Legal Ethics – Page 2 – Noel Semple, J.D., Ph.D.

Building Up the Rule of Law in Ontario – Ministerial Zoning Orders and the Ford Government

October 7, 2021November 9, 2023 Noel Semple

Slaw.ca Column, October 7, 2021

Found online at: http://www.slaw.ca/2021/10/07/building-up-the-rule-of-law-in-ontario-ministerial-zoning-orders-and-the-ford-government/

“Should they really be allowed to put up that building there?!” Land development is controversial, especially in areas that are growing quickly. As someone who is running for office in one such area, I have heard quite a bit about these issues from voters.

The issues are seldom black and white.

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What’s Your Procedural Pet Peeve?

August 13, 2021November 9, 2023 Noel Semple

Slaw.ca Civil Procedure Column, August 13, 2021

Found online at: http://www.slaw.ca/2021/08/13/whats-your-procedural-pet-peeve/

Our justice system isn’t all bad, and in some ways it’s getting better. Some things in the system might have to be difficult and complicated, because life is complicated and so is the law. But there are also plenty of things that seem unnecessarily difficult and complicated. I’m talking about things that could be fixed without a lot of controversy or money, just by thinking carefully about how they affect the system’s users.

One that has always irritated me is Rule 4 (“Court Documents”) in Ontario’s Rules of Civil Procedure. It lays out all of the technical requirements for documents used in Ontario actions and applications. (I dare you to read it through.)

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Standards, Rules, and Law’s Quest for Certainty

June 11, 2021November 9, 2023 Noel Semple

Slaw.ca Access to Justice Column, June 11, 2021

Found online at: http://www.slaw.ca/2021/06/11/standards-rules-and-laws-quest-for-certainty/

Law should be drafted in a way that prevents litigation. Statutes, regulations, and precedents should ideally let people predict the decisions that legal authorities would make, if presented with certain facts. If the “shadow of the law” is sharp and clear, then people can avoid and resolve disputes instead of spending time and money litigating over them.

Often, however, it is difficult to create law that both keeps people out of court, and ensures that the resolutions they reach out of court are fair and just.

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The Accountability Gap and The Struggles of Our Civil Justice System

April 22, 2021November 9, 2023 Noel Semple

Slaw.ca Legal Ethics Column, April 22, 2021

Found online at: https://www.slaw.ca/2021/04/22/the-accountability-gap-and-the-struggles-of-our-civil-justice-system/

Conflict management systems are increasingly common within large corporations and other organizations. Workplace interpersonal disputes and bad behaviour are inevitable, but also manageable. Interests can be reconciled, rights can be upheld, and peace can be restored. A conflict management system is built to do exactly that.

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If You See Something, Say Nothing: Why Lawyers Don’t Report to the Law Society

December 2, 2020November 9, 2023 Noel Semple

Slaw.ca Legal Ethics Column, December 2, 2020

Online at: https://www.slaw.ca/2020/12/02/if-you-see-something-say-nothing-why-lawyers-dont-report-to-the-law-society/

In identifying professional misconduct, legal regulators are heavily reliant on client complaints and receive relatively little help from practitioners. For example, 71% of complaints to the Law Society of Ontario in 2019 were brought forward by members of the public (typically clients) while only 12% came from legal professionals. The problem is that there are many forms of professional misconduct that only professionals, and not clients, can readily identify. Misconduct therefore goes undetected, leaving clients and others to be victimized by bad lawyers who should have been caught after previous offences.

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