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DISCIPLINE
witness immunity for experts
Many civil cases involve the use of expert witnesses, many of whom belong to regulated professions. The issue of witness immunity for experts is not a common area of dispute, but conceptionally, there may be significant repercussions for the professional involved as an expert. Harvey Morrison outlines the basic issues governing witness immunity, and then considers the principles and case authorities relating to how witness immunity may affect the ability of professional bodies to discipline their members. Despite the number of professionals who give expert evidence, the courts have not had to address very often witness immunity and the ability of professional bodies to discipline their members. It is generally assumed in Canada that witness immunity does not insulate a professional from disciplinary action. However, there is at least one recent decision which calls this approach into question.
CONFLICTS
the duty of loyalty post-Neil
The landscape of conflicts in Canada has changed drastically in the last few years, particularly as it relates to current clients. In the Supreme Court of Canada decision in R. v. Neil, the duty of loyalty as it pertains to the solicitor-client relationship was considered by the Court. Frank Bowman and Meghan Thomas review the impact of the Neil decision and comment on some of the case law following that has expanded the duty of loyalty. Specifically, the authors review the post-Neil interpretation of the duty of loyalty in relation to insurance clients, which were set out in Axa Insurance Company et al and Travelers Casualty & Surety Co. of Canada et al.
PROFESSIONAL CONDUCT
discretionary trading: grounds for dismissal
The courts have found that brokerage firms have grounds for dismissal for cause where a broker makes trades in clients’ accounts without specific instructions, which typically arise in cases where stockbrokers were being dishonest with their clients and/or their employer. However, the Ontario Superior Court of Justice has recently held that the prohibition against discretionary trading is such a serious breach of industry rules and regulations, that even where clients understand that the stockbroker will be using discretion, and even where the stockbroker acknowledges the improper use of discretion to the employer, discretionary trading may nonetheless be grounds for dismissal. Bruce Carr-Harris reviews the concept of discretionary trading in the brokerage industry and reviews some recent decisions regarding brokers. |
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Frank E. P. Bowman
Fraser Milner
Casgrain LLP
Bruce Carr-Harris
Borden Ladner Gervais LLP
Robert A. Hodgins
Singleton Urquhart LLP
David I. Marr
Campbell, Marr LLP
Harvey L. Morrison
McInnes Cooper |