The Canadian Judicial Council has dismissed allegations of conflicts by three judges who attended privately sponsored receptions or conferences.
The three judges, all of whom hear tax cases, landed in hot water after the CBC and Radio-Canada reported that they had attended social events at an International Fiscal Association Conference in Madrid in September 2016. The conference was approved by the CJC as a continuing education opportunity for judges involved in tax law matters.
A securities class action recently certified by the Ontario Superior Court of Justice highlights the perils of lawyers taking on directorships, draws attention to potential conflicts of interests and indirectly raises questions over privilege.
While a growing number of law firms across the country have over the past few years discouraged partners from becoming directors due to conflicts of interest and increased exposure to suits, the class action certification will likely lead to even more wariness.
“There certainly has been a chill over the last five years, and this certification may result in a further chill,” noted Wendy Berman, a partner in Heenan Blaikie’s Toronto office who practices commercial litigation with an emphasis on securities-related litigation. “It’s a difficult role, and law firms are starting to recognize that.” (more…)