• 34th Annual Joint Insurance Seminar

    Thursday, December 3rd, 2020
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  • The Adaptive Lawyer: Diversifying Your Practice

    Thursday, September 3rd, 2020
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  • New Lawyers' Seminar

    Thursday, September 10th, 2020
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  • Corporate Commercial Law Seminar

    Thursday, October 8th, 2020
    9:00 a.m. - 1:30 p.m.
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  • Family Law Seminar

    Thursday, October 29th, 2020
    1:00 p.m. - 3:45 p.m.
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  • Emerging Issues in Real Estate Seminar

    Wednesday, November 4th, 2020
    9:00 a.m. - 1:00 p.m.
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  • Employment Law Seminar

    Thursday, November 12th, 2020
    2:00 p.m. - 4:45 p.m.
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  • Hamilton Law Association Operations re. COVID-19 and Related Notices to the Profession

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HLA News

JULY 7 - Re-Opening Ontario: A Flexible Response to COVID-19 Act, 2020

Jul 07, 2020
Since we first learned of COVID-19, our government has responded to the situation and continues to act decisively to contain the spread of this deadly virus. Nothing is more important than protecting Ontarians. While the declaration of emergency may come to an end shortly, the danger posed by COVID-19 will continue for months to come. That is why Ontario has introduced the Re-Opening Ontario – A Flexible Response to COVID-19 Act, 2020 that would, if passed, support the continued efforts to reopen Ontario in a way that recognizes that the impact of COVID-19 may still be felt for an extended period of time after the declaration of emergency is over.

This proposed legislation would allow the province to continue its path to recovery by easing restrictions where appropriate, while keeping in place measures to address the continuing threat from COVID-19. Emergency orders made under the Emergency Management and Civil Protection Act (EMCPA) that are in effect when the new legislation comes into force would be maintained under the new legislation. The proposed legislation also increases flexibility and efficiency by allowing all orders continued under the act to be extended for up to 30 days at a time. However, it will not permit the creation of new orders.

The ability to extend or amend orders under this legislation would automatically cease after one year unless extended by the Legislature and the legislation would mandate reporting to the Legislature after this one-year period and after any period during which those powers have been extended. To further ensure appropriate oversight and transparency, the proposed legislation would mandate reporting at least once every 30 days to a committee of the Legislature on the rationale for the extension of any orders.

There are three emergency orders made by the Ministry of the Attorney General that I would like to point your attention to: O. Reg. 73/20 – Limitation Periods; O. Reg. 76/20 – Electronic Service; and O. Reg. 129/20 – Signatures in Wills and Powers of Attorney.
Further to my consultation with the judiciary and legal organizations, on June 5, 2020 the Lieutenant Governor in Council amended O. Reg. 73/20 made under s. 7.1 of the EMCPA, suspending limitation and procedural time periods to extend the order up to and including September 11, 2020. As noted above, the Re-Opening Ontario – A Flexible Response to COVID-19 Act, 2020, would provide for 30-day extensions of orders. As a result, if passed the government intends to continue to extend the limitation and procedural time periods order until the previously announced date of September 11, 2020 given the need for predictability and notice to the profession and the public that we heard about during the consultations.

If passed, O. Reg. 129/20 that authorizes witnessing wills and powers of attorney virtually and O. Reg. 76/20 that authorizes electronic service would also be subject to the 30-day extension period set out in the Re-Opening Ontario – A Flexible Response to COVID-19, 2020. We will continue to monitor these orders to assess whether an extension of these orders may also be necessary.

The needs of the justice sector have changed during this outbreak, and the demands on the system will continue to evolve as the province reopens in stages. We will continue to act on the guidance of public health experts and will continue to work together to respond to these unprecedented challenges.

Doug Downey
Attorney General

The Hamilton Law Association supports and stands with Hamilton lawyers and paralegals in the call to end all forms of systemic racism and racial discriminationhttps://lso.ca/about-lso/initiatives/edi

Notices to the Profession and Other HLA News re. COVID-19

JULY 7 - Re-Opening Ontario: A Flexible Response to COVID-19 Act, 2020

Jul 07, 2020
Since we first learned of COVID-19, our government has responded to the situation and continues to act decisively to contain the spread of this deadly virus. Nothing is more important than protecting Ontarians. While the declaration of emergency may come to an end shortly, the danger posed by COVID-19 will continue for months to come. That is why Ontario has introduced the Re-Opening Ontario – A Flexible Response to COVID-19 Act, 2020 that would, if passed, support the continued efforts to reopen Ontario in a way that recognizes that the impact of COVID-19 may still be felt for an extended period of time after the declaration of emergency is over.

This proposed legislation would allow the province to continue its path to recovery by easing restrictions where appropriate, while keeping in place measures to address the continuing threat from COVID-19. Emergency orders made under the Emergency Management and Civil Protection Act (EMCPA) that are in effect when the new legislation comes into force would be maintained under the new legislation. The proposed legislation also increases flexibility and efficiency by allowing all orders continued under the act to be extended for up to 30 days at a time. However, it will not permit the creation of new orders.

The ability to extend or amend orders under this legislation would automatically cease after one year unless extended by the Legislature and the legislation would mandate reporting to the Legislature after this one-year period and after any period during which those powers have been extended. To further ensure appropriate oversight and transparency, the proposed legislation would mandate reporting at least once every 30 days to a committee of the Legislature on the rationale for the extension of any orders.

There are three emergency orders made by the Ministry of the Attorney General that I would like to point your attention to: O. Reg. 73/20 – Limitation Periods; O. Reg. 76/20 – Electronic Service; and O. Reg. 129/20 – Signatures in Wills and Powers of Attorney.
Further to my consultation with the judiciary and legal organizations, on June 5, 2020 the Lieutenant Governor in Council amended O. Reg. 73/20 made under s. 7.1 of the EMCPA, suspending limitation and procedural time periods to extend the order up to and including September 11, 2020. As noted above, the Re-Opening Ontario – A Flexible Response to COVID-19 Act, 2020, would provide for 30-day extensions of orders. As a result, if passed the government intends to continue to extend the limitation and procedural time periods order until the previously announced date of September 11, 2020 given the need for predictability and notice to the profession and the public that we heard about during the consultations.

If passed, O. Reg. 129/20 that authorizes witnessing wills and powers of attorney virtually and O. Reg. 76/20 that authorizes electronic service would also be subject to the 30-day extension period set out in the Re-Opening Ontario – A Flexible Response to COVID-19, 2020. We will continue to monitor these orders to assess whether an extension of these orders may also be necessary.

The needs of the justice sector have changed during this outbreak, and the demands on the system will continue to evolve as the province reopens in stages. We will continue to act on the guidance of public health experts and will continue to work together to respond to these unprecedented challenges.

Doug Downey
Attorney General

Message from the President

COWAN Kanata 2019

Kanata Cowan, President 2020-2021

I write my second President’s Report, summer is upon us and courts are on the verge of offering additional services with a planned partial reopening on July 6th. The COVID-19 global pandemic has both consumed us and informed us. Issues of poverty, care for the elderly and systemic racial inequality have been brought to the forefront of our thoughts as horrible injustices have occurred before our eyes on national news.

While words are never wholly adequate, at this time words may inspire and I have both the duty and the opportunity to write as the President of The Hamilton Law Association. At The Hamilton Law Association, we stand in solidarity with the rest of humanity in taking a stand against racism. The Hamilton Law Association and its Trustees are steadfast in their commitment to justice, inclusion, fairness, and equity. We unequivocally condemn racism, violence, and discrimination of any kind.

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The Hamilton Law Association

The Association’s affairs are governed by trustees and officers who ensure that Association undertakings are within the mandate and in the best interests of our legal community. The many valued volunteers who are members of the numerous committees within the structure of the HLA strive to represent our membership consistently and effectively. The Anthony Pepe Memorial Law Library, operated within the scope of the HLA, is one of the largest law libraries in Ontario and houses over 30,000 volumes.

The Hamilton Law Association continues to strive to educate and support its membership in the practice of law as well as to advocate for their interests as lawyers...

The staff of the Hamilton Law Association (HLA) Library cannot provide legal advice or research to members of the public directly. The HLA Library is a private library for the use of its members, and members of the Law Society of Ontario only. For information on finding legal help in Ontario please try the Bora Laskin Law Library's Guide to Finding Legal Help in Ontario, or to search for a lawyer practising in the Hamilton area try the HLA Find a Lawyer page.

This Web site is not intended to provide legal advice. It is intended to supply general information to our members. The information contained and distributed on this site does not contain any legal opinions and does not necessarily reflect the opinions of the Hamilton Law Association.

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