Gary Joseph Mar | 2025
This article was originally published by Law360 (www.law360.ca), part of LexisNexis Canada Inc.
Am I the only one who is bothered by recent events at the Law Society of Ontario (LSO) leading this week to the announcement that CEO Diana Miles is “no longer employed."
Of course, we know that this follows the controversy arising from issues relating to a large increase in her salary. The change in leadership follows the independent review of the matter by highly respected former Associate Chief Justice Dennis O’Connor. So, what bothers me? Well, I feel like a mushroom, kept in the dark and dumped on with sh*t.
The change in leadership comes after a very secret recent meeting of the benchers. We are told (probably correctly in principle) that the report of Justice O’Connor constitutes legal advice protected by solicitor client privilege and cannot be released. But I ask, shouldn’t we as members share in the information disclosed that led to the parting of ways with Miles? Shouldn’t we as members know what the events were, who was involved in the controversy, and what circumstances precisely triggered the change in leadership? Are we not entitled to know the terms of the release of Miles, what termination package was extended? It is at least partially our membership monies that are being used to fund all of this. Is it just me who feels that there is a significant cover-up happening here?
We all know that the client (here, the Law Society of Ontario) can waive privilege. Not to get too technical, but there are certain events that can trigger a waiver. Why won’t the LSO simply waive privilege and share the report of Justice O’Connor with the members? We, as members deserve to know what exactly went on. Some media suggest that there were internal efforts to stop the investigation by Justice O’Connor! What??? Is that allegation (presently unproven) not enough for the LSO to recognize the need for complete transparency concerning this matter? Was there such an effort and if so, why and by whom?
It is terribly disappointing that this very serious matter is being swept under the rug with promises that they will do better. This from an organization that supposedly represents the rule of law, openness and the right of the public to know. To me this is not an event that will encourage the public to continue to support self-government among the professions. To me this is just one more event in a long line of actions, decisions and policies that have led me to view the LSO in a less than favourable light. I can’t get the thought out of my head…cover up!
Gary S. Joseph is counsel to the firm of MacDonald & Partners LLP. A certified specialist in family law, he has been reported in over 350 family law decisions at all court levels in Ontario and Alberta. He has also appeared as counsel in the Supreme Court of Canada. He is a past family law instructor for the Law Society Bar Admission Course and the winner of the 2021 OBA Award for Excellence in Family Law.
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