
discharging trusteeship orders.
The Law Society is also pleased with
the work done on the Professional
Standards Committee Practice
Management Advisor Project. This
is a very proactive and positive
program which provides “hands on”
assistance to members. The other
positive is that this work also
prevents further complaints and
dissatisfaction on the part of clients
as well as claims/loss prevention,
which is of benefit to SLIA (which
also supports this program). The
Benchers have expanded this
proactive area to include the new
“Practice Review Program” to assist
members and protect the public.
New solo or small firm practitioners
automatically receive a mentoring
visit from a Practice Advisor, which
has been received with appreciation
from many members. The Practice
Advisors have been popular speakers
on issues of practice management.
They have also contributed articles to
the Benchers’ Digest on issues of
practice management and pitfalls to
avoid. The Practice Advisors
contracted by the Law Society are
Brent Gough, Q.C., Jeff Scott and
Victor Dietz, Q.C.
Amendments to The Legal
Profession Act, 1990, which came
into force on July 1, 2010, have been
in place and streamlining of the
complaints and discipline process has
been moving forward.
Our professional regulation team
continues to cultivate awareness
among members on issues of concern
and has spoken at various CBA and
local Bar meetings, as well as the
Law School and CPLED Bar Course.
In 2012, we participated in various
CPD “webinars” on Ethical issues for
Continuing Professional
Development credits. We take
approximately 185 calls annually
from members seeking “informal
ethics opinions” and welcome the
opportunity to assist in a proactive
way.
I thank our staff for their teamwork
and the Benchers for their work and
their support. I thank the
membership for their cooperation and
assistance in dealing with complaints.
I invite members to contact us if they
are involved in a complaint matter or
if they have questions about a
conduct or ethical issue or the
complaints process.
Professional Regulation …. By: Donna Sigmeth, Q.C.
Admissions & Education Committee Report
Annual Report 2012 9
With virtually unfettered movement of lawyers within Canada, it is crucial for lawyers to have a core set of knowledge and skills …. By: Dr. Greg Stevens
An effective and efficient Admissions
& Education Committee (A & E) is
necessary for the Law Society of
Saskatchewan to fulfill its mandate of
governing the legal profession in the
public interest. This mandate is not
antithetical to the interests of the
profession. Requiring a high standard
of knowledge, skill, and ethics in those
who practise law in Saskatchewan
helps protect the trust and confidence
the public must have in lawyers.
Public confidence is necessary if the
profession is to continue the privilege
and independence offered by self-
regulation.
In attempting to ensure those who
practise law in Saskatchewan are
qualified to do so, the A & E
Committee regulates admission
standards, education and competency
requirements, and develops policy that
is alive to issues and changes in the
profession – locally, nationally, and
globally. To that end, a sampling of
A & E Committee work during 2012
included:
ADMISSIONS
Reviewing numerous requests for
entry as a lawyer or student-at-law.
Typically, this involved considering
applications for Rule waivers from
those who received their legal
education outside of Canada and/or
who have experience practising law
outside of Canada;
Considering an individual’s
application for standing as a
Foreign Legal Consultant;
Holding a hearing related to a
student being found guilty of
plagiarism during the Bar
Admissions Program (CPLED);
and
Determining several reinstatement
applications.
EDUCATION
Considering whether the first three
years of the continuing professional
development (CPD) initiative met
its goals and if any aspect of the
program should be modified.
Overall, the program was a success,
with virtually all members meeting
or exceeding their continuing
education requirements. While it is
likely that elements of the program
will be modified in the future, the
program was well received and will
continue with a “rolling term”
format;
Requiring and implementing free
mandatory training on the new
Code of Professional Conduct;
Approving a variety of Rule
changes relating to articling
requirements and revisions to the
CPLED Handbook; and
Giving direction for the
development and/or refinement of
various forms, regulations, and
procedures designed to improve the
articling experience for students,
principals and law firms.
THE FUTURE The implementation of mobility and
trade agreements has had a significant
impact on the regulation of lawyers.
With virtually unfettered movement of
lawyers within Canada, it is crucial for
lawyers to have a core set of
knowledge and skills. Canadian legal
jurisdictions must have a common high
standard of entry that is assessed and
evaluated in a similar manner. As
such, the committee was active in
reviewing, developing, and providing
commentary on initiatives and
documents as diverse as:
The Federation of Law Societies of
Canada’s National Admission
Standards Project. The goal of this
initiative was to develop a
competency profile – essentially a
comprehensive minimum skill set –
required of all lawyers licensed in
Canada; and
The Law Society of Upper
Canada’s (LSUC) Articling
Taskforce report. For “Ontario
specific” reasons, LSUC reviewed
their post-degree practical legal
training process and requirements
(articles). They now allow students
to apply for registration following
the successful completion of
conventional articles or a “practical
legal training course.”
It was my privilege and honour,
particularly as an appointed Bencher, to
be entrusted by President Walen to
Chair the A & E Committee. Any
influence or success the committee
might have had is due to the significant
time and effort offered by fellow
committee members:
Darcia Schirr, Q.C. (Vice-Chair);
Dr. Sanjeev Anand, Q.C.;
Thomas Campbell;
Laura Lacoursiere; and
Michael Megaw, Q.C.
The vast majority of operational work
and initial policy and procedure
changes with which the committee
dealt were deftly handled by Andrea
Johnston, Director of Admissions &
Education and Samuel Bergerman,
Director of Bar Admissions, with the
ongoing support of Policy Counsel,
Barbra Bailey. Their efforts, and that
of other LSS staff, were greatly
appreciated.
The A & E Committee is also grateful
to those who volunteered their time on
the CPD Planning Committee,
including Richard Gibbons, Brian
Hendrickson, Q.C., Lynn Hnatick,
Erin Kleisinger, Jeff Scott and
Evert Van Olst.
Discipline Executive Committee Report
10 Annual Report 2012
As was the case with 2011, 2012 was
again a year of transition. The 2010
amendments to The Legal Profession
Act allow a Hearing Committee to
impose penalties in discipline
matters. Prior to these amendments
coming into force, the old regime
required penalties to be imposed by
the Discipline Committee, comprised
of all Benchers. Discipline matters
commenced prior to the amendments
are governed by the old legislation.
Consequently in 2012, a few matters
that were initiated prior to the
amendments, required that penalties
be assessed by all of the Benchers.
Moreover, it is anticipated that there
will be a small number of matters
that will be dealt with by all the
Benchers in 2013 as well.
While the Discipline Committee is
comprised of all of the Benchers, and
usually only convenes to deal with
sentencing under the old regime,
much of the discipline-related policy
work is conducted by the Discipline
Executive Committee. As always, the
members of the Discipline Executive
Committee brought a wealth of
diverse experience to bear on the
work of the committee. For 2012,
the Discipline Executive Committee
consisted of the following
individuals: Dr. Sanjeev Anand,
Q.C. (Chair), Paul Korpan, Q.C.,
Tom Healey, Peter Hryhorchuk,
Lorne Mysko and Darcia Schirr, Q.C.
President Greg Walen, Q.C. and
Vice-President Heather Laing, Q.C.
were ex officio members of the
committee.
The following is a statistical
summary of various discipline
matters dealt with in 2012:
a) 28 referrals to Discipline
Executive Committee (regarding
24 members);
b) 26 referrals to Discipline
Investigation Committee
(regarding 21 members);
c) 1 hearing and preliminary
motions;
d) 2 hearings and sentencings before
Benchers;
e) 3 hearings and sentencings before
Hearing Committee – New Act;
f) 1 sentencing hearing before
Benchers (hearing held in 2011);
g) 1 resignation in the face of
discipline equivalent to
disbarment;
h) 2 Conduct Review Appointments;
i) 1 Trusteeship;
j) 2 Special Fund payments;
k) 1 Application for Leave to
Appeal to the Supreme Court of
Canada.
(Please note that discipline matters
may have arisen from complaints
which came in years prior and the
statistics are not all related to the
same complaint files opened in
2012.)
In April of 2012, the Law Society
began participating in a pilot project
with respect to national discipline
standards. The project is facilitated
by the Federation of Law Societies of
Canada and identifies 24 standards
regarding timeliness, public
participation, openness, accessibility
and quality in professional discipline
proceedings. The pilot phase will
last for two years, during which the
participating Law Societies will
establish realistic standards to aspire
to attain. As a part of the process, the
Law Society has been identifying
ways to improve the efficiency of
both the processes it uses to carry out
its regulatory functions, as well as
ways to measure that efficiency.
This year, the Discipline Executive
Committee requested that the
Benchers approve a number of
legislative amendment
recommendations to the provincial
government pertaining to The Legal
Profession Act. For example, the Act
uses language based on the criminal
law context. Legislative language
governing professional discipline in
the context of administrative
proceedings should eschew such
terminology in favor of more
appropriate terms and phrases. For
example, upon the advice of the
Discipline Executive Committee, the
Benchers have asked the government
to consider changing terms and
phrases in the Act such as “guilt,”
“sentence,” “charge” and “formal
complaint” to terms and phrases like
“finding of conduct unbecoming,”
“penalty”, “allegation of conduct
unbecoming,” and “citation”
respectively.
The Law Society of Saskatchewan is
largely a volunteer organization and,
given the small number of Benchers,
problems sometimes arise pertaining
to delays in scheduling hearings and
concerning Bencher workload. Many
of these problems could be
ameliorated if there was a larger pool
to populate investigation committees
and hearing committees. As a result,
The Law Society has a responsibility to hold open and transparent discipline proceedings in order to fulfill its mandate of protecting the public interest and, as part of that responsibility, it publishes its discipline decisions …. By: Dr. Sanjeev Anand, Q.C.
Discipline Executive Committee Report
Annual Report 2012 11
the Discipline Executive Committee
recommended that the Act be
amended to allow members of the
Society who are not Benchers as well
as members of the public-at-large to
sit on hearing committee panels. The
Benchers have approved this
legislative amendment
recommendation to the provincial
government.
The Discipline Executive Committee
has examined ambiguities that
currently exist in a number of
legislative provisions governing the
conduct of the Discipline Committee.
The Discipline Executive Committee
has initiated discussion and debate
pertaining to these matters with the
rest of the Benchers. The hope is to
engage in a dialogue with the
provincial government on how best
to resolve the current legislative
ambiguities in a manner that is
consistent with the principles of
natural justice.
In 2012, the committee also reviewed
Law Society Rules 302 and 309. An
examination of these Rules revealed
that both Complaints Counsel and the
Conduct Investigation Committee
have the power to dismiss
complaints. However, the criteria to
be considered in doing so are not the
same. Consequently, the committee
proposed an amendment to Rule 302
to ensure that the grounds for
dismissal enumerated in it were
identical to those listed in Rule 309
(please note that the grounds for
dismissal enumerated in Rule 302(2)
were much narrower than those in
Rule 309(9)). A motion to adopt the
proposed amendments to Rule 302
was ultimately passed by the
Benchers.
During September Convocation, the
Discipline Executive Committee was
particularly active. It approved the
creation of a database for anonymous
Conduct Review summaries that will
be created for the Law Society
website. In addition, the committee
approved amendments to Rules 405,
430 and 431 in order to clarify that a
matter only becomes public at the
stage of appointment of a Hearing
Committee and service of the formal
complaint. A motion adopting these
amendments was passed by the
Benchers.
The Discipline Executive Committee
approved further Rule amendments
relating to transparency during
December Convocation. The Law
Society has a responsibility to hold
open and transparent discipline
proceedings in order to fulfill its
mandate of protecting the public
interest and, as part of that
responsibility, it publishes its
discipline decisions. In recent years,
the Supreme Court of Canada has
established the “open-court
principle,” which provides for a
presumption of openness at all stages
of proceedings. Generally, the Law
Society Rules promote the
presumption that hearings are open to
the public unless the Hearing
Committee orders otherwise, either
on the grounds of solicitor/client
privilege or on “compassionate”
grounds for particularly personal
information. However, the
Discipline Executive Committee
identified some gaps in the Rules that
could be interpreted as being
prohibitive and inconsistent with this
principle and other recent
developments in the courts. The
Discipline Executive Committee
recommended amending Rules 491
and 495 to clarify that the identity of
the member may be published,
whether or not there has been a
finding of conduct unbecoming, and
that all hearings will be open to the
public unless the Rules or The Legal
Profession Act, 1990 state otherwise.
Amendments were also made which
allow the publication of decisions at
various stages of the proceeding (i.e.,
finding of conduct unbecoming,
penalty).
Finally, the Discipline Executive
Committee dealt with the matter of
reciprocal disclosure in disciplinary
proceedings. The committee
approved an amendment to Rule 432
to require full and complete
disclosure to be made by both parties
in a disciplinary hearing and the
Benchers passed a motion approving
the amendment. Although the
committee received a legal opinion
indicating that this change is
procedural and not substantive in
nature, therefore the policy can apply
to matters already in the system, the
decision was made that the policy
will only apply to new matters.
As the foregoing reveals, 2012 was a
busy year for the committee.
However, the many accomplishments
of the committee would not have
been possible without considerable
assistance provided by the
professional staff of the Law Society.
Their diligence, insight and hard
work are very much appreciated.
Ethics Committee Report
12 Annual Report 2012
The Benchers of the Law Society are
charged with the responsibility of
reviewing ethical matters through the
Ethics Committee as established
pursuant to The Legal Profession Act,
1990. The Ethics Committee
receives matters for consideration
from Law Society personnel, the
Professional Standards Committee
and the Conduct Investigation
Committee. The Ethics Committee
will also review matters from
members asking for assistance with
ethical dilemmas, referred to the
committee as a “Request for Ruling.”
As a result, matters may come to the
Ethics Committee for initial
consideration or may arrive after
having been reviewed by other
committees with a view to obtaining
the Ethics Committee’s response.
The Ethics Committee meets prior to
Convocation of the Benchers and
considers those items referred to it
and placed on its agenda. The 2012
Ethics Committee consisted of
Michael Megaw, Q.C., Miguel
Martinez, Loreley Berra, Eileen
Libby, Q.C., Lorraine St. Cyr, Dr.
Greg Stevens, Evert Van Olst and
non-Bencher members, Donna
Sigmeth, Q.C., Jody Martin, Jennifer
Houser and Valerie Payne. I was
honoured to act as the Chairperson in
2012 for this committee.
The purpose of the Ethics Committee
rulings is to generally assist the
profession in carrying out its ethical
responsibilities. A database has been
developed by Law Society personnel
to record the Ethics Committee’s
determinations and to provide a
searchable database for the
profession to review those decisions.
In addition to its responsibility with
respect to individual matters, the
Ethics Committee is also charged
with the responsibility of maintaining
the Code of Professional Conduct. In
2012, the Ethics Committee spent
considerable time on the
development of a new Code of
Professional Conduct. 2012 also saw
the introduction of the new Model
Code of Professional Conduct.
The Model Code was endorsed by the
Benchers of the Law Society and
through the auspices of the Ethics
Committee, a series of education
seminars were completed by Mr.
Brent Cotter, Q.C., former Dean of
the College of Law, University of
Saskatchewan. Those seminars took
place throughout the province and
were required attendance for
members to allow them to become
familiar with the new provisions of
the Model Code. The seminars were
generally very well received and
were seen by the membership as a
good resource.
In addition to its work on the Model
Code, the Ethics Committee
reviewed a total of 14 matters during
2012. One of those matters was a
request for ruling received from a
member and 13 were complaints
matters referred by Law Society
Complaints Counsel.
The committee, together with the
very able assistance of Law Society
personnel, was able to deal with all
the issues referred to it and was able
to prepare written decisions on the
ethical considerations debated during
the Ethics Committee meetings.
I wish to thank the members of the
committee for their dedicated work in
reviewing material, which can
sometimes be volumes, for
considered debate on ethical matters
brought before the Ethics Committee.
The work load of the Ethics
Committee tends to be considerable.
It was a pleasure to work with
Benchers who are committed and
prepared and provide considered
input and judgment to assist in the
resolution of the matter before the
committee.
I also take this opportunity to thank
the Law Society personnel who assist
in preparing the materials for the
Ethics Committee and in providing
memorandums which summarize and
collate the material for the review of
committee members. Law Society
personnel are unfailing in the
generosity of their time and
assistance and really allow the Ethics
Committee to operate in the fashion
which is of greatest assistance to the
profession.
… the Ethics Committee spent considerable time on the development of a new Code of Professional Conduct …. By: Michael Megaw, Q.C.
Insurance Committee Report
Annual Report 2012 13
As past-Chair of the Law Society’s
Insurance Committee, I am pleased
to provide my report to you.
By now you will have received
notice of your 2013 - 2014 errors and
omissions insurance assessment and
you will have noted that although the
assessment increased from the
previous year, the Saskatchewan levy
continues to be one of the lowest in
Canada.
In April 2013, the Benchers approved
an increase in the levy to $1,560.
The increase is 52 percent more than
last year, but 30 percent less than the
base levy recommended by SLIA’s
actuary because we once again were
able to subsidize the levy by using
our surplus.
Attached are the financial statements
for the fiscal year ending June 30,
2012. The unfortunate timing of
issuing the Law Society Annual
Report in early June and a SLIA year
end of June 30th
make it such that the
audited financial statements are
almost one year out of date by the
time we report to you.
The June 30, 2012 financial
statements show that we enjoy a
strong surplus of $9,750,573.
Although it is less than the surplus of
12 months earlier, it exceeds the
minimum surplus recommended by
our actuary.
We expect the surplus to decrease
over time (to the level recommended
by our actuary) as the insurance levy
subsidy reduces it and because there
recently has been an increase in
claims activity and costs. Reasons
for the increase are difficult to
empirically identify, but the buoyant
Saskatchewan economy, inflated real
estate prices and increasing legal
costs are all likely contributors.
We are fortunate to have had stable,
affordable insurance coverage for the
past 25 years through a reciprocal
insurance company called Canadian
Lawyers Insurance Association
(CLIA). Our own insurance
company, Saskatchewan Lawyers’
Insurance Association Inc., along
with 9 other provinces and territories,
is a subscriber to this reciprocal.
Unlike commercial insurers, the
broad coverage provided by CLIA is
balanced to protect both risk to the
members’ financial security and to
indemnify members of the public
who have suffered a loss.
I want to take this opportunity to
thank the members of the 2012
Insurance Committee and SLIA’s
staff for their work during the past
year:
Benchers Joel Hesje, Q.C. and
Stephen Orlowski. Joining them was
Michael Milani, Q.C. (CLIA Chair)
and Patrick Kelly, Q.C. (past CLIA
board member).
The committee is responsible for
oversight of SLIA management,
including Stephen McLellan,
Insurance Director, and Tim Brown,
Counsel.
Your Errors & Omissions Insurance .… By: Miguel Martinez
Professional Standards Committee Report
14 Annual Report 2012
Committee Members:
Joel Hesje, Q.C., Chair
Thomas Healey, Vice-Chair
Robert Heinrichs, Vice-Chair
Miguel Martinez, Vice-Chair
Lorne Mysko, Vice-Chair
Stephen Orlowski, Vice-Chair
George Patterson, Q.C., Vice-Chair
Lorraine St. Cyr, Vice-Chair
The Law Society has a statutory duty
to protect the public, amongst other
things, by assuring the competence of
its members. The Professional
Standards Committee deals with
issues of competency in two ways.
The committee deals with specific
situations where the competency of a
lawyer has been called into question,
usually through the complaints
process. The committee also
provides resources to members on
matters that may impact competence.
In 2012, ten to fifteen percent (10 -
15%) of complaint files referred to
the committees were diverted to the
Professional Standards Committee.
The majority of complaints referred
to the committee related to delay,
failure to respond, lack of
communication and quality of legal
services provided. In many cases,
the competency issues could be
attributed to poor file and office
management. In most cases where a
complaint driven matter is referred to
the Chair, or Vice-Chair, of the
Professional Standards Committee, a
Practice Advisor is appointed to
assist with the review of the
complaint file and to conduct a Law
Office Management Review. Over
the past year, there were thirty-two
complaint driven matters considered
which resulted in the appointment of
a Practice Advisor to assist the
member.
In 2012, ten new sole practitioners
participated in the non-complaint
driven Practice Review Program
which continues to be a very
successful and well received
program. Over the past year, the
Professional Standards Committee
was also heavily involved in
considering advancements in legal
technology and the impact of these
changes on the profession. The
committee also focused on the
potential impact of these
developments on the regulation of the
profession generally. In particular,
the committee considered the impact
of trends and the direction of
paperless offices and “Cloud”
computing. These matters are being
carried forward to 2013 with the goal
of developing some guidance for the
profession who have chosen to take
advantage of this technology.
In 2012, the Professional Standards
Committee considered and reviewed
the demographics of referrals made
to the committee. This included an
analysis and breakdown of the
referrals by area of the province,
years at the bar, areas of practice and
firm size. The committee remains
proactive in watching for trends and
patterns that develop involving
practice management or professional
standards issues. In 2012, the
Professional Standards Committee
also continued its efforts to increase
the publicity of the Practice Review
Program, as well as consider new
initiatives to protect the public and
proactively assist members to
practice effectively and competently.
These initiatives are ongoing and will
be carried on by the 2013 committee.
The committee wishes to recognize
the valuable assistance provided by
Law Society staff in 2012.
The committee remains proactive in watching for trends and patterns that develop involving practice management or professional standards issues .… By: Joel Hesje, Q.C.
Benchers and Professional Staff
Annual Report 2012 15
Benchers
Dr. Sanjeev Anand, Q.C. Miguel Martinez
Loreley Berra Michael Megaw, Q.C.
Thomas Campbell Lorne Mysko
Thomas Healey Stephen Orlowski
Robert Heinrichs George Patterson, Q.C.
Joel Hesje, Q.C. Darcia Schirr, Q.C.
Peter Hryhorchuk Lorraine St. Cyr
Paul Korpan, Q.C. Dr. Greg Stevens
Laura Lacoursiere Della Stumborg
Heather Laing, Q.C. (Vice-President) Evert Van Olst
Eileen Libby, Q.C. Gregory Walen, Q.C. (President)
Professional Staff
Thomas Schonhoffer, Q.C. – Executive Director
Donna Sigmeth, Q.C. – Deputy Director/Complaints Counsel
Timothy Huber – Counsel
Barbra Bailey – Policy Counsel
Jody Martin – Complaints Counsel
Jennifer Houser – Complaints Counsel
Valerie Payne – Complaints Counsel
Stephen McLellan – Insurance Director, SLIA
Timothy Brown – Counsel, SLIA
John Allen, CA – Auditor/Inspector
Stephanie Yakimowski, CA – Senior Auditor
Andrea Johnston – Director of Admissions & Education
Lana Vindevoghel – CPD Program Specialist
Sam Bergerman – Director of Bar Admissions
Melanie Hodges Neufeld – Director of Legal Resources
2012 Committees
16 Annual Report 2012
ADMISSIONS & EDUCATION ETHICS Dr. Greg Stevens, Chair Michael Megaw, Q.C., Chair
Darcia Schirr, Q.C., Vice-Chair Miguel Martinez, Vice-Chair
Dr. Sanjeev Anand, Q.C. Loreley Berra
Thomas Campbell Eileen Libby, Q.C.
Laura Lacoursiere Lorraine St. Cyr
Michael Megaw, Q.C. Dr. Greg Stevens
Non-Bencher Members Evert Van Olst
Tom Schonhoffer, Q.C. Non-Bencher Members Andrea Johnston Donna Sigmeth, Q.C.
Sam Bergerman Jody Martin
Jennifer Houser
Valerie Payne
DISCIPLINE PROFESSIONAL STANDARDS Dr. Sanjeev Anand, Q.C., Chair Joel Hesje, Q.C., Chair
Paul Korpan, Q.C., Vice-Chair Thomas Healey, Vice-Chair
Thomas Healey, Vice-Chair Robert Heinrichs, Vice-Chair
Peter Hryhorchuk, Vice-Chair Miguel Martinez, Vice-Chair
Lorne Mysko, Vice-Chair Lorne Mysko, Vice-Chair
Darcia Schirr, Q.C., Vice-Chair Stephen Orlowski, Vice-Chair
Non-Bencher Members George Patterson, Q.C., Vice-Chair
Donna Sigmeth, Q.C. Lorraine St. Cyr, Vice-Chair
Tim Huber Non-Bencher Members Jody Martin Donna Sigmeth, Q.C.
Jennifer Houser Jody Martin
Valerie Payne Jennifer Houser
Valerie Payne
EXECUTIVE INSURANCE Gregory Walen, Q.C., President Miguel Martinez, Chair
Heather Laing, Q.C., Vice-President Joel Hesje, Q.C., Vice-Chair
Paul Korpan, Q.C., Past President Stephen Orlowski
Non-Bencher Member Non-Bencher Members
Tom Schonhoffer, Q.C., Executive Director Patrick Kelly, Q.C.
Michael Milani, Q.C.
Stephen McLellan
Tom Schonhoffer, Q.C.