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PATRICIA JACKSON

RECEIVES OBA HONOUR

The Ontario Bar Association bestowed its annual award for excellence in civil litigation on Torys LLP’s Patricia Jackson last week.

A litigator for more than 35 years, Jackson “has earned a reputation as a trailblazer, educator, and devoted lawyer,” the OBA said in announcing the award.

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HARVEY HABER TO RETIRE FROM FIRM

One of the key players at Goldman Sloan Nash & Haber LLP is retiring this month.

The firm reports that Harvey Haber will be retiring on Oct. 31. “We wish Harvey every happiness in the future,” the firm said in a newsletter item announcing Haber’s retirement.

While he has more than 40 years of experience with a specialization in commercial leasing, Haber remains in the legal field as a panel member at COE ADR Management, a dispute resolution company based in Toronto.

NEW DIVERSITY DIRECTOR AT BLG

Borden Ladner Gervais LLP has named a litigator to serve as its first national director of diversity and inclusion.

Laleh Moshiri, who started at the firm as a litigator in the health law group and more recently served as the senior director of professional services at its Toronto office, will fill the new role. “I am thrilled about this new opportunity because BLG already has a culture that embraces diversity,” said Moshiri.

“I look forward to building on this strength as we work on new initiatives and continue to build a diverse and inclusive workplace.”

The firm says the new role reflects its commitment to diversity. “This new position underscores the importance of diversity and inclusion at BLG,” said Phil Donnelly, chief talent officer at BLG.

“Diversity and inclusion is a core pillar in our overall talent strategy, which encompasses the entire organization — both our legal and business services professionals.”

ONTARIO MOVES ON CAR INSURANCE, BUSINESS LAW

The Ontario government has announced a couple of measures on auto insurance and pensions as well as the province’s business laws.

On Oct. 8, the government announced it had appointed David Marshall as an adviser on auto insurance and pensions as of Feb. 1, 2016. Marshall, president and chief executive officer of the Workplace Safety & Insurance Board, will advise the government on ways to further cut auto insurance costs and implement the new Ontario retirement pension plan.

In other news, the province is creating a new advisory council on reforming Ontario’s business laws. It follows recommendations from the business law agenda stakeholder panel earlier this year that called for continuous review and modernization of Ontario’s corporate and commercial laws, a task the new advisory council will take on.

The new advisory council will include up to 12 members. It comes as the province says it’s making changes to three laws: the Business Corporations Act, the Business Names Act, and the Personal Property Security Act. According to the province, the changes will make it easier to do business; simply processes by, for example, allowing one signature instead of two when approving financial statements; and provide clarity in business transactions by ensuring only independent auditors can conduct business audits.

POLL RESULTS

The results of the latest Law Times online poll are in.

According to the poll, respondents narrowly favour the new Trans-Pacific Partnership free-trade agreement. About 41 per cent of participants said the agreement is good for Canada and agreed the country must be a part of such deals and expand free trade.

Following closely behind were the 40 per cent of respondents who felt the deal isn’t good for Canada and will imperil important sectors while delivering few benefits.

A further 19 per cent of respondents felt it was too early to tell whether the deal would be good for Canada or not.

The poll follows the announcement this month of the deal involving 12 countries covering a $28.5-trillion market. The deal has attracted particular scrutiny for the potential impact on the supply-management and auto sectors in Canada.

 

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TWO NEW JUDGES NAMED
The provincial government has appointed two lawyers as judges of the Ontario Court of Justice.
Both of the new judges will preside in Newmarket, Ont. The first is Nyron Dwyer, a lawyer called to the Ontario bar in 1988 who has practised criminal defence in Toronto over the past two decades.

Also joining the Ontario Court bench is Amit Ghosh, a lawyer called to the bar in 2002 who has spent the majority of his legal career as a Crown attorney at both the federal and provincial levels. Last year, he became counsel to the director of Crown operations for the central east region.

Both appointments are effective Oct. 14.

It has, in fact, been a busy time for appointments by the Ontario government. This month, the province nominated Bruce Krushelnicki to serve as the new executive chairman of the Environment and Land Tribunals Ontario. The appointment is subject to review by the standing committee on government agencies. Also in the environmental sphere, the province tapped well-known environmental lawyer Dianne Saxe to serve as Ontario’s environmental commissioner. Her appointment takes effect on Dec. 1.

LICENCE APPEAL SWITCH MOVES FORWARD
In other Ontario government news, the province has announced a few details about the transfer of the auto insurance dispute resolution system to the Licence Appeal Tribunal.

According to a recent update, recruitment for new appointees to the tribunal is underway with the first appointments expected early next year. The government has also set up an advisory committee to advise on the design of the new system. The committee includes several members of the legal community: Osgoode Hall Law School dean Lorne Sossin, Eric Grossman of Zarek Taylor Grossman LLP, Julie Matthews of Community Legal Education Ontario, and Lee Samis of Samis & Co. Also on the committee is Ronald Hikel of Hampshire Consulting.

The province has set up an e-mail list for people to receive updates on the changes as the new system prepares to accept applications on April 1. Those interested can send their information to DRStransformation@ontario.ca.

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, many respondents are welcoming a recent Law Society of Upper Canada working group report that recommended abandoning the idea of a majority ownership stake for non-lawyers in law firms. In fact, 56 per cent of participants said the law society should abandon the idea of alternative business structures altogether.

Another 23 per cent of respondents felt the law society should continue to consider the option of a minority stake for non-lawyers while almost 21 per cent felt it should keep full ownership on the table.

The poll follows a working group report on alternative business structures presented to Convocation last month that recommended against the majority-share option. “Such non-licensee ownership levels do not appear to be warranted based on current information when the potential benefits to such external ownership levels are weighted against the regulatory risks and regulatory proportionality,” the working group said in its report.
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NYE THOMAS TO LEAD LAW COMMISSION
Legal Aid Ontario’s Nye Thomas is the next executive director of the Law Commission of Ontario.

Thomas, whose most recent role at LAO was as director general of policy and strategic research, will join the commission on Oct. 19 as current executive director Patricia Hughes prepares to leave the role on Dec. 14. “I am confident that under Nye’s leadership, the commission will continue to maintain the highest standards in legal research and law reform initiatives,” said commission chairman Bruce Elman in announcing Thomas’ new role.

FIRM’S TORONTO OFFICE TO CLOSE
Allen & Overy LLP is closing its Canadian representative office in Toronto.

The move comes as François Duquette, the firm’s partner in Canada, is leaving for a position at the Caisse de dépôt et de placement du Québec.

“I can also confirm that we will be closing our representative office in Canada as a result and will revert to how we used to manage our Canadian client relationships on a fly-in-fly-out basis,” said Campbell McIlroy, the firm’s head of public relations.

LAWPRO PREMIUM FREEZE CONTINUES
Lawyers’ base insurance premium will remain at $3,350 for the sixth consecutive year, LawPRO has announced.

Last month, Convocation approved LawPRO’s 2016 insurance program for the Ontario bar. Besides the premium freeze, other changes include reducing the real estate practice coverage option by $150. As a result, the premium will fall to $100 from $250.

NEW MASTER APPOINTED
The Ontario government has appointed Nathalie Champagne to serve as a Superior Court case-management master in Ottawa.

A lawyer called to the bar in 1992, Champagne most recently worked as Legal Aid Ontario’s director general for the eastern district. Her work included managing criminal and family law cases and conducting mediations and settlement conferences in family and child protection matters.

Champagne’s appointment is effective Oct. 7.

POLL RESULTS
The results of the latest Law Times poll are in.
The federal election campaign is in full swing, but it seems lawyers don’t think the federal parties are offering much when it comes to addressing important legal issues. According to the poll, 98 per cent of respondents believe the parties aren’t talking about justice issues or are engaging in platitudes. In fact, just one participant felt there had been a lot of discussion so far.
The poll comes as Canadians prepare to vote in the Oct. 19 election. For more on what the parties have and haven’t been saying about legal issues, see “Justice policy flying under the radar in election campaign” on page 7 of this week’s Law Times.

CRIMINAL JUSTICE STATISTICS RELEASED
Statistics Canada has released new figures on cases completed in Canadian adult and youth courts in 2013-14.

According to the figures, the roughly 360,000 cases completed in adult criminal courts represented a seven-per-cent decline from the previous year. “This was the lowest number of completed cases in adult criminal court in a decade,” Statistics Canada said in releasing the numbers.

The story was similar in youth court. The roughly 40,000 completed cases represented a 12-per-cent decrease. “This was the lowest number of completed cases in youth courts since these data were first collected more than two decades ago,” the federal agency said.
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FRAUD CHARGE OVER LAO BILLINGS
Police in Hamilton, Ont., have laid two charges over allegations of $15,000 in overbilling to Legal Aid Ontario.

Charged with fraud over $5,000 and using a forged document is Omar Shabbir Khan, a 44-year-old resident of Stoney Creek, Ont. Police began investigating following a review of invoices by LAO’s audit and compliance unit. The alleged overbillings occurred between 2009 and 2013, police said in a media release on Sept. 17. Police released Khan on a promise to appear with a scheduled court appearance on Oct. 13. None of the allegations has been proven in court.

NEW PARTNER AT NORTON ROSE FULBRIGHT
Norton Rose Fulbright Canada LLP’s Ottawa office has a new partner with lawyer Martin Masse joining the firm.

Masse’s areas of practice include competition, international trade, and procurement matters. He also serves clients in federal regulatory matters such as aboriginal and telecommunications law.

“Martin is an outstanding addition to our international trade group and our antitrust and competition team,” said Pierre-Paul Henrie, managing partner of the firm’s Ottawa office.

“Our clients will benefit from his ability to provide timely and practical advice on complex regulatory issues.”

LEGAL SALARIES PROJECTED TO RISE
Despite the pessimism about the economy in general, Robert Half Legal expects positive trends when it comes to the market and salaries for lawyers next year.

“Hiring in the legal field is gaining momentum as law firms and companies respond to rising demand for legal services,” said Charles Volkert, executive director of Robert Half Legal, as it released its annual salary guide last week.

Among other things, it predicts average starting salaries for lawyers at law firms to increase by 3.5 per cent in 2016. Robert Half also expects a three-per-cent increase for first-year associates over 2015 projections. “Law firms are expanding practice groups to support growth in real estate, corporate law, and litigation while legal departments are building teams to manage more legal matters in-house,” said Volkert.

LAW FIRMS RAISE $170K FOR RBC RUN
Law firms came out in force for the RBC Run for the Kids this month, raising more than $170,000 to support the family navigation project at Sunnybrook Health Sciences Centre.

Among the law firms participating was Wildeboer Dellelce LLP, Blake Cassels & Graydon LLP, Davies Ward Phillips & Vineberg LLP, Fasken Martineau DuMoulin LLP, Goodmans LLP, Norton Rose Fulbright Canada LLP, Stikeman Elliott LLP, Thornton Grout Finnigan LLP, and Torys LLP. They surpassed their goal of raising $150,000 for the third annual run that supports the Sunnybrook program to help parents navigate the mental-health system.

TWO LAWYERS ALLOWED TO RESIGN
The Law Society Tribunal has allowed a Toronto lawyer to surrender his licence over misconduct related to his statutory accident benefits practice.

Among other things, it found Erwin Weisdorf had failed to supervise the paralegals in his statutory accident benefits practice and abdicated his professional responsibilities in connection to it. On Sept. 15, the tribunal’s hearing division allowed him to surrender his licence to practise law.

The hearing division came to a similar conclusion in the case of George Flumian. It allowed him to surrender his licence after making findings of misconduct that included misappropriating money from funds held in trust on behalf of eight clients and registering mortgages against real property owned by two clients without their knowledge or consent.    

ROBOTICS PROF SOUGHT
With artificial intelligence a hot topic, the University of Windsor’s faculty of law has posted an interesting job opportunity for a professor of law, robotics, and society.

The tenure-track position is a response to the growing impact of automation on law and society, the university said in its job posting. The position starts July 1, 2016, with applications due by Nov. 13, 2015.

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, 66 per cent of respondents disagree with the idea of restrictions on former judges making the leap into politics. The poll follows Conservative attacks on NDP candidate Carol Baird Ellan, a former B.C. judge now seeking elected office. The Conservatives have used some of her past rulings to suggest she’s soft on crime, a situation a political science professor has said reflects the risks faced by judges who seek elected office after leaving the bench.
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PENALTY DECISION RESERVED IN REFUGEE CASE
The Law Society Tribunal has reserved its decision on the penalty for a Mississauga, Ont., lawyer found to have engaged in professional misconduct for failing to serve her refugee clients.

Earlier this month, the hearing division made the misconduct findings against Jaszi Erzsebet, a lawyer retained in 2011 to assist G.I., a Roma refugee claimant, and her children. After meeting with the lawyer to sign the required personal information forms for the claim, Erzsebet failed to submit them to the Immigration and Refugee Board on time, according to the decision. While Erzsebet submitted them following an abandonment hearing in May 2011, G.I. received notice that they were incomplete, the ruling written by panel chairwoman Barbara Murchie noted. In considering Erzsebet’s actions, the panel found she didn’t prepare the family’s forms and “prosecute their applications to the standards of a competent lawyer.” There was no reference, for example, to alleged domestic abuse suffered by G.I., Murchie noted.

For her part, Erzsebet disagreed that the forms were incomplete and noted it was possible to amend them later with G.I. able to expand on her story when testifying before the board. The panel, however, found she had engaged in professional misconduct that included overbilling Legal Aid Ontario for time spent on preparing the forms.

The findings follow a July 29 decision from the tribunal that dealt with the Law Society of Upper Canada’s allegations of professional misconduct in relation to her representation of eight Roma refugee families during the 2009-11 period. The panel found she had engaged in professional misconduct in that case as well.

After a hearing last week, the panel reserved its decision on the penalty.

For more, see "Another lawyer in hot water over service to refugee claimants."

NEW PARTNER AT GOWLINGS
Usman Sheikh has joined Gowling Lafleur Henderson LLP as a partner in its commercial litigation and class actions groups.

Previously a lawyer at Bennett Jones LLP, Sheikh focuses on securities litigation, professional liability claims, class proceedings, and corporate commercial litigation. He advises in areas including securities enforcement, cross-border litigation, white-collar defence, shareholder activism, mergers and acquisitions disputes, and oppression remedy claims. Prior to his time at Bennett Jones, he worked as a prosecutor in the enforcement branch of the Ontario Securities Commission.

“Usman is a rising litigation star with exceptional advocacy skills and an impressive background in securities law,” said Scott Jolliffe, Gowlings’ chairman and chief executive officer.

POLL RESULTS
The results of the latest Law Times online poll are in.

Amid the growing controversy over Canada’s handling of the Syrian refugee issue, a majority of respondents think the federal government isn’t doing enough to assist people seeking to escape the troubled country. According to the poll, 62 per cent of respondents think Canada needs to significantly increase the number of government-sponsored refugees and remove barriers to private sponsorships. A further 38 per cent of participants think Canada is already doing a lot to help refugees from the Middle East, fight the Islamic State, and provide humanitarian assistance.

The poll comes as the Syrian refugee issue has risen to prominence in the federal election campaign. The Conservatives have touted their plan to bring in thousands of people from both Syria and Iraq in the next couple of years and, more recently, announced the government would match donations from Canadians for humanitarian assistance. Critics and opposition parties, however, have emphasized the need to speed up the process, remove administrative barriers, and accept more refugees.  


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LAWYER’S DISBARMENT UPHELD
The Law Society Tribunal has dismissed a lawyer’s appeal of her disbarment in a mortgage fraud case.

On Aug. 31, the appeal division considered Thelma Pushparanee Williams’ appeal of the hearing panel’s misconduct findings against her last year. In particular, she challenged the finding of knowing participation in fraud in relation to one property and argued the appropriate penalty was a one-year suspension followed by two years of supervised practice.

But in its ruling last month, the appeal division found there was “ample evidence” for the hearing panel to make a finding that Williams had knowingly participated in fraud through recklessness.

It also upheld the penalty of disbarment. “The presumptive penalty for knowing participation in mortgage fraud is revocation, and the hearing panel’s determination that there were no exceptional circumstances in this case that would justify a departure from revocation is a reasonable conclusion based on the evidence before it,” wrote Christopher Bredt for the appeal panel.

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, 56 per cent of respondents think large legal organizations such as the Canadian Bar Association and the Ontario Bar Association remain relevant to them.

The poll follows the CBA’s emphasis at its recent conference in Calgary on its Rethink efforts aimed at making the organization more relevant to lawyers.

And in assuming the presidency of the OBA recently, Ed Upenieks told Law Times that ensuring the relevance of his organization is a key priority for him as well.

While the majority of respondents said the organizations remain relevant to them, 44 per cent said they see more value in niche associations.    

TAMAN CHALLENGES FIRING BY FEDS
A week after winning the NDP nomination for Ottawa-Vanier, former federal prosecutor Emilie Taman was in Federal Court this month asking for a judicial review of the Public Service Commission of Canada’s decision this summer to fire her.

According to an article in the Ottawa Citizen, Taman’s lawyer asked the court to strike down the commission’s decision on the grounds that it “failed to balance her obligations to be a loyal and impartial public servant with her constitutional right to seek public office.”

In early July, Taman vacated her office, beginning what she called “an unauthorized leave of absence” to enter the contest for Ottawa-Vanier’s NDP nomination.

She had applied for a leave of absence last year, but the commission refused, arguing her ability to return to work after the political race would be “impaired or perceived to be impaired.” After receiving a series of warning letters, the government fired Taman weeks after she left her office. “I received I think it was three warning letters, which basically indicated that I was to return to work immediately or face termination for abandonment of position,” she says.

“I followed up by saying I don’t have an intention to abandon my position, and could you please just wait until my judicial review hearing?”

But the commission, she says, replied that “despite my representations, it had been determined that I had abandoned my position.”

The commission is declining to comment on the case given that it’s currently before the court.

The nomination battle appears to have been a tightly contested one. Although the party doesn’t release the number of votes each person received, the vote, which involved four candidates, went down to the wire with three ballots. “It was a long night,” says Taman.
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EDNEY TO SPEAK NEXT WEEK
Prominent lawyer Dennis Edney will speak at an event held by the Empire Club in Toronto next week.

As part of the event, Edney will speak about his ongoing defence of Omar Khadr, a former Guantanamo Bay, Cuba, detainee now out on bail in Alberta. Following his remarks, Toronto Star reporter Michelle Shephard will interview Edney on stage.

The event takes place at noon on Sept. 15 at the Hilton hotel at 145 Richmond St. W. in Toronto. Edney is in Toronto for the premiere of the documentary Guantanamo’s Child: Omar Khadr. More information on tickets is available at empireclub.org.

WHAT WOULD YOU DO IF YOU WEREN’T A LAWYER?
For many Canadian lawyers, business, education or fields involving science are the areas they likely would have ended up in if they hadn’t become lawyers, according to a new Robert Half Legal survey released last week.

Fifteen per cent of lawyers surveyed said they would have chosen business management or marketing careers in lieu of practising law. Careers in academia and science, technology, engineering, and math ranked second to business with each of those categories coming in at 13 per cent.

“Even if you’re content with your job, it’s important to periodically examine your career goals to assess whether your priorities or interests have changed,” said Charles Volkert, executive director of Robert Half Legal.

“Lawyers considering second careers may find that the skills, knowledge, and experience they possess are a natural fit with a variety of roles outside of the legal field.”

In response to the survey, 10 per cent of lawyers said they would have become doctors or worked in the medical field while eight per cent said they would have chosen finance and five per cent would have gone into journalism. Another five per cent said a career in public service would have been their alternative.

For six per cent of respondents, a career outside of law was entirely unimaginable as they said there was nothing else they would have done.

The biggest group of respondents, 17 per cent, had no clue what they would have done if they hadn’t gone to law school.

Those last two groups likely involve those who had always dreamed of becoming lawyers, says Gene Roberts, division director at Robert Half Legal in Toronto.

“It’s like your dream was to become an astronaut, you became an astronaut, and someone asked you, ‘What would you be if you weren’t an astronaut?’” says Roberts. “They wouldn’t know because all they thought about the entire time was, ‘I’m going to be an astronaut.’”

Ottawa criminal lawyer Michael Spratt wasn’t surprised the top alternative careers lawyers revealed in the survey included the sciences. Spratt himself chose the law over a career in paleontology after completing his undergraduate degree in biology. He says he turned down the option of four years on a submarine studying long-dead deep-sea Atlantic coral reefs to write factums instead.

“There is a lot in common between the scientific method and thinking and law,” he says, noting “submarines are way cooler than factums.”

If he weren’t a busy criminal lawyer these days, Spratt says he would play for the Toronto Blue Jays. “Or if you are talking about realistic alternative careers, I would give it all up to be a journalist or a backroom political operative in a second,” he says.

Gilbertson Davis LLP civil litigator Lee Akazaki says he and a lot of lawyers come to the profession with backgrounds in business and academia. For his part, Akazaki says he would have become an anthropologist if he weren’t a lawyer.

“I like to study people,” he says.    

OSGOODE ANNOUNCES $1M IN NEW FUNDING
Facing tuition of $23,806 this year, students at Osgoode Hall Law School are getting a boost from $1 million in new funding  aimed at increasing accessibility.

York University announced the new funding as Osgoode Hall welcomed about 300 new students this year. Half of the money will create 100 new bursaries of $5,000. The university will disburse the money over two years to mark the 50th anniversary of Osgoode Hall’s affiliation with York in 1965. The rest of the money will go toward Osgoode Hall’s new income-contingent loan program. The program covers students’ tuition with recipients agreeing to repay their loan over 10 years once they’re earning more than $80,000.

“Osgoode has made accessibility and inclusion a key and sustaining priority,” said Osgoode dean Lorne Sossin.

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, almost 66 per cent of respondents think liberalization of the legal profession is inevitable. The poll followed a recent speech by Supreme Court Chief Justice Beverley McLachlin at the Canadian Bar Association’s legal conference in Calgary in which she urged lawyers to embrace innovation. During her speech, McLachlin emphasized that liberalization of the legal profession is inevitable.
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FAMILY LAWYER APPOINTED TO THE BENCH
The provincial government has appointed lawyer Melanie Sager to the bench of the Ontario Court of Justice.

Sager, a lawyer called to the bar in 1995, has been a sole practitioner of family law for the past 20 years.
Her work has included acting as duty counsel and representing children as an agent for the Office of the Children’s Lawyer.

Outside of court, Sager serves on the board of directors of the Scarborough Women’s Centre and has been on the board of the Family Lawyers Association. Her appointment to preside in Toronto is effective Sept. 8.

CROWN’S CIVIL CASE AGAINST FORMER LAWYER MOVES FORWARD
The Ontario Superior Court has upheld a decision allowing Crown attorney Roger Shallow to amend his civil claim against his former lawyer.

The case, Shallow v. Adair, relates to Shallow’s 2007 arrest by Toronto police, who charged him with causing a disturbance and obstruction. With the charges withdrawn 15 months later, Shallow contacted lawyer Geoffrey Adair after the Toronto Police Association issued a news release that alleged misconduct in the withdrawal of the charges. Among several causes of action considered by Adair, he said he’d issue a libel action over the news release, Shallow alleges.

Shallow claims Adair failed to follow his instructions to commence proceedings and is suing the lawyer for negligence, according to Justice Thomas Lederer’s Aug. 20 ruling in the case. None of the allegations has been proven in court.

Lederer’s endorsement dealt with Adair and his law firm’s appeal of a master’s order allowing Shallow to amend his statement of claim. According to the defendants, the amendments assert new claims barred by the expiration of the two-year limitation period. In particular, the amended claim includes references to Adair’s alleged failure to launch proceedings with respect to defamation, a cause of action the defendants suggested the original claim didn’t identify.

In considering Adair’s appeal, Lederer found that a reference to a defamation action appeared in several paragraphs of the original statement of claim. “The Statement of Claim may be neither ‘perfect’ nor ‘artful’ . . . but I have no difficulty in finding that the material facts necessary to demonstrate the basis for a claim for negligence for the failure to commence an action for whatever wrongs are said to have arisen from the actions of the police on October 6, 2007 or publication of the news release on January 8, 2009 were present and pleaded,” wrote Lederer in dismissing the appeal.

Shallow’s original arrest has sparked a number of developments, including an apology to him earlier this year by the police association over the news release. He has alleged police improperly searched him because of his race.

POLL RESULTS    
The results of the latest Law Times online poll are in.

According to the poll, a narrow majority of respondents believe artificial intelligence is good for lawyers. About 52 per cent of them agreed it represents an opportunity given the new types of work created, while the remainder felt it’s a threat as the overall amount of work for lawyers goes down.

The poll followed a session on artificial intelligence at the recent Canadian Bar Association legal conference in Calgary at which a panel discussed the potential role of automation in legal services. One panellist advised lawyers to get an early start on using artificial intelligence in order to get a competitive advantage, while another, Prof. Ian Kerr, emphasized that there are some tasks that are inappropriate for automation.

FINKELSTEIN ORDERED TO PAY $450K PENALTY
A panel of the Ontario Securities Commission has ordered former Davies Ward Phillips and Vineberg LLP lawyer Mitchell Finkelstein to pay $450,000 in administrative penalties and $125,000 in costs after finding him guilty of insider tipping on three different occasions.

As part of the penalty issued last week, Finkelstein also received a 10-year ban on trading and acquiring securities with the exception of doing so for select registered accounts.

In March, an OSC panel found Finkelstein had tipped his friend, an investment adviser at CIBC, about impending takeover deals. That friend, Paul Azeff, then purchased shares associated with those deals and recommended his friends and family do the same, the commission found.

“As the instigator of the subsequent insider trading by others in disregard of his duties of confidentiality and of the high standard of probity towards the capital markets expected of a mergers and acquisitions lawyer, Finkelstein’s transgressions must be considered to be at the upper end of severity,” wrote commissioners Alan Lenczner and AnneMarie Ryan.

In Finkelstein’s case, OSC enforcement staff had sought a lifetime trading ban, a lifetime exclusion as a director and officer of a reporting issuer, and an administrative penalty in the amount of $1.5 million.
Media reported Finkelstein’s lawyer, Gordon Capern, as saying his client plans to appeal the OSC panel’s findings as well as the sanctions.
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NEW JUDGES APPOINTED
The provincial government has appointed two new judges to the Ontario Court of Justice.

The new judges, whose appointments are effective Aug. 26, will preside in Kitchener, Ont.

The first is Craig Parry, who was called to the bar in 1998 and has been a sole practitioner in Kitchener for 13 years. A director of the Criminal Lawyers’ Association for the Waterloo Region since 2008, Parry primarily practised criminal law but also dealt with family and civil matters.

Also appointed to the bench is Melanie Sopinka, who has been an assistant Crown attorney for the last 14 years. Before joining the Ministry of the Attorney General, she served as litigation counsel at the Ontario Securities Commission.

LAWYERS HONOURED BY OUT ON BAY STREET
A few lawyers are among those recognized by Out on Bay Street as part of its Leaders to be Proud of Awards.

The awards recognize achievements or service in Canada’s lesbian, gay, bisexual, transgender, queer, and ally community. Lawyers honoured by the organization include Brad Berg, a partner at Blake Cassels & Graydon LLP, and Aird & Berlis LLP counsel Angela Swan. Both received the professional leadership award.

Receiving the emerging leader award is Angela Chaisson of Ruby & Shiller. Out on Bay Street will recognize the recipients at an awards reception on Sept. 17 at the Art Gallery of Ontario.

NEW RULING IN GUERGIS LITIGATION
The litigation involving former MP Helena Guergis against Cassels Brock & Blackwell LLP, lawyer Arthur Hamilton, a former Conservative colleague, and a private investigator continues with the Superior Court rejecting the law firm’s attempt to strike parts of the plaintiff’s amended statement of claim.

In an Aug. 4 ruling, the court considered Hamilton and the law firm’s move to strike several paragraphs of the new pleading they alleged weren’t consistent with an earlier ruling or tenable at law. Among other things, Guergis alleges Hamilton breached his duties to her when he acted to undermine her efforts to return to the Conservative caucus. None of the allegations have been proven in court.

In deciding the matter, Justice Charles Hackland found certain issues with Guergis’ pleading but he allowed her to amend it.

BLAKES LAWYER JOINS CORPORATE BOUTIQUE
Jillian Swartz has left Blake Cassels & Graydon LLP to join corporate law boutique Allen McDonald LLP.
The firm, now called Allen McDonald Swartz LLP, focuses on corporate law, capital markets transactions, and securities law. Swartz had practised at Blakes for almost 20 years.

“Jillian’s going to be an outstanding addition to our team, not only because of her years of experience, but also because of her enthusiasm, entrepreneurial spirit, and true dedication to her clients. We are thrilled for this new phase in our partnership and especially for the enhanced scope of expertise this will bring to our clients,” said Jennifer Allen, a partner at the firm.

NEW OSC VICE CHAIRMAN NAMED
The Ontario Securities Commission has tapped Norton Rose Fulbright’s Grant Vingoe to serve as a vice chairman of the regulator.

Vingoe, a graduate of Osgoode Hall Law School, has worked as a partner at international law firms in Toronto and New York, most recently with Norton Rose Fulbright.

“Grant’s extensive experience as a leader on cross-border securities initiatives, along with his strong background in corporate governance and regulatory policy, make him the ideal candidate,” said OSC chairman Howard Wetston.

LSUC DISCIPLINARY MATTERS
A Toronto lawyer will get a new hearing after successfully appealing the Law Society Tribunal’s findings of professional misconduct.

Michael Andrew Osborne, a lawyer previously disbarred by a hearing panel, challenged the findings that he had knowingly participated in fraud in relation to 11 real estate transactions in 2003 and 2004. In his appeal, he argued he was neither wilfully blind nor reckless as to their fraudulent nature and that, despite being aware of some unusual features, believed they were bona fide, according to the appeal division’s Aug. 13 ruling.

In granting a new hearing, the appeal division found that while the transactions were fraudulent, Osborne’s state of mind “was far more contentious.” It also found some instances of misapprehension of the testimony and evidence by the hearing panel in the case.

In other tribunal rulings, a hearing panel has disbarred lawyer James William Scott.

According to the Aug. 12 reasons for decision and findings on penalty, Scott had failed to co-operate with and respond to two investigations by the Law Society of Upper Canada. Among other things, the hearing panel found he had failed to serve a client and misappropriated funds held in trust. In disbarring Scott, the hearing panel noted his previous discipline history and found him ungovernable. It also ordered him to pay more than $13,000 in costs. The lawyer had failed to participate in the hearing, the panel noted.

In another case, this one before the Divisional Court, lawyer Roderick John Byrnes has lost his appeal of his disbarment.

The case against Byrnes centred on his actions in a family law case and the fees he charged to his client. He appealed after a hearing panel found he had “‘churned’ the relatively simple matrimonial file” and overcharged his client for the value of the work performed. The appeal panel dismissed his appeal last year, after which Byrnes took the matter to the Divisional Court.

In his latest appeal, Byrnes raised two new issues: that the hearing panel had incorrectly placed the onus on him to disprove the allegations and had failed to fully address the issue of his credibility.

In its ruling last week, the Divisional Court dismissed his appeal. “A review of the reasons confirms that the Hearing Panel did not reverse the onus of proof,” wrote Justice Janet Wilson in considering the hearing panel’s conclusion on overcharging in the case.
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RENU MANDHANE TO LEAD HUMAN RIGHTS COMMISSION
The provincial government has nominated Renu Mandhane as the next chief commissioner of the Ontario Human Rights Commission.

Mandhane has been with the University of Toronto since 2008, where she serves as executive director of the international human rights program at the faculty of law. Before that, she worked as a criminal lawyer representing survivors of domestic and sexual violence and federally sentenced prisoners.

While Mandhane’s nomination is subject to review by the standing committee on government agencies, the government expects her to replace interim chief commissioner Ruth Goba in the fall.

“I am excited to work with my fellow commissioners to serve Ontarians through relevant and impactful engagement that addresses the needs of the most vulnerable members of our society,” said Mandhane.

AIRD & BERLIS SPONSORS U OF T STARTUP PROGRAM
Aird & Berlis LLP is the new sponsoring legal partner of the University of Toronto’s early-stage technology program.

The program is a 12-month incubation and acceleration program co-managed by the university and MaRS that allows selected U of T-affiliated early-stage startup companies to incorporate, use office space, receive mentorship, and access $30,000 in funding.

“We are thrilled to partner with [Aird & Berlis] and leverage their legal expertise for our startups and emerging companies,” said Kurtis Scissions, co-director of the program.

“We look forward to counselling the successful companies and individuals who graduate from UTEST, and to continue working with UTEST to build a successful growth program for early-stage entrepreneurs,” said Rebecca Kacaba, partner at Aird & Berlis and leader of the firm’s startups team.

LAW STUDENT REMEMBERED
Classmates, family, and friends are remembering Stefan Djordjevic following the death of the University of Toronto Faculty of Law student this month.

Before his death on Aug. 8, the scholar and athlete worked as a private tutor, a peer-mentor for first-year law students, and a volunteer at Downtown Legal Services. He was also a student ambassador for the Ontario Bar Association.

Outside of law school activities, Djordjevic was a varsity athlete with the University of Toronto’s water polo team.

Funeral services for Djordjevic took place on Aug. 14.

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, there’s significant opposition to Prime Minister Stephen Harper’s decision to call a more-than-two-month long federal election campaign. A whopping 85 per cent of respondents oppose the move and feel it’s a tactical ploy for the Conservative party to gain an advantage in the campaign. Only 15 per cent of respondents agree with it.

Earlier this month, Harper called the election for Oct. 19. Among his reasons for the long campaign was the need to bring political activities under common election rules given that parties were already undertaking campaign-style activities.
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OSLER OPENS VANCOUVER OFFICE
Osler Hoskin & Harcourt LLP is expanding with the opening of a new Vancouver office this week.

The new office will initially have three senior partners, according to the firm. “Our clients have been encouraging us to establish a presence in this increasingly important market, with its links to industries of strategic importance to us and to the U.S. and Asia, and we’re delighted to do so,” said Dale Ponder, Osler’s managing partner.

“We’re launching our office with our newest partner, and Vancouver’s technology market leader, Mark Longo, as co-chair of our emerging companies practice. Mark will be joining Tom Isaac, the leader of our aboriginal practice, and Karen Sharlow, former justice of the Federal Court of Appeal, who is a member of our market-leading national tax litigation team. We anticipate the office will grow along with the needs of our clients.”

The new office, which will open on Aug. 12, will initially focus on emerging technology companies and investors, but the firm expects it to evolve quickly.

ROBERT BELL JOINS LERNERS
Borden Ladner Gervais LLP’s Robert Bell has left the firm to join Lerners LLP as a partner.

“Rob is a highly respected senior litigation counsel. We are honoured to have him join Lerners and add strength and depth to many of our practice areas,” says Brian Grant, managing partner of Lerners in Toronto.

“Rob brings a diverse practice and a solid reputation for collegiality and professionalism. In addition to his reputation for legal excellence, he is known as a trusted adviser and mentor to many.”

A civil litigator, Bell has expertise in product liability cases, class proceedings, and complex commercial and defamation matters, according to Lerners. “I’m joining a terrific group of litigation counsel,” said Bell.

“I am looking forward to contributing at a senior level on a wide range of mandates including class action defence and commercial cases.”

SUDBURY LAWYER DISBARRED
The Law Society Tribunal has disbarred Sudbury, Ont., lawyer Helen Florentis.

Florentis’ acts of misconduct include failing to serve five clients; misleading and failing to account to a client; practising while a suspension order was in effect during July and August 2011; and advising parties and counsel that she had obtained an order to transfer a matter to Sudbury when that wasn’t the case.

According to a summary of the July 21 order, Florentis also failed to co-operate with two investigations by the Law Society of Upper Canada.

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, 49 per cent of respondents believe a recent constitutional challenge of Bill C-51 is likely to succeed.

The poll follows a July 27 story about the challenge brought before the Ontario Superior Court of Justice by the Canadian Civil Liberties Association and Canadian Journalists for Free Expression. The challenge targets five components of Bill C-51: three sets of amendments to existing laws — the Canadian Security Intelligence Service Act, the Immigration and Refugee Protection Act, and the Criminal Code — and two new pieces of legislation — the Secure Air Travel Act and the Security of Canada Information Sharing Act.

Only 10 per cent of respondents felt the challenge is likely to fail while the remaining participants in the poll believe the courts will uphold some aspects of the law and reject others.

CLINIC FUNDING ANNOUNCED
Legal Aid Ontario has announced new funding for legal clinics based on the needs of the particular areas they serve.

Last month, LAO announced it would provide $1.5 million in funding to support legal clinics serving areas with the highest number of people living in
poverty.

The need-based allocation of funds means that, so far, clinics such as Kensington-Bellwoods Community Legal Services in Toronto have seen no increase in funding while the Community Legal Clinic of York Region is getting a 65-per-cent boost in financial support.

The allocation strategy recognizes the inequalities in funding that have developed as poverty has shifted, said Cynthia Harper, LAO’s director general for the Toronto central district.

“Poverty has moved,” said Harper. “The money is being allocated where the greatest need is.”

In the Greater Toronto Area, that means funding will follow poverty in areas such as Scarborough, Brampton, Etobicoke, North York, and Mississauga, according to Harper.

“Some clinics were finding that they had to serve this great number of people but they didn’t have the same financial resources per low-income person,” said LAO spokeswoman Genevieve Oger.

“So legal aid has opted to increase the financial resources of clinics that have the fewest resources per low-income person.” 
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LAWYER AWARDED $1K FOR HUMAN RIGHTS BREACH
The Human Rights Tribunal of Ontario has awarded a lawyer $1,000 in damages over a security guard’s treatment of him when he entered a mall with his service dog.

The July 16 award followed lawyer Andrew Sprague’s complaint the guard at the mall owned by RioCan Empress Walk Inc. made him wait when he tried to enter it with his dog, Flicka, in August 2014.

Sprague said he’s often questioned when going in places with his dog but is fine when he presents certification and a medical note. In this case, the guard made Sprague and his pregnant wife wait at the door for about four minutes while he purportedly sought clarification from a supervisor on what to do but instead went to an office to watch the couple on video.

“The applicant testified that during the wait, he was particularly concerned about his wife, who was 37 weeks pregnant,” wrote adjudicator Brian Cook. “She told him that she was feeling discomfort from standing as they waited.”

After waiting for four minutes, Sprague went into the mall and to the security office. After telling the supervisor the guard had prevented him from entering with his dog, he said Sprague could go in as long as it was a service animal.

As Cook noted in his decision, a key issue for Sprague was the presence of his pregnant wife. “It is thus clear that the fact that the applicant was with his very pregnant wife was an important contextual component of why the applicant felt that his human rights were infringed on August 22, 2014, and not on other occasions when he and Flicka had been stopped and delayed when entering business establishments,” wrote Cook, who went on to file a violation of the Human Rights Code.

“In considering the context of the events on August 22, 2014, I find that the applicant did experience an infringement of his Code-protected rights when he was denied entrance to the mall,” wrote Cook, who found the encounter was “not one that would be expected to result in a high amount of damages” and awarded Sprague $1,000 for injury to dignity, feelings, and self-respect.

NEW LAO FUNDING GOING WHERE NEEDED
As Legal Aid Ontario expands eligibility for legal aid, it says it will provide new funding to clinics based on the needs of the particular areas they serve.

Last week, LAO announced it will provide $1.5 million to support legal clinics serving areas with the most number of people living in poverty. The funding is on top of $2.4 million it provided to clinics for the 2014-15 fiscal year, says legal aid. It will also allow clinics to hire more staff, expand existing services or launch new services to support clients.

The need-based allocation of funds means so far clinics such as Kensington-Bellwoods Community Legal Services Toronto have seen no increase in funding, while the Community Legal Clinic of York Region is getting a 65-per-cent boost in support.   

The allocation strategy recognizes the inequalities in funding to clinics over the years as poverty changed its postal code, says Cynthia Harper, LAO’s director general for the Toronto central district.

“Poverty has moved,” says Harper. “The money is being allocated where the greatest need is.”

In the GTA, this means funding will follow poverty in areas such as Scarborough, Brampton, Etobicoke, North York, and Mississauga, according to Harper.

UPDATE ON NADARAJAH V. LAD
In an update to a case Law Times reported on in February, the Divisional Court has dismissed an appeal of Master Joan Haberman’s ruling upholding a decision to dismiss a personal injury case for delay.

Nadarajah v. Lad included an attempt to blame an articling student for delays in the matter.

Haberman was critical of comments by the plaintiff’s former counsel that it was the law firm’s practice to have articling students keep track of cases to ensure the court didn’t dismiss them for delay. The articling student had substance abuse problems, the court heard, and after resigning from the firm in March 2012, he “sadly took his own life in July 2012,” Haberman noted.

On July 20, the Divisional Court, while noting some errors by Haberman, found her reasons stood up to the standard of review when looked at in their entirety and said it would have reached the same result regardless.
“There is a preference toward having civil actions determined on their merits,” wrote Justice Anne Molloy.

“However, there is also a countervailing policy concern about the need for timeliness in the delivery of civil justice,” she added. “It is also important to uphold the Rules of Civil Procedure by which all actions are to be governed. For me, the length of the delay and the egregious conduct of plaintiff’s counsel take this matter over the top. It is one thing to allow indulgences, recognizing that mistakes get made, and to therefore alleviate the harshness of strict compliance with rigid rules. It is another thing to ignore the Rules altogether with impunity. In my view, weighing all of these factors into the balance and taking into account the competing public interest factors, the scales of justice are tipped toward the defence in this matter.”


REFUGEE APPEAL FUNDING MADE PERMANENT
Legal Aid Ontario is making permanent funding available for refugee appeals.

After previously providing assistance as a pilot project, LAO is using additional funding from the 2014 provincial budget to make it permanent. As a result, refugee applicants who have been unsuccessful at the refugee appeal division and are eligible to appeal can apply for legal aid to pursue their case. LAO will pay for up to 16 hours for the preparation of written submissions to the appeal division with up to four hours available should the case proceed to an oral hearing.

The permanent funding follows other recent improvements to refugee assistance, including changes announced in June in relation to humanitarian and compassionate applications, stay motions, and deferral requests.

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, 56 per cent of respondents feel the Ontario government isn’t doing enough to maintain and build courthouses. The poll follows a July 20 story about mould problems at the courthouse in Halton County that showed how capital spending on courthouse construction across Ontario has varied in the past few years and has been on the decline in recent provincial budgets.
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IMMIGRATION LAWYER CHARGED WITH SEX ASSAULT
The Toronto Police Service has laid three charges of sexual assault against a Toronto immigration lawyer.

On July 15, police arrested lawyer Richard Odeleye, 60, amid allegations that, on three separate occasions, he had sexually assaulted a 35-year-old woman who had visited his office in the Yonge Street and Sheppard Avenue area several times. The woman had retained an immigration lawyer from December 2013 to March 2014, police said in a news release.

None of the allegations have been proven in court, and Odeleye was to appear on the charges on Thursday. In the news release, police said there may be more victims.

LFO FELLOWSHIP AWARDED
The Law Foundation of Ontario has awarded a Community Leadership in Justice fellowship to Bruce Campbell of the Canadian Centre for Policy Alternatives.

Campbell, executive director of the think-tank, will use the fellowship to look into the issue of regulatory failure associated with public disasters, specifically the train derailment in Lac-Mégantic, Que., in 2013.

The foundation established the fellowship in 2006 to allow public-sector leaders and those dedicated to law reform or legal advocacy to spend all or part of an academic year at an Ontario law school, university or college.
In Campbell’s case, the University of Ottawa’s common and civil law sections will host him during the coming year.

“Research into regulatory negligence at this level and in such depth is rare,” said Paul Schabas, chairman of the foundation’s board of trustees.

“Mr. Campbell’s relationship with community members in Lac‐Mégantic affords him a unique opportunity to bring the voices of those affected by such disasters to the forefront and is extremely important to the furthering of access to justice and its intersection with policy work.”

EX-LAWYER’S LICENSING APPLICATION REJECTED
The Law Society Tribunal has rejected former lawyer Roland William Paskar’s application to practise law again.

In a good-character decision on July 15, the hearing division dismissed Paskar’s application for a licence to practise after the Law Society of Upper Canada allowed him to resign in 2000.

At the time, the discipline committee of Convocation found he had allowed himself to be a dupe of several individuals, practised law while suspended, and failed to produce books and records requested by the law society.

The case also included allegations of misleading a client and the court; acting without instructions; and failing to account to a client for trust funds.

In applying to practise again, Paskar said he planned to work as an employee or associate at a law firm.

Despite several character witnesses who made submissions in Paskar’s favour, the panel, chaired by Bencher Raj Anand, rejected his application. Among other things, it found he had continued to practise law in several instances despite his earlier resignation.

“Mr. Paskar’s conduct has been impeached,” wrote Bencher Barbara Murchie for the panel.

“He has not established by evidence of trustworthy persons, especially members of the profession and persons with whom he has been associated since 2000, that he is man of integrity and good character. He provided several letters of reference and three witnesses. The evidence showed that he has helped several people and is well-regarded by them, but this must be weighed against the overwhelming evidence we have heard that establishes unauthorized practice, lack of candour and integrity, and inappropriate behaviour.”

E-FILING FOR LANDLORDS, TENANTS
Applicants at the Landlord and Tenant Board can now file their cases online.

The new tool allows landlords and tenants to file the four most common applications online. They include applications about tenant rights; tenant applications about maintenance; applications to evict a tenant for non-payment of rent and to collect rent; and applications to end a tenancy. The tool guides users through a series of steps and then generates an application.

The board, which receives more than 80,000 applications a year, says users can still file paper applications.
 
POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, 53 per cent of respondents want to find a fair way to regulate ride-booking services such as Uber. A further 33 per cent say governments should do nothing and instead let market forces decide what happens to new entrants and the taxi industry. Just 13 per cent of participants felt authorities should crack down on violations under the current rules.

The poll follows vigorous debate in several cities about what to do about ride-booking services. The taxi industry has pushed for a crackdown as municipalities grapple with how to respond to new services.
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BLG TOPS PROSTATE CANCER FUNDRAISER
Borden Ladner Gervais LLP has topped the list of workplace fundraisers for Prostate Cancer Canada’s Wear Plaid for Dad campaign.

The firm raised almost $30,000 through contributions from its offices across Canada. The amount topped the $20,747 raised by second-place McCarthy Tétrault LLP.

“The committed and strongly ingrained sense of social responsibility demonstrated by the BLG team in support of the Wear Plaid for Dad campaign is that which has made BLG one of the leading pro bono firms in Canada,” said BLG partner and campaign chairman Alec Zimmerman.

Proceeds from the campaign will go toward research, advocacy, education, support, and awareness around prostate cancer.

POLL RESULTS
The results of the latest Law Times online poll are in.

The Trinity Western University issue never fails to generate significant interest and this poll was no exception.
With 667 participants, 84 per cent of them felt the Divisional Court had gotten it wrong in upholding the Law Society of Upper Canada’s decision not to accredit the university’s law school. The poll followed the court’s ruling earlier this month that dismissed the university’s application for judicial review of Convocation’s decision on the issue.

LAWYER ALLOWED TO SURRENDER LICENCE
The Law Society Tribunal has given a lawyer permission to surrender his licence after making several misconduct findings against him in relation to mortgage transactions.

The penalty followed Robert Gordon Durno’s admission to knowingly participating or assisting in mortgage fraud in relation to eight transactions between 2002 and 2004; acting for multiple parties with conflicting interests without adequate disclosure; and failing to be honest and candid in advising his lender clients.

A lawyer called to the bar in 1972, Durno was closing about 1,000 real estate transactions a year at the time of the eight transactions, according to hearing panel chairwoman Laura Donaldson’s July 3 reasons in the case. The ruling noted none of the lenders suffered losses as a result of the transactions.

While the Law Society of Upper Canada sought to disbar Durno, he suggested he should be able to surrender his licence. Among the mitigating factors the panel considered were his 40 years of practice with no prior discipline history, his expression of remorse, and the lengthy history of the proceeding.

“We are satisfied that the public interest will be protected, and its confidence in the legal profession will be preserved, if Mr. Durno is given permission to surrender rather than having his licence revoked,” wrote Donaldson.
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LINDA FUERST JOINS NORTON ROSE
Linda Fuerst has left Lenczner Slaght Royce Smith Griffin LLP to join Norton Rose Fulbright Canada LLP.

Fuerst joins the firm’s Toronto office as a partner in the litigation, regulation, and investigation teams. Her experience includes working as senior counsel at the Ontario Securities Commission, where she also serves as a member of the securities proceedings advisory committee.

“Linda is a tremendous addition to our litigation and regulation and investigations teams,” said Roger Smith, Norton Rose Fulbright’s national practice head of litigation in Canada.

“She is recognized as one of the top litigation lawyers in Canada in securities litigation, class actions, and regulatory matters. Regulation is a complex and growing area and a top concern for our clients and Linda will serve them extremely well.”

STUDENT LAW CLINIC OPENS
A new legal clinic has opened with the launch of Lakehead Legal Services last week.

The service at Lakehead University that opened its doors last Monday is Ontario’s seventh student legal aid service society and the first in northern Ontario.

“We look forward to this exciting opportunity to provide our students with a dynamic, hands-on learning experience, while at the same time providing a much-needed service to the Thunder Bay and Fort William First Nation communities,” said Kimberley Gagan, founding director of the clinic.

The initial services offered will cover minor criminal and Highway Traffic Act offences. Four summer students have been working since May to begin serving clients this month. Once the clinic officially opens in September, second- and third-year students at the Bora Laskin Faculty of Law will be able to work at the clinic for course credits.

DENTONS U.S. MERGER TAKES EFFECT
While the big news last week was about merger activity involving Gowling Lafleur Henderson LLP, there were happenings on other fronts this month as well.

On July 1, Dentons completed its merger with U.S. firm McKenna Long & Aldridge LLP. The merger under the Dentons US LLP banner creates a U.S. team comprising 1,100 lawyers and professionals at 21 locations.

Leading the U.S. firm are Jeff Haidet, who served as chairman of McKenna Long, and Peter Wolfson, previously managing partner of Dentons US.

“Just in the first half of this year, we have significantly advanced our global strategy, with a unique polycentric approach that highlights the importance of being in and of communities around the world,” said global chairman Joe Andrew. “Today’s milestone further supports that strategy with an enhanced presence in the U.S.”

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, there’s big support for regulating law firms in addition to individual lawyers with 80 per cent of respondents saying they favour it. The poll follows the Law Society of Upper Canada’s move to launch a task force to look at compliance-based entity regulation.

On June 25, benchers voted to put together a task force to study and make recommendations on compliance-based entity regulation, an approach touted as being more proactive that’s already in use in Australia as well as England and Wales. The approach is attracting increasing interest in the United States and other jurisdictions. In Canada, the Nova Scotia Barristers’ Society is in the process of implementing it.

Compliance-based regulation shifts the focus from responding to complaints and enforcement through discipline to setting out goals and expectations so lawyers can ensure they have the proper systems in place. The decision to look at the issue reflects the law society’s desire to keep up with changing times, according to Treasurer Janet Minor.
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ONTARIO COURT JUDGES APPOINTED
The provincial government has named two new judges of the Ontario Court of Justice as well as a case management master.

Taking a seat on the bench in Brampton, Ont., is Sonia Khemani, a lawyer called to the bar in 2001. A private practitioner specializing in child welfare litigation in Mississauga, Ont., for the past three years, she previously worked as legal counsel for the Peel Children’s Aid Society.

Also presiding in Brampton is Anthony Sullivan, a lawyer who has been a sole practitioner in Toronto practising family, immigration, and refugee law for the past 27 years.

At the Superior Court of Justice, the province has named Janet Mills a case management master. An arbitrator and mediator for the past three years, Mills was previously a registrar in bankruptcy for the Superior Court.

All of the appointments are effective today. They came as the province also announced the upcoming appointment of two regional senior judges of the Ontario Court. Justice Patrick Boucher takes on the role in the northeast region as of July 15 while Justice Joyce Elder becomes the regional senior judge for the northwest region on Aug. 12.

LEGAL FACES AMONG APPOINTMENTS TO ORDER OF CANADA
Several members of the legal profession were among those named to the Order of Canada last week.

Among those named as officers of the Order of Canada was Allen Linden, a retired judge of the Federal Court of Appeal, as well as former Quebec Court of Appeal justice Louise Otis and former Ontario associate chief justice John Morden.

The legal names among the 100 Order of Canada appointees announced last week also included Stephen Toope, a former president of the University of British Columbia who had previously served as dean of the McGill University Faculty of Law.

CLA HEAD WEIGHS IN ON LAURA LISCIO CASE
Criminal Lawyers’ Association president Anthony Moustacalis has added his voice to those reacting to the withdrawal of charges against lawyer Laura Liscio.

“I am thrilled, but not surprised, that all charges against Laura Liscio were withdrawn yesterday,” said Moustacalis following the late-June withdrawal of the charges against Liscio.

Besides commending her lawyer, Stephen Bernstein, Moustacalis also lauded the Public Prosecution Service of Canada for quickly reviewing the case and concluding there was no reasonable prospect of conviction.

In February, police arrested Liscio and charged her with smuggling drugs into the courthouse in Brampton, Ont., after she delivered a change of clothing to a prisoner there. The case raised significant concern among the bar about the risks lawyers face in delivering court clothes to clients as well as the handling of Liscio’s arrest by police.

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, the majority of respondents feel it’s time to do away with street checks by police. With the Ontario government considering how to regulate the practice, also known as carding, 58 per cent of poll participants want to abolish it.

A further 38 per cent would like to find a way to regulate carding to deal with the concerns raised over the years while less than five per cent want to keep things as they are.
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MORE DETAILS ON LAWYER WHO WROTE FAKE ORDERS
A disbarred lawyer in hot water for creating fake court orders in his client’s favour must now pay $10,000 in costs to the Law Society of Upper Canada.

The Law Society Tribunal issued the costs order in its detailed reasons released on June 18 for its decision to disbar Mississauga, Ont., lawyer Brian Nicholson.

Besides ordering costs, the reasons shed more light on the facts of Nicholson’s case. According to the reasons, Nicholson misled his clients in five litigation files. The principal client, identified in Law Society of Upper Canada v. Nicholson as R.D., had become a friend of the lawyer while he was at a previous firm. In 2012, Nicholson issued a statement of claim on behalf of R.D.’s company in relation to a business dispute but never served it on the defendant or took any other steps to pursue the claim, according to panel chairwoman Susan Opler.

After Nicholson told his client the court had granted an injunction in the case, he claimed to have brought a number of contempt motions resulting in orders that the defendant pay R.D.’s company $3 million in damages as well as $3 million in fines. Over a one-year period, Nicholson “forged 13 orders or endorsements of the Superior Court or the Court of Appeal, in the names of six sitting judges,” wrote Opler.

Other litigation files included a Small Claims Court matter in which Nicholson provided R.D. with a fake statement of defence and a forged endorsement of a judge. He also told R.D. the defendant had failed to adhere to a court order and had gone to jail as a result. “This was untrue,” wrote Opler, who noted Nicholson ended up paying his client $25,000 to cover any possible award he might have recovered and reimbursement of legal fees.

In a third matter, Nicholson told R.D. he had obtained default judgment in a case alleging a breach of contract and a non-disclosure agreement. According to Opler, he admitted to his client he hadn’t taken steps in the matter.

In a fourth case, Nicholson told R.D. the other party had admitted negligence and provided him with a fake court order with the signature of a sitting judge, Opler noted.

The final case involved an aviation company in which Nicholson told the company he had brought an unopposed motion for summary judgment that resulted in an order in May 2013. The client later learned Nicholson hadn’t brought any action. Nicholson charged the client more than $3,600 for his work on an action that never began, according to Opler.

In arguing the tribunal should allow him to surrender his licence, Nicholson noted, among other things, that his actions weren’t for his personal benefit. He also noted his personal difficulties, R.D.’s “unrealistic expectations,” and his fears about a “potentially threatening situation.”

The panel, however, rejected his request to be able to surrender his licence. “The Lawyer’s misconduct profoundly breached the trust that his clients, the legal system and the public had placed in him,” wrote Opler.

“It could only threaten the public’s trust in all lawyers. The public interest, and the need for public confidence in the legal profession, demand that the Lawyer’s licence be revoked.”

For more, see "Lawyer disbarred for writing fake orders."

POLL RESULTS
The results of the latest Law Times online poll are in.

According to the poll, 63 per cent of respondents would like to see campaign spending limits for candidates in Law Society of Upper Canada bencher elections.

The poll follows a recent letter to the editor in Law Times from candidate Jay Chauhan in which he called for spending limits.

“The fact that there are no limits placed on campaign spending works in favour of large firms,” he wrote.
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Page 5 of 25

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Law Times poll

A Law Times columnist says criminal law is out of step and argues there should be an immediate moratorium on HIV non-disclosure prosecutions, unless there is alleged intentional transmission. Do you agree?
Yes, the unjust criminalization of people living with HIV needs to change. The law has become more draconian even as HIV has become more manageable and as transmission risks decrease.
No, the law should remain as it is, and the Ministry of the Attorney General should not change its approach.