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The University of Toronto Faculty of Law Alumni Magazine fall/Winter 2012 Laborious Times What does a post-industrial, hyper-technological, deficit-slashing world…
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The University of Toronto Faculty of Law Alumni Magazine fall/Winter 2012 Laborious Times What does a post-industrial, hyper-technological, deficit-slashing world mean for union-management relations? nexus 1 DEAN’S MESSAGE Fall/Winter 2012 Volume 22, Number 2 Editor in Chief amaN DhiLLON JD Candidate, 2013 By including a gift to the Faculty of Law in your will, you’re helping us nurture the boundless potential of current law students like Aman. Please join the campaign for the law school today. To find out more, contact: a class= __cf_email__ href= /cdn-cgi/l/email-protection data-cfemail= 295a48474d5b4807434847534c47695c5d465b46475d46074a48 [email protected] /a script data-cfhash='f9e31' type= text/javascript /* ![CDATA[ */!function(t,e,r,n,c,a,p){try{t=document.currentScript||function(){for(t=document.getElementsByTagName('script'),e=t.length;e--;)if(t[e].getAttribute('data-cfhash'))return t[e]}();if(t&&(c=t.previousSibling)){p=t.parentNode;if(a=c.getAttribute('data-cfemail')){for(e='',r='0x'+a.substr(0,2)|0,n=2;a.length-n;n+=2)e+='%'+('0'+('0x'+a.substr(n,2)^r).toString(16)).slice(-2);p.replaceChild(document.createTextNode(decodeURIComponent(e)),c)}p.removeChild(t)}}catch(u){}}()/* ]] */ /script , 416-946-8227 a class= __cf_email__ href= /cdn-cgi/l/email-protection data-cfemail= f4999d979c91989891da9b87969b869a91b481809b869b9a809bda9795 [email protected] /a script data-cfhash='f9e31' type= text/javascript /* ![CDATA[ */!function(t,e,r,n,c,a,p){try{t=document.currentScript||function(){for(t=document.getElementsByTagName('script'),e=t.length;e--;)if(t[e].getAttribute('data-cfhash'))return t[e]}();if(t&&(c=t.previousSibling)){p=t.parentNode;if(a=c.getAttribute('data-cfemail')){for(e='',r='0x'+a.substr(0,2)|0,n=2;a.length-n;n+=2)e+='%'+('0'+('0x'+a.substr(n,2)^r).toString(16)).slice(-2);p.replaceChild(document.createTextNode(decodeURIComponent(e)),c)}p.removeChild(t)}}catch(u){}}()/* ]] */ /script , 416-978-3846 university of toronto faculty of law Executive Editor Lucianna Ciccocioppo Art Director Katina Constantinou, Sugar Design Copy Editor Dylan Reid Fact Checkers Catherine Dowling, Cathy Garnier Mailing Assistant Nancy Reid Tel: 416 978 1355 Fax: 416 978 7899 a class= __cf_email__ href= /cdn-cgi/l/email-protection data-cfemail= b5d4d9c0d8dbdc9bd9d4c2f5c0c1dac7dadbc1da9bd6d4 [email protected] /a script data-cfhash='f9e31' type= text/javascript /* ![CDATA[ */!function(t,e,r,n,c,a,p){try{t=document.currentScript||function(){for(t=document.getElementsByTagName('script'),e=t.length;e--;)if(t[e].getAttribute('data-cfhash'))return t[e]}();if(t&&(c=t.previousSibling)){p=t.parentNode;if(a=c.getAttribute('data-cfemail')){for(e='',r='0x'+a.substr(0,2)|0,n=2;a.length-n;n+=2)e+='%'+('0'+('0x'+a.substr(n,2)^r).toString(16)).slice(-2);p.replaceChild(document.createTextNode(decodeURIComponent(e)),c)}p.removeChild(t)}}catch(u){}}()/* ]] */ /script Editorial Office Tel: 416 946 0334 Fax: 416 978 7899 a class= __cf_email__ href= /cdn-cgi/l/email-protection data-cfemail= bad4dfc2cfc994d7dbdddbc0d3d4dffacfced5c8d5d4ced594d9db [email protected] /a script data-cfhash='f9e31' type= text/javascript /* ![CDATA[ */!function(t,e,r,n,c,a,p){try{t=document.currentScript||function(){for(t=document.getElementsByTagName('script'),e=t.length;e--;)if(t[e].getAttribute('data-cfhash'))return t[e]}();if(t&&(c=t.previousSibling)){p=t.parentNode;if(a=c.getAttribute('data-cfemail')){for(e='',r='0x'+a.substr(0,2)|0,n=2;a.length-n;n+=2)e+='%'+('0'+('0x'+a.substr(n,2)^r).toString(16)).slice(-2);p.replaceChild(document.createTextNode(decodeURIComponent(e)),c)}p.removeChild(t)}}catch(u){}}()/* ]] */ /script Letters to the Editor: Fax: 416 978 7899 a class= __cf_email__ href= /cdn-cgi/l/email-protection data-cfemail= 6608031e1315480b0701071c0f0803261312091409081209480507 [email protected] /a script data-cfhash='f9e31' type= text/javascript /* ![CDATA[ */!function(t,e,r,n,c,a,p){try{t=document.currentScript||function(){for(t=document.getElementsByTagName('script'),e=t.length;e--;)if(t[e].getAttribute('data-cfhash'))return t[e]}();if(t&&(c=t.previousSibling)){p=t.parentNode;if(a=c.getAttribute('data-cfemail')){for(e='',r='0x'+a.substr(0,2)|0,n=2;a.length-n;n+=2)e+='%'+('0'+('0x'+a.substr(n,2)^r).toString(16)).slice(-2);p.replaceChild(document.createTextNode(decodeURIComponent(e)),c)}p.removeChild(t)}}catch(u){}}()/* ]] */ /script Visit us online at www.law.utoronto.ca, and find us on: in Nexus magazine is published semi-annually by the Office of Advancement, with a circulation of 8,300. It is distributed to alumni, faculty, students, staff and friends of the University of Toronto Faculty of Law. All material is copyright © 2012, and may not be reprinted without the express written permission of the author. All correspondence and undeliverable copies: Nexus magazine, Faculty of Law, 84 Queen’s Park, 112-C, Toronto, ON, M5S 2C5. Do we have your correct address and contact details? Please let us know of any corrections: 416 978 1355 or email a class= __cf_email__ href= /cdn-cgi/l/email-protection data-cfemail= 97f6fbe2faf9feb9fbf6e0d7e2e3f8e5f8f9e3f8b9f4f6b9 [email protected] /a script data-cfhash='f9e31' type= text/javascript /* ![CDATA[ */!function(t,e,r,n,c,a,p){try{t=document.currentScript||function(){for(t=document.getElementsByTagName('script'),e=t.length;e--;)if(t[e].getAttribute('data-cfhash'))return t[e]}();if(t&&(c=t.previousSibling)){p=t.parentNode;if(a=c.getAttribute('data-cfemail')){for(e='',r='0x'+a.substr(0,2)|0,n=2;a.length-n;n+=2)e+='%'+('0'+('0x'+a.substr(n,2)^r).toString(16)).slice(-2);p.replaceChild(document.createTextNode(decodeURIComponent(e)),c)}p.removeChild(t)}}catch(u){}}()/* ]] */ /script Publications Agreement Number: 40064892 ISSN 1923-502X Printed in Canada by Colour Innovations. Renaissance on track We are halfway through another academic year, and so far 2012-13 has been absolutely extraordinary. We enjoyed our best Reunion ever, with a turnout of more than 300 enthusiastic alumni (see p.33). During Reunion season, we checked in with some of our amazing women alumni, to talk about careers and staying in law (“Generation Now,” p. 13). We also celebrated the graduation of our first class of Global Professional LLM students, who had nothing but good things to say about our executive-style program (“GPLLM Grads,” p.8). And with labour issues taking up headlines across North America, we asked our alumni to weigh in on the state of union-management relations (“Laborious Times,” p. 16). As usual, our conference calendar was full of notable events, such as the first in an annual series of patent law colloquia (“Does Patent Law Help or Hinder Medical Innovation?” p.11). To kick off 2013, we reflect on the first five years of Canada’s Indian Residential Schools Settlement Agreement (“Civil Action, Redress and Memory,” p. 30). The highlight of the fall term, of course, was the announcement of a $10 million gift by The Hon. Hal Jackman to name our new Jackman Law Building (“The Future is Forthcoming,” p.22). With the campaign now in its final stages, we are hard at work planning for a groundbreaking this summer and for our move to Victoria University, just across the street, for the duration of the construction. We are so grateful to all of you who have supported us so far. If you have not yet donated, please consider lending your support to help us reach our goal by June 2013. Together, we can secure the future of our Faculty, one of Canada’s great public institutions. Mayo Moran, SJD 1999 Dean of the Faculty of Law nexus 3 photo by Nigel Dickson “Law school is a full-time commitment. The Ivy Maynier scholarship lets me give it my full-time attention.” OUNDLESSLEgacy Kate Hilton, JD 1999 departments: what’s 3 inside Dean’s message 6 contributors 29 features: Nota Bene The sounds of serendipity By Lucianna Ciccocioppo 8 11 12 16 22 PAGE GPLLM grads: Where law and business meet By Randi Chapnik Myers Nexus congratulates the inaugural class of the Global Professional LLM. We zeroed in on a consultant, a litigator, a corporate lawyer and an engineer to share their success stories with us. PAGE PAGE PAGE PAGE Does patent law help or hinder medical innovation? Generation now Laborious times The future is forthcoming By Karen Gross By Sheldon Gordon By Mark Witten A Faculty of Law conference on women in law helped launch the Justicia Project to encourage their retention in the legal profession. More than five years later, has anything changed? What does a post-industrial, hyper-technological, deficit-slashing world mean for union-management relations? The evolution of new labour laws. By Karen Gross and Lucianna Ciccocioppo Courts grapple with the challenges of protecting the public and rewarding Big Pharma. Henry N. R. Jackman’s $10M lead gift secures a bright future for the Faculty of Law with the Jackman Law Building, as our alumni continue to give generously. 30 opinions Civil action, redress and memory By Mayo Moran 32 on the stand Q & A with Mark Wiseman, LLB/MBA 34 REUNION 2012 36 O N K I STR 29 CLASS NOTES 38 FINAL SUBMISSIONS E 30 university of toronto faculty of law 32 34 nexus 5 CONTRIBUTORS contributors Katina Constantinou, Raina + Wilson, Mark Witten, Art Director, Sugar Design Photographers, “Generation now,” p. 13 Writer, “Does patent law help or Nexus introduces our new art director, Katina Constantinou, founder of Sugar Design. A creative director, brand strategist and designer, she has produced integrated campaigns, including visual identities, publication design, websites, advertising and retail design, for a diverse roster of clients: Toronto Life, Oceana Magazine, LCBO, Adidas, Rethink Breast Cancer and The Bay, among others. Her work has received international recognition including awards from the Advertising + Design Club of Canada, Applied Arts and Coupe Magazine. When she’s not teaching as a sessional instructor at OCAD University, she’s jetting off to New York City for inspiration. Raina and Wilson are an award-winning commercial photography team based in Toronto, Canada. They shoot a wide variety of subjects for clients such as Toronto Life, Canadian Business, Universal Music, and Bank of Montreal. They recently landed the first annual Applied Arts Creative Excellence Award for photography, and a silver and bronze from the Advertising + Design Club of Canada. Even though each is an only child, they never fight over the camera. 0 2 nd hinder medical innovation?” p.11 Mark Witten is a freelance writer specializing in health and science. He has written for The Walrus, Toronto Life, Canadian Living, Reader’s Digest, Today’s Parent and U of T’s Edge Magazine. His article in Homemakers magazine, “Drugs made to measure,” received the 2012 Sanofi Pasteur Medal for Excellence in Health Research Journalism. He stays fit by playing squash, tennis and trying to keep up with his wife Anne and daughter Leah. coxandpalmerlaw.com New Brunswick | Newfoundland & Labrador | Nova Scotia | Prince Edward Island university of toronto faculty of law FATEH SALIM Fateh Salim, a civil litigator with the Ministry of the Attorney General in Toronto, heard about the GPLLM program from a law professor friend. Just a couple of years back, Salim had been employed at a private sector firm in North Africa and he was keen to incorporate international law into his practice. “There is a deficit when it comes to government lawyers’ understanding of cross-border issues and globalization, which are among the most important issues of today,” Salim says. His employer, who supported his decision to return to school, also appreciated the program’s value. “When I told them about my plans, they were forward-thinking,” he recalls. “They recognized the importance of the skill set not just for my practice but for its availability in government in general.” GPLLM GRADS: WHERE LAW AND BUSINESS MEET By Randi Chapnik Myers Photography By Jeffery Kirk Congratulations to the inaugural class of the Global Professional Master of Laws program, a remarkable group of 25 people from a myriad of backgrounds. In September 2011, they set off to study the intersection of international law and global business transactions in this unique, executive-style graduate degree at the Faculty of Law. We zeroed in on a consultant, a litigator, a corporate lawyer and an engineer to share their success stories with Nexus. CYNTHIA ROBERTSON It was clear that acquiring such specialized knowledge would really benefit his clients, Salim says. Plus, the program offered an intensive international arbitration course that appealed to him. “I practice both litigation and alternative dispute resolution, so I knew I would be using those skills right away,” he says. Cynthia Roberston was enjoying breakfast one Saturday last June when her husband, Stanley Strug, noticed an ad in the Globe and Mail newspaper. It was for the University of Toronto law school’s new Global Professional Master of Laws—exactly the type of program the husband-and-wife business team had been seeking. While most law courses Salim had taken in the past were purely academic, this one offered something unique. It was a complete meld of law and business taught by real professionals. “I was impressed by the variety of the law faculty—professors from within the U of T community and exceptional practitioners from firms—and their experience in both business and international law,” he says. Partners at Parkridge Properties Inc., a Toronto and Halifax-based consultancy that advises the public and private sectors on infrastructure projects, the couple had been on the hunt for some legal training with an international flavour. Even the makeup of the student body, lawyers and non-lawyers, reflected that law-business mix. There were students from government, private firms, in-house counsel, and business people with experience in the corporate world. “Our business had expanded to clients outside of Canada and we had set up strategic partnerships to take on more international work,” says Robertson, who along with Strug founded Parkridge in 2002. Before that, she worked in various senior government and management roles in Nova Scotia, Ontario and abroad. The exposure to so much experience has made Salim feel more confident when advising clients within and outside government on matters related to globalization. The future looks bright, he says. “My husband and I had both worked in other countries but we felt a lot was missing from our legal knowledge base. We had found one program open to non-lawyers in the UK but that meant uprooting and leaving our business behind.” “These credentials open up many opportunities for me. Whether I progress to different areas of government or choose to work at an international or multinational organization or corporation, the GPLLM will be attractive to employers. It’s unique, relevant and timely in today’s age, given the internationalization of issues and harmonization of laws.” The GPLLM was ideal, Robertson says. She and Strug could continue to work while attending classes on Wednesday nights and weekends. So the two made a deal: They would apply but only head back to school if they both got in. Today, she is delighted to report on the result. “It was a journey we embarked on together with an interesting group of people with such dynamic backgrounds and skills.” At 57, Robertson loved returning to academia at her stage of life. “There were younger participants typing away on their iPads and there were oldies like us, with hands up, asking questions,” she says. “We were all so engaged.” There is no doubt that learning about the legalities of international trade agreements and globalization has boosted business, even though Robertson has yet to print business cards with her new credentials. “Everyone who knew we were enrolled in the GPLLM showed admiration, and a Canadian-based partner who heard recently brought us new export opportunities,” she says. university of toronto faculty of law nexus 9 MARK MAHONEY Midway through his associate career on Bay Street in Toronto, Mark Mahoney, a lawyer specializing in securities and corporate/ commercial law at Fraser Milner Casgrain, was contemplating an MBA to beef up his business knowledge. Then he heard about U of T’s GPLLM degree. Intrigued, Mahoney attended an introductory session to find out more. “I was impressed by the fact that this would be executive, not thesis-style learning, and I was excited about the opportunity to interact with both practitioners and clients in school,” he says. The program surpassed his expectations. HILARY THOMPSON As an engineer working as manager of regulatory products on the GTA project at Enbridge Gas Distribution, Hilary Thompson has always been interested in how energy is delivered to customers. When she heard about the GPLLM, she became fascinated by the prospect of learning how it moves across provincial and international borders. “I wanted to learn and contribute more in the industry on a macro level,” Thompson says. So she knew right away that she wanted to apply. “The fit was right, the program was right, and the timing was right.” For Thompson, the most exciting aspect of the program was the first-hand exposure to practitioners’ knowledge and experience. Highlights included guest lecturers from the firm that represented Lehman Brothers through its collapse, the firm representing TMX in the Maple-TMX deal, and a lawyer from Greece offering insight into the debt crisis. Even when lectures did not relate to her industry, Thompson felt enriched by the information she was absorbing. “Education in business law, both domestically and globally, enhances my ability to recognize business and industry influences and gives me the tools to ask the right questions,” she says. The balancing act—work, school and “whatever personal life she could squeeze in”—was manageable because the GPLLM is modeled after an Executive MBA, and takes the busy schedules of professionals into consideration, she explains. All that hard work has paid off. “The degree has already opened doors in my career path,” Thompson says. After completing it, she moved from the operations and engineering areas of the business to a role specific to regulatory affairs. The course also inspired her to pursue volunteer opportunities in the future on a not-for-profit board in the areas of corporate governance and finance. “Most of all, the program helped me identify and focus my interests on a career path,” says Thompson, now a professional engineer with a master of laws—a unique and valuable combination. “I love my new role,” she says, “and I’m not sure if I would have been offered the opportunity without the experience I gained through the GPLLM.” university of toronto faculty of law “The best part was hearing a broad range of perspectives through engaging debates,” he says. “It’s not sitting through lectures. Here, you’re engaged on specific topics where instructors and students have direct work experience. You’re going way beyond the readings by learning from each other.” And, he adds, it was amazing to see professors take notes during class. “They were learning as much as we were.” For a busy litigator, going back to school took juggling, he admits. It helped that the hours were predictable and that the firm backed his commitment. In the short term, coworkers had to cover him, but the GPLLM has given him unique networking opportunities with existing and prospective clients that could eventually develop into new business for the firm, Mahoney says. “I had ongoing files on my desk. It was fantastic to be able to ask real-life questions of professionals in class to get their thoughts, and benefit from their experience.” Now that he has brought so much wisdom back to the firm, Mahoney predicts that coworkers will be considering taking the program as well. It’s been that valuable, he says, point
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