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Monday, July 24, 2017

WEBSITE RECOGNIZED
Notice Connect, a website for estate trustees in Canada to post legal notices to creditors upon someone’s death, has been recognized by the Ontario Superior Court on July 7, in a court order, as satisfying requirements of the Trustee Act for the estate trustee’s duty to advertise for creditors.

The decision is significant because it confirms that NoticeConnect.com is an accepted platform for advertising to creditors, something that has traditionally been done in newspapers. 

“To get a court to sign off on it like that is very special for us because we really feel that we’ve created a new convention under the common law. That’s pretty exciting,” says the website’s co-founder, Patrick Hartford, business partner of Ori Barbut.

The Trustee Act has never specified which methods are acceptable for advertising to creditors, but under common law, it has now been confirmed that using Notice Connect as a means to post these notices is allowed in the eyes of the law.

LAWYER AVOIDS CONTEMPT FINDING
A well-known criminal defence lawyer has avoided a contempt finding after he skipped out on a sentencing hearing to attend a television interview.

Ari Goldkind faced a rare contempt of court hearing after he missed a sentencing for a client on June 8.

The former long-shot mayoral candidate and prolific media commenter had agreed to appear on CP24 to talk about a separate case, drawing the ire of Ontario Superior Court Justice Michael Dambrot.

The judge initiated contempt proceedings against Goldkind, but he ended them July 17 after the lawyer apologized in court and said he would not repeat such conduct.

The sentencing on June 8 concerned the trial of four men accused in R. v. Triolo.

Goldkind represented Emanuel Lozada, one of the co-accused in a fatal stabbing at Toronto’s Nuit Blanche festival in 2013.

Goldkind did not show up that day, leaving the judge, co-accused and their lawyers waiting, but appeared on CP24.

He had contacted the Crown the night before to try to reschedule the proceeding, but that was not possible.

NEW LAW FIRM LAUNCHED
Alex Van Kralingen and Megan Keenberg have formed a new law firm known as Van Kralingen & Keenberg LLP, alongside lawyers Mark Repath and Katherine Chau.

The law firm launched on June 19.

Lawyers will specialize in commercial litigation, civil litigation, regulatory proceedings and employment law.

Keenberg also has experience as a mediator, with specialized training in dispute resolution.

LAW TIMES POLL
Law Times reports that lawyers need to improve their social media skills to properly represent their clients as litigation involving evidence from social media platforms surges.

We asked readers if they have used evidence from social media platforms in their practices.

About 73 per cent said yes, they had used evidence from social media platforms in their practices.

About 27 per cent said no, this is not something that affects their practice at all.

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Law Times poll

An estate trustee who took an ‘egregious' position in litigation has been ordered to personally pay more than $140,000 in costs. Will this ruling serve as an appropriate caution to executors on how they conduct themselves in litigation?
Yes, this will remind trustees of the potential exposure of significant awards being made against them personally.
No, it’s unlikely this ruling will dissuade executors from engaging in unreasonable conduct during litigation.