The Law Foundation of Ontario is currently seeking a counsel with a minimum 20 years of litigation experience for the permanent, full-time position of Counsel to the Class Proceedings Committee (CPC). Counsel will work closely with the Associate Counsel and with members of the CPC in managing the increasing number of class action funding applications received by the Class Proceedings Fund and in ensuring its fiscal sustainability.
Job responsibilities
- Responding to inquiries from members of the public and legal profession who wish to make applications for funding
- Reviewing and assessing applications for funding. This will include asking relevant questions of class counsel in preparing an assessment of the application for the benefit of the CPC, including:
- Determining whether the pleadings of the applicant and the factual and legal basis for each cause of action are adequately pleaded
- Assessing the legal opinions submitted by class counsel
- Reviewing the certification materials, mediation briefs, expert opinions, and other materials submitted in support of funding applications
- Considering applicable defences, both common law and statutory
- Confirming the applicable limitation periods
- Ensuring jurisdictional issues are satisfied
- Reviewing whether the certification criteria in the Class Proceedings Act have been established
- Assessing whether the case is in the public interest
- Conducting legal research relevant to an assessment of the case
- Attending at hearings before the CPC as counsel to the CPC members, and providing advice at such hearings
- Overseeing disbursement claims made by successful applicants
- Monitoring the progress of funded cases
- Acting on cost matters as appropriate
- Reviewing and assessing settlement materials in successful cases
- Managing the litigation cost claims made against the CPF in unsuccessful cases
- Preparing annual reports and audit letters
- Identifying and assessing policies, procedures, and practice directions and identifying opportunities for policy development or changes
- Participating in annual retreats to review ongoing issues related to the CPF
- Ensuring the integrity of the database and records to allow for analysis and research
- Advising The Law Foundation of Ontario, as requested, with respect to the administration of the CPF
- Responding to inquiries regarding the CPF, the CPC and its staff as required by the Foundation or its CEO
- Ensuring proper training and mentoring of the Associate Counsel and Senior Administrative Assistant to the CPC including annual performance reviews
Qualifications
- An LL.B. or J.D. in good standing with the Law Society of Ontario coupled with relevant knowledge of competence, professionalism, and practice management
- Minimum of 20 years of litigation experience in a wide variety of different practice areas in which the CPF receives applications for funding. These include Crown liability, Charter infringement, Human Rights, employment law, labour law, fiduciary obligations, negligence (e.g. general, auditor/accountant, medical, and other professional negligence), nuisance, trespass, environmental law, product liability (e.g. pharmaceutical products, medical appliances, and consumer products), misrepresentation, consumer protection, privacy, pensions, franchise, insurance, competition, securities, copyright & patents, and immigration law
- Solid understanding of the Rules of Civil Procedure and Evidence
- Class action experience is an asset but is not necessary
- Knowledge of current trends and developments in the jurisprudence related to class proceedings is an asset but is not necessary
- Ability to manage a diverse and complex caseload
- Ability to supervise, train, and mentor other professionals
- Ability to collaboratively engage with applicants and stakeholders
- Ability to exercise appropriate discretion in engaging with applicants and stakeholders
- Excellence in written and oral communication skills
- Demonstrated ability to prepare legal opinions
- Ability to work autonomously and take appropriate action where required
- Computer literacy including a broad understanding of the application of technology in a legal environment
- Knowledge and understanding of risk management
- Demonstrated experience in managing and negotiating complex relationships
- Strong service orientation
- A high degree of integrity, sound judgment, and problem-solving skills
The Law Foundation of Ontario offers competitive compensation, including benefits and a collegial working environment.
The Foundation encourages a work environment that promotes equity and diversity and prohibits any form of discrimination or harassment. We are committed to making sure that our recruitment, hiring, training, compensation, and other personnel activities are fair and equitable. We consider employees and prospective employees on the basis of individual merit and actively promote equity for all individuals without regard to race, colour, religion, sex, national origin, or sexual orientation.
We accommodate the needs of persons with disabilities in our hiring process.
Candidates should apply in confidence no later than 5:00 p.m. September 11, 2020 by email providing a resume and a cover letter detailing how they meet the qualifications of the job to HR@lawfoundation.on.ca.
We thank all candidates for their interest but only those selected for an interview will be contacted.
