NEWSLETTER - the Middlesex Law Association

NEWSLETTER
Summer 2016
Library News
Gail Brown and Cynthia Simpson, Middlesex Law Association Librarians
MLA Chat – It’s Back!
Welcome Articling Students
Our chat reference service was down for a few
weeks after the original provider discontinued the
free platform we were using. However, they kindly
recommended another free service out there called
Zoho and, after some research and coding, we have
managed to re-instate our chat service. The nice thing
about Zoho is that it prompts you at your end to put
your name in, which is very handy for us so we know
who is trying to contact us. The service also saves the
chat history at our end so we can easily check back
on what was asked if we need to research further
offline.
We would like to welcome the articling students who
are starting this month and invite them to come by the
Practice Resource Centre. You will be heavy users of
library materials and services, so stop in and find out
how we can help you have a more successful articling
student experience. We will get your names and email
addresses in our system so we can include you in
our weekly MLA Update emails and other periodic
communications. We also provide tours of our space
and services and show you what is available both
in print and online. Please make sure to introduce
yourself to us the next time you are in the courthouse.
The service is available on weekdays between
8:30am and 4:30pm and we welcome your questions.
If we are not available for some reason, the chat
box will be greyed out with a message that we are
not logged in. Otherwise, you should be presented
with an empty box to type in your name (last name
is helpful too, especially if your first name happens
to be a common one like David or Susan) before the
chat box is available for your question.
Donations
We would like to thank Jim Zegers for donating some
recent issues of the New Yorker magazine to the
library as added reading selections for those days
when our members are stuck in the building between
court appointments.
In this Issue:
Bencher’s Report........................................5
That’s a Story for Retirement....................12
CPD Report on Past Programs.................13
Need for Mentors in the MLA....................14
80 Dundas Street, London, ON N6A 6A1
www.middlaw.on.ca 519.679.7046
Continue on Page 2
What’s Your Beef
If you have any issues or
concerns regarding the
Middlesex court facilities,
operations, judiciary,
etc., let them be known
to Robert Ledgley, the
current MLA Bench & Bar
representative.
Contact Robert Ledgley
at 519.640.6351, or by
email at
[email protected]
Newsletter
Deadline
The MLA Newsletter welcomes
your comments, articles and
advertisements.
The submission deadline for the
next MLA Newsletter issue is
August 26, 2016.
Please direct all replies to Chair
of the Newsletter Committee
Maciek Piekosz at 519.660.7718
[email protected]
2
Library News
Continued from page 1
every bit as dry as it sounds.
We would also like to thank Dale
Ives for donating a couple of
women’s court shirts which will
mean that our female lawyers won’t
be swimming in a size 16 neck
men’s shirt if they have to go into
court and don’t have their court
shirt here.
Finally, we are honoured to receive
the donation of Brian Garlough’s
robes, both summer and winter
weight versions, from his family.
Canadian Association of Law
Libraries (CALL)
This year’s CALL Conference
presented its usual dependable
opportunities for professional
development, and a way to reenergize ourselves as librarians
apart from our daily duties in the
law library. The plenary sessions
and workshops were engaging and
thought-provoking, and the chance
to network with colleagues and
vendors was invaluable.
The conference’s first plenary
session was held on Sunday
afternoon, and was surprisingly
well-attended, considering the
beautiful host city (Vancouver), the
lovely weather (sunny) and the title
of the session (The law of evidence
in the digital environment.) While
it is always helpful to learn more
about the everyday issues affecting
our library users, this session was
Far more interesting was the
second plenary session, The
Connections of Constitutional Law,
presented by B.C. lawyer Sheila
Tucker. Tucker has been counsel on
a number of landmark constitutional
cases including Carter v Canada,
which legalized physician-assisted
dying in Canada in 2015. She
reviewed Charter litigation over
the last 30 years to show how
changes to constitutional law affect
us all, with particular reference
to three more recent decisions:
Canada (Attorney General) v. PHS
Community Services Society,
2011 SCC 44, [2011] (Insite, North
America’s first supervised drug
injection site, in Downtown Eastside
Vancouver), Canada (Attorney
General) v. Bedford, [2013] S.C.J.
No. 72 (prostitution) and Carter
v. Canada (Attorney General),
[2015] S.C.J. No. 5. She left us
with the suggestion to be pro bono
librarians for cases like this. It’s
difficult, non-traditional research,
and the government has a huge
complement of support on its side.
An essential benefit of this
conference is always the
opportunity to connect in person
with other librarians from libraries
across the country, and in
particular with our colleagues
from Ontario courthouse library
system. In addition to many casual
conversations over the course
of the four days, we also had the
80 Dundas Street, London, ON N6A 6A1
Continue on Page 3
Summer 2016
Library News
Continued from page 2
opportunity for a separate meeting
of our own with approximately 35
staff members from courthouse
libraries across Ontario to discuss
various plans for continued cooperation among our libraries and
new ideas for improved service to
our members
We know you will be looking
forward to our reports on some
of these CALL sessions in future
Library News articles.
CALL Conference Recap –
Aboriginal Law
The annual Canadian Association
of Law Libraries conference
includes substantive law sessions
which allows us to get more indepth knowledge about a particular
area of law. One of the more
interesting sessions this year was
The Business of Aboriginal Law
which was especially relevant with
the recent Supreme Court decision
in Daniels. The speaker, Merle
Alexander, is a lawyer practicing
at Gowling WLG and a member of
the Kitasoo Xai’xais First Nation.
His one fault (along with his love
of acronyms) was assuming we
were aboriginal law experts. He
mentioned particular cases without
giving even brief summaries, so
further research was required
during and after the session to put
the case references in context.
The focus of his talk was on
constitutional challenges relating
to aboriginal issues and how
these have advanced First Nations
and aboriginal causes. The
convergence of strong Supreme
Court case law, the Truth &
Reconciliation Commission report,
fragile economic market conditions
www.middlaw.on.ca 519.679.7046
and the new “progressive” Liberal
government have empowered
Aboriginal peoples as never before.
Merle presented a recent history
of Aboriginal treaty rights from
the creation of section 35 of the
Constitution Act in 1982 through
to this year’s decision of Daniels
dealing with Metis and non-status
Indian rights. He focussed on
early constitutional cases such as
Sparrow, dealing with fishing rights
and the Van der Peet trilogy that
developed a modernized analytical
framework for what is or is not an
aboriginal right.
Merle took attendees through
his version of Aboriginal Law
101 and highlighted hotspots in
the development of the law. He
discussed the issues of free prior
informed consent, the duty to
consult and tied in the effects of
Continue on Page 4
3
Library News
Continued from page 3
the UN Declaration of the Rights of
Indigenous Peoples and the Truth
and Reconciliation Commission
report along with the vast case law
as it relates to these issues. He left
us with his belief that the Indian Act
cannot survive if viewed through the
section 35 lens and his prediction
that it will not exist in ten years if
the Liberal government is true to its
word to reform the laws in this area.
New Books
Ashton, Cotter, Tole. Trade-marks
Act & commentary --2016 ed.,
LexisNexis
Doorey, David. Law of work:
common law and the regulation
of work, Emond Publishing
summit.
LSUC. Oatley-McLeish guide to
motor vehicle litigation 2016.
Dyck, Dianne. Disability
management: theory, strategy
and industry practice -5th ed.,
LexisNexis
LSUC. 13th annual real estate law
summit.
Greenspan, Brian and Vincenzo
Rondinelli. Prosecuting and
defending youth criminal justice
cases: a practitioner’s handbook,
Emond Publishing
MFLA. 20th Annual Conference
on Family Law Issues.
Hall, Geoff R. Canadian
contractual interpretation law
--3rd ed., LexisNexis
HLA. 2016 Family law seminar.
Chandler, Jennifer. Law and mind:
mental health law and policy in
Canada, LexisNexis
HLA. 30th annual joint insurance
seminar.
CCLA. 22nd East Region
solicitors conference 2016.
Houlden, L.W. 2016 annotated
Bankruptcy & Insolvency Act,
Thomson Reuters
CCLA. 25th annual institute of
family law 2016.
LSUC. 10th annual family law
MFLA. 23rd Annual Conference
on Family Law Issues..
MFLA. 21st Annual Conference on
Family Law Issues.
MFLA. 22nd Annual Conference
on Family Law Issues.
n/a. Martin’s related criminal
statutes 2016-2017, Canada Law
Book
n/a. Canadian Income Tax Act
with regulations, annotated 101st
ed. 2016 Spring, CCH
n/a. Canadian master tax guide
Continue on Page 6
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80 Dundas Street, London, ON N6A 6A1
Summer 2016
Bencher’s Report
Michael M. Lerner, Lerners LLP
In May Convocation, the
Law Society confirmed its
decision to move ahead with
significant changes governing
the manner in which lawyers
are regulated in Ontario.
Presently, each licensed lawyer
in the province is regulated
individually by the Society.
Convocation has determined
that it is appropriate to develop
a procedure commonly referred
to as “compliance-based entity
regulation”. The principle
behind the change is that while
most of lawyers in the Province
practise as sole practitioners
or in small groups, there are a
number of lawyers who practise
in mid to large sized firms. A
similar approach to regulation
has been considered elsewhere,
including in Australia and in
Nova Scotia. More emphasis will
be placed on the firm or other
entity to monitor compliance so
that intervention can be made at
the earliest opportunity.
This type of regulation is
predicated that lawyers
practising regardless of size
will establish internal policies,
rules and procedures to address
common issues subject to
regulation that are frequently the
source of complaints to the Law
Society.
The hope is that proactive
measures will be taken to initially
prevent a breach of the rules of
practice and should a breach
occur, appropriate remedial
steps will be taken to prevent a
recurrence.
I have spoken to a number of
lawyers who practise as sole
practitioners or in small firms.
They seem to believe that
the adoption of compliancebased regulation will create
unnecessary and undue
hardship to them as they will
have to establish policies that
would apply only to them or the
members of their small group.
For example, in a large firm it
is essential to have pre-retainer
conflict searches conducted to
ensure that the acceptance of
a new client does not conflict
with another client of the firm.
Presumably, a sole practitioner
would know if such a situation
were to arise. Hence so says
the sole or small, why would it
be necessary for me to have a
written policy as to how issues
such as this will be handled?
Similarly, the same principles
would apply to a complaint
procedure or questions related
to the handling of account
disputes.
The short answer is the
introduction of compliancebased regulation will be
proportional. It is unlikely that
a sole practitioner would be
required to have the same
policies and procedures or to
the extent that would apply to a
large, multi-lawyer firm.
www.middlaw.on.ca 519.679.7046
Regardless, the whole concept
of compliance-based regulation
has been referred to a working
group that will develop a more
detailed and specific model and
will propose any other options
that ought to be considered.
Once a proposal is finalized,
it will then be circulated
amongst the profession for
consultation and comment in
keeping with our commitment to
accountability and transparency.
That is likely to occur during
the first half of 2017. Part of
the problem the Law Society
faces is that the introduction of
compliance-based regulation
will likely require a legislative
change to the Law Society Act.
It is impossible to predict how
quickly the legislature might be
prepared to deal with this issue.
Enhancements to the lawyer
licensing process continue to be
considered by the Professional
Development and Competency
Committee. While nothing
has been cast in stone, it will
likely become more difficult
to be licensed as a lawyer
permitted to practise in Ontario
with the introduction of the
enhancements. The changes
would be consistent with the
Society’s mandate to regulate
in the public interest. In the
course of these considerations,
there will also be an assessment
and review of the Law Practice
Program (LPP) about to enter
Continue on Page 7
5
Library News
Continued from page 4
--71st ed., 2016, CCH
Payne, Julien. Canadian family
law -6th ed., Irwin Law
Reiter, Barry. Directors’ duties in
Canada -6th ed., LexisNexis
LSUC. Annotated documents for
a power of sale.
Pozner, Larry. Cross-examination:
science and techniques -2nd ed.
LSUC. Twelve-minute civil
litigator 2012.
Rintoul, Margaret. Practitioner’s
guide to estate practce in
Ontario -4th ed.
LSUC. 2012 Oatley McLeish
guide to motor vehicle litigation.
Singer, Darryl. Accident benefits:
a practical desk reference,
Emond Publishing
MacDonald, James. 2015
annotated Divorce Act. NEW
MacPherson, Darcy L. 2014
annotated Ontario Partnerships
Act. NEW
Missing Books
Greenspan, Edward. Martin’s
Related Criminal Statutes 20122013.
n/a. The Annotated 2015
Tremeear’s Criminal Code.
Ogilvie, M.H. Canadian banking
law - 2nd ed.
Johnston, David. Canadian
securities regulation –3rd ed.
Ally
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Learn more about our level of support,
call (888) 667-5151 or visit stewart.ca.
© 2015 Stewart. All rights reserved.
See policies for full terms and conditions.
6
80 Dundas Street, London, ON N6A 6A1
Sandori, Paul. Bidding and
tendering: what is the law? --5th
ed.
Sopinka, John. The law of
evidence in Canada –4th ed.
Steinberg, David, ed. Ontario
family law practice 2015, vol. 1
[email protected]
Summer 2016
Bencher’s Report
Continued from page 5
its third year. When initially
introduced, the Law Society
undertook to conduct a
comprehensive review of the
program in its third year.
The treasurer election is upon
us. The four candidates for the
position are Raj Anand, Howard
Goldblatt, Susan McGrath
and Paul Schabas. Susan is
the only candidate who is an
elected bencher from outside of
Toronto. Benchers have been
permitted to vote since June
8th and the election of the new
treasurer will be announced in
Convocation on June 23, 2016.
Any one of these candidates will
be an excellent representative of
the profession for the next two
years.
The London Call to the Bar
is on Friday, June 17th. Most
benchers are pleased to
attend the London Call as it
is significantly smaller than
the other calls throughout
the province and has a
corresponding more intimate
and family-oriented atmosphere.
Mark M. Persaud of Toronto
will receive the Doctor of Laws,
honoris causa LLD at the
London call.
Some of the new calls
will choose to practise in
Middlesex or adjacent counties.
Regardless of where our new
calls choose to practise, I
wish them well in their future
endeavours and trust that
existing members will welcome
the new calls to the profession.
I encourage current members
of the Association to offer to
participate in the mentoring
program.
You will have recently received
notice as to the manner in
which client property is to be
preserved. The obligation
to preserve client property
is set out in Section 3.5 of
the Rules of Professional
Conduct. Generally speaking,
Continue on Page 9
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www.middlaw.on.ca 519.679.7046
7
Conflict of Interest?No problem.
Your relationship with your client will be
respected when you refer litigation or personal
injury files to us.
We can help You find the
Sandra DiMeo
SERVING SOUTH-WEST ONTARIO
[email protected]
t. 519-633-8838 x 101
Derek Sarluis, CIP
Mediator & Appraisal Umpire
Specializing in Bodily Injury
and Property Damage
disputes
Please call our ADR Coordinator or book online.
1-844-967-5782
T 416-866-2400 F 416-866-2403
www.yorkstreet.ca


 

Hon. John F. McGarry, Q.C.
Retired Superior Court Judge
udge
• Professional negligence
e
• Estates
• Employment law
• Insurance Litigation including
cluding
personal injuries
• Corporate and Commercial
ercial law
• Sexual assault claims
• Construction Disputes
566 Oxford St.
www.mandc.ca
8
(at William)
London, Ontario
80 Dundas Street, London, ON N6A 6A1
mcgarrymediations.com
t. 519-434-1221 [email protected]
200 Queens Ave., Suite 304, London, ON N6A 1J3
Summer 2016
Bencher’s Report
Continued from page 7
lawyers are required to care
for client property in as careful
and prudent a manner as if it
were his or hers own property
and lawyers are expected to
conduct themselves in a similar
manner. Client property extends
beyond papers, statements
and documents. Confidential
information is also considered
client property.
I read a recent article where
applicants to law schools in the
United States have plummeted
to a 15-year low, forcing many
schools to slash class sizes.
In Ontario there is no such
disaster. However, although
the number of applicants to law
schools continues to increase,
the number of applicants has
actually fallen by approximately
ten per cent. During a time
when some universities are
considering the establishment
of additional law schools, that
may not be as necessary as
previously thought. Regardless,
there will be approximately 2,000
new lawyers called to the bar
this month that will increase the
number of lawyers practising in
the province to close to 50,000.
Couple that with the fact that
there are approximately 8,000
licensed paralegals, it is difficult
to argue that the province is
underserviced. Notwithstanding,
there are parts of the province
where there are insufficient
lawyers to address the demand
for services. Specifically in
the north and in small rural
communities.
The Federation of Law Societies
of Canada is seeking input from
Ontario paralegals and lawyers
on draft amendments to the
Model Code of Professional
Conduct. The proposed
amendments involve rules on
competence, dishonesty/fraud,
and incriminating physical
evidence. The hope is that the
uniform Code will be adopted by
all common-law jurisdictions.
Once the new Treasurer is
elected later this month, I intend
to attempt to arrange for him\
her to come to London in the
Fall. If that is not possible, my
plan is to make myself available
in an “open house format”
to hear from any member
of the Association who has
either concerns or comments
with regard to the manner in
which the profession is being
regulated. My preference is
to be able to be pro-active
and take your concerns to the
Society prior to them becoming
significant issues. While I have
no assurance that anyone may
want to attend, I will at least
provide that opportunity.
The manner in which lawyers
advertise and promote their
services is under scrutiny
by a working group of the
Professional Regulation
Committee. A number of
www.middlaw.on.ca 519.679.7046
complaints have been received.
I particularly object to those
ads that are exaggerated,
misleading or untrue. I believe
some lawyers have abused
the privilege of being able
to advertise their services.
I often say that when I was
called I entered an honourable
profession. It seems that
profession is now nothing
different than any other
business. Our challenge is
practise as professionals and
not just business-persons. If
you have an opinion, make your
voice heard.
In this edition, I continue to
introduce to you benchers from
inside and outside of Toronto.
That feature is continued again
this month.
While we no longer enjoy the
reduced pace of what was
previously referred to as “a
long vacation” over the summer
months when the Superior
Courts rarely sat, I hope as the
better weather and summer
approaches that everyone will
be able to adjust his or her
schedule to allow for more
time with family and for the
opportunity to enjoy outside
leisure activities. As this will
be the last report between now
and September Convocation,
I extend my best wishes to
everyone for a summer of
relaxation with time away from
the office.
9
NOTICE TO CLIENTS
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terminated their partnership and will continue their separate practices as follows
ANISSIMOFF LAW
Barristers and Solicitors
ANISSIMOFF & ASSOCIATES INC.
Patent & Trademark Agents
140 Fullarton Street, Suite 101, Talbot Centre
London, Ontario, N6A 5P2
[email protected]
Tel: 519-673-5591: Fax: 519-673-6784
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HARJ MANN LAW PROFESSIONAL CORPORATION
Suite 101, 140 Fullarton Street, Talbot Centre
London, Ontario, N6A 5P2
Tel: 519-636-0066: Fax: 519-673-6784
[email protected]
www.harjmannlaw.com
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Malcolm Bennett
SERVING SOUTH-WEST ONTARIO
John W. Makins,
B.A., LL.B.
Mediator & Arbitrator
Personal Injury, Medical and
Professional Negligence,
Product Liability,
Insurance Claims
Please call our ADR Coordinator or book online.
1-844-967-5782
T 416-866-2400 F 416-866-2403
www.yorkstreet.ca
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With 40 years of experience in Family
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As senior partner in the family law department at McKenzie Lake
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Mr. Bennett is a member of the Ontario Association of
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tel: 519-667-2621
email: [email protected]
80 Dundas Street, London, ON N6A 6A1
website: www.mckenzielake.com
Summer 2016
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B.A., LLB., C.Med.
Peter is highly regarded for his experience in
resolving insurance and personal injury disputes.
Since his transition from a 22 year law practice to
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to
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If you are a solicitor with an existing practice in corporate/commercial, wills & estates and/or real estate law,
and are looking to lower your overhead, the partners of Little, Inglis, Price & Ewer LLP are interested in having
a discussion with you about joining us.
In our partnership’s business model, after each lawyer pays the monthly overhead and expenses attributable to
that lawyer, the balance of that lawyer’s collected fees are paid to her or him.
One of the results of our system is that there are no arguments about billings or earnings. That makes our firm a
place where you should always look forward to coming to work. It is that way for us.
We are all busy, with established practices. This means that there is also an opportunity for the referral of work.
If you are interested in talking to us about merging your practice with ours, please call Kim Little, Grant Inglis
or Tim Price in confidence at 519-672-5415.
www.middlaw.on.ca 519.679.7046
11
That’s A Story For The Retirement Speech
Jake Aitcheson, Lerners LLP
Being a young lawyer in his
first year of practice, David
Medcalf was just thankful to
have consistent clients who
kept him busy. One particular
client was Larry the Landlord, an
older European gentleman who
operated a few low-end rental
properties in London and the
surrounding area. David was
constantly tasked with Larry’s
“glory” work, be it anything from
evicting tenants to defending
him against frivolous allegations.
On one particular day, Larry
barged into David’s office and
requested immediate assistance
after being served with a Notice
from the Landlord Tenant Board
(LTB) of a hearing that same
day. Prioritizing his client’s
needs, and appreciating that
this was a valued (paying) client,
David agreed to help without
hesitation. When questioned
by David, Larry confirmed that
he had no earlier knowledge of
the hearing and was completely
surprised by the Notice. On this
basis, David assured him that he
would adjourn the hearing to a
future date and in the meantime,
would assist him in whatever he
needed. With this plan, the two
headed off to the LTB.
As lawyers are given priority at
the LTB, David and Larry were
invited to be heard first. David
requested an adjournment
and explained to the Tribunal
12
Member that his client had been
provided insufficient notice and
had only now been able to retain
counsel to defend his interests.
Appreciating the circumstances,
the Tribunal Member agreed that
it was an issue and looked to
the Tenant for a response. The
Tenant was adamant that he
had had served Larry, stating,
“No, No, I know I gave it to him!”
Upon hearing this allegation,
Larry erupted, “No way, I never
got it!” Restoring order, the
Tribunal Member looked to the
Tenant and explained that the
hearing had to be adjourned
given the lack of notice and
Larry’s right to defend himself in
a fair manner.
The Tribunal Member then
began to look through the
file to make a notation when
he said, “Hang on, just wait a
minute here. Mr. Medcalf, I’m
reading the file here and I see
a note from one of our staff
members recording a call from
Mr. Landlord, and he apparently
said, “I received your notice and
you can shove it up your @$$.”
Shocked by this information,
David requested a minute to
confer with his client; turning
to Larry, David whispered,
“Look…that sounds like
something you’d say.” Without
skipping a beat, Larry leapt to
his feet and screamed at the
Tribunal Member, “I know what
communists are, and you’re a
bunch of communists!” He then
turned on his heels and stormed
out of the room, leaving David to
gracefully apologize.
Afterwards, being the diligent
lawyer that he is, David
attempted to confirm the events
of the day with Larry. Again,
recognizing that this was a
valued client, David didn’t want
to just write a reporting letter, he
wanted to speak to Larry directly.
Therefore, David made his way
to Larry’s seedy establishment
at the end of the day with
a reporting letter in hand.
However, as David entered the
establishment, he was suddenly
attacked by a frail elderly
woman, who literally chased him
from the premises wielding a
broom. David later learned that
Larry had instructed Betsy the
Bouncer to protect him from any
more lawsuits, and she, sworn
to this duty, believed that David
was a process server. Needless
to say, after this ordeal, David
mailed the reporting letter – and
all future letters to Larry – and
followed up by telephone.
David currently practices plaintiff
personal injury and commercial
litigation at Kirwin Fryday
Medcalf: Lawhouse on Fullarton
Street. He has made several
successful appearances before
the Ontario Superior Court of
Justice and the Ontario Court of
80 Dundas Street, London, ON N6A 6A1
Continue on Page 17
Summer 2016
CPD Report on Past Programs
Paula Puddy, Middlesex Law Association CPD Director
The Eleventh Annual Straight
from the Bench Conference
The Middlesex Law Association
held its Eleventh Annual Straight
from the Bench Conference on
Thursday, June 9, 2016.
This year’s Conference
welcomed 130 lawyers, judges
and sponsors who covered
a variety of “hot” litigation
topics. The topics included a
panel discussion on pre-trial
conferences, the duty of lawyers
to raise adverse authority, the
duty of good faith, piercing the
corporate veil, the standard of
appellate review, a criminal law
update on the “Textalyzer”, and
a demonstration disqualifying an
expert.
We were delighted to once again
welcome a judge from Ontario’s
Court of Appeal. We enjoyed
The Honourable Madam Justice
Epstein’s presentation entitled
“It Is Always About the People”
during which she shared many
stories about “People” who
had impacted her life when
appearing before her as a
trial judge. Furthermore, she
shared tips on what makes an
effective argument by “telling
a story”. (Thank-you to Vince
Calzonetti, Anne Marie Frauts
and the Frauts Dobbie team for
accommodating her Honour
before her presentation.)
One of the highlights of
this year’s conference was
hearing Dr. Denis Shackel
of the Ivey Business School
deliver his key note luncheon
presentation entitled,
“Leadership Lessons Learned
Five Seconds at a Time”. It
was an extremely moving
and inspiring presentation.
Check out the following link if
you missed his presentation:
https://www.youtube.com/
watch?v=yBhkWrKuYqk
Regional Senior Justice Heeney
delivered an enthusiastic State of
the Region address which was
informative and comprehensive
despite the technology glitch
which I truly believed was due to
user error (which it wasn’t)!
Thank you to the Honourable
Madam Justice Lynne Leitch for
acting as our judicial chair of this
conference for the tenth year in
a row. Clearly, her Honour is
committed to delivering a high
quality and practical litigation
conference in southwestern
Ontario.
The agenda this year was
fantastic which is thanks to
my wonderful co-chairs of the
conference: Ms. Anne Marie
Frauts of Frauts Dobbie, Ms.
Dara Lambe of Lerners LLP,
and Ms. Dagmara Wozniak of
Siskinds LLP. Thank-you for
your contribution and for your
extensive involvement in creating
the agenda, soliciting speakers,
www.middlaw.on.ca 519.679.7046
mc’ing the event, moderating
and organizing the panels and
dealing with a date change!
Thank-you to all of the counsel
and judiciary for their practical
advice and their efforts in
making the conference a
success. They are as follows:
The Honourable Mr. Justice
Ian Leach, The Honourable Mr.
Justice Grace, Dr. Stephen Pitel,
Joyce Thomas, Brent Hodge,
Jennifer Mitchell, Alex Mouret,
James Zegers, Bill Clayton, John
Downing and Lindsay Campbell.
We are pleased to make a
donation to London Lawyers
Feed the Hungry on behalf
of our chairs and all of our
speakers.
Finally, special thanks to
our sponsors for helping us
make this event a success. In
particular, thank-you to our
sponsors for their on-going
sponsorship, as well as their
generous door prizes, swag and
draws. We are fortunate to have
such committed legal service
providers in our community.
Thank-you to our generous Gold
Sponsor: Henderson Structured
Settlements LP.
Thanks to our Silver Sponsors:
Calzonettimediate, MDD
Forensic Accountants, Hoare
Dalton | Marcus & Associates
Continue on Page 14
13
CPD Report
Continued from page 13
and PWC LLP.
The Need for Mentors in the MLA
Laura Camarra, Legate & Associates
Call to Action: The Need for
Mentors in the MLA
Thanks to our Bronze Sponsors:
The Advocates’ Society, Davis
Martindale LLP, DMA Rehability,
McKeating Actuarial Services
Inc., McKellar Structured
Settlements Inc., and Rehab
First Inc.
This event would not be possible
without the tremendous support
of our members. Thank you for
your on-going attendance to
our local events, seminars and
conferences.
An honourable mention goes
to McKenzie Lake Lawyers LLP
for having 14 lawyers attend the
conference which I believe was
spearheaded by Erin Rankin
Nash!
Please pencil into your
calendars, Thursday June 8,
2017, which will be the date for
the 12th Annual Straight from the
Bench conference.
Although the Mentor Program is
a fairly new initiative of the MLA,
the demand for mentors is high.
While some of us have been very
fortunate to have experienced
conscientious and dedicated
mentors in our workplaces,
others have not been so lucky.
Mentors have an important role
to play in shaping the profession,
helping to improve the level of
service provided by lawyers in our
community. Mentors also have an
important role to play in retaining
lawyers in the profession, especially
women. At a time when graduation
rates for women from law school
continue to rise, retention rates for
women in the profession remain
stagnant.
As a mentor, the requirements of
the program are minimal. Mentors
are available to answer questions
and provide general guidance to
their mentees on navigating the
tricky waters of the practice of law,
whether it is client management,
dealing with counsel or building a
practice. The amount of interaction
will depend upon the mentor’s
availability. There is no minimum
time commitment required, and any
amount of time is appreciated.
If you are interested in participating
in this worthwhile initiative, please
contact me at
[email protected] or
Hermina Nuric at
[email protected].
Please note that materials
from Straight from the Bench
are available for purchase for
$100.00 + ($13.00) HST =
$113.00 by sending a cheque
payable to the MLA. The
materials include papers on the
topics mentioned above and are
quite extensive. If you would
prefer a paperless copy (pdf
file), the materials are available
for $50.00 + ($6.50) HST =
$56.50.
14
80 Dundas Street, London, ON N6A 6A1
Summer 2016
Ask us about our
ATTENDANT
CARE
SERVICES
the forgotten kettle
a sign your aging parent needs help
Take the first step.
Call us at 519.913.1662 or
visit HomeInstead.com/london-on
© 2016 Home Instead, Inc.
You can’t always be there. But we can.
With Home Instead Senior Care, caring for an aging
loved one doesn’t have to be a struggle. It’s why we
offer everything from individualized help around the
house to advanced Alzheimer’s care—to keep them
safe and sound at home, instead of anywhere else.
Each Home Instead Senior Care franchise office is independently owned and operated.
www.middlaw.on.ca 519.679.7046
15
Middlesex Law Association
Annual Golf Tournament
Thursday, September 29th, 2016
HIGHLAND GOLF & COUNTRY CLUB
Supporting London Lawyers Feed the Hungry
Registration:
10:30 a.m. – 12:00 p.m.
BBQ Lunch:
11:30 a.m.
Shotgun Start:
1:00 p.m.
Dinner and Awards: 6:30 p.m.
EARLY BIRD PRIZE!
Register and Pay by July 29th, 2016 to qualify!
$150.00 per person (including HST) includes:
Cart
BBQ Lunch Buffet Dinner S.W.A.G!
CHOOSE YOUR GAME: Traditional or Scramble/Best Ball
Register and pay by September 16, 2016 by sending your registration form to:
Middlesex Law Association
Ground Floor, Unit N
80 Dundas Street
London, Ontario
N6A 6A1
Registrations are transferrable but are not refundable after September 16, 2016
16
80 Dundas Street, London, ON N6A 6A1
Summer 2016

That’s A Story for Retirement
Continued from page 12
Appeal, as well as before various
administrative tribunals.
Cohen Highley LLP is extremely proud to
be a recipient of the 2016 David C. Onley
Award which recognizes Ontarians who
have gone above and beyond in improving
accessibility for people with disabilities.
David C. Onley Award for
Leadership in Accessibility
Cohen Highley believes that accessibility
enables people to achieve their full potential. As such, ensuring our employment
policies, our offices and services are accessible is an integral part of our commitment to providing our clients and staff with
exemplary service.
Cohen Highley...
We’re Listening

London
519-672-9330
Kitchener
226-476-4444
Sarnia
519-344-2020
Chatham
226-494-1034
I would like to thank David for
this hilarious encounter and I
hope it makes you all laugh as
hard I did when I first heard it.
As I said in May’s Newsletter,
the purpose of this column is to
recount those strange, unique,
hilarious tales and stories that
only arise in the practice of law.
If you have a funny anecdote,
or even a minor slip up, I would
be more than happy to hear it.
Please contact me by telephone
(519.640.6396) or email
([email protected]).
www.CohenHighley.com
383 RICHMOND ST. SUITE# 1105
FOR LEASE
1,658 SQ. FT. FOR LEASE
The 11th floor of the Royal Bank Building in London offers a superb view of the Thames
River and the City of London.
Electronic security, security patrol in building, 1,658 sq. ft. over 6 offices and open reception with
sitting area. Large master office features two walls of window view overlooking the city. Offices are
freshly painted and feature broadloom with a separate storage room. Parking nearby at the vibrant
Covent Garden Market.
221 Sq. Ft. executive office with
2 views $1,000
180 Sq. Ft. south view $800
180 Sq. Ft. west view $800
100 Sq. Ft. north view $600
100 Sq. Ft. north view $600
90 Sq. Ft. no view $325
Receptionist & waiting room area
approximately 867 Sq. Ft.
Total Suite: $3,200 p.m.
For more details contact:
PETER BEHR 519-438-4530 / 519-871-1293
These statements are based upon the information furnished by the principals and sources which we deem reliable, for which we assume no responsibility but which we believe to be correct. This submission is made subject to prior sale, change in price
or items, or withdrawal without notice. Prospective purchasers or tenants should not construe this information as legal or tax advice and should verify this information to their satisfaction through their counsel, accountant and/or advisors on matters
relating to this presentation.
www.middlaw.on.ca 519.679.7046
17
Meet the Benchers
Michael M. Lerner, Lerners LLP
JOSEPH GROIA
Joseph Groia is a principal of
Groia & Company Professional
Corporation. He practices
securities litigation, acting as
counsel in a wide range of civil,
quasi-criminal, criminal and
administrative cases. During
his career as a securities
litigator Mr. Groia has acted as
counsel in many of Canada’s
most important securities cases
including: Asbestos, Bre-X,
Canadian Tire, Cinar, Hollinger,
Torstar/Southam, Phillip Services
and YBM. In January, 2008 Mr.
Groia was featured as a premier
Canadian securities litigator in
Canadian Lawyer Magazine.
Mr. Groia’s most noteworthy
professional accomplishment
was his leadership of the team
which successfully defended Mr.
John Felderhof in the 10 year
prosecution of charges arising
out of the collapse of Bre-X
Minerals Ltd.
Mr. Groia received his B.A.
18
and J.D. from the University of
Toronto and was called to the
Ontario Bar in 1981. In 1985 he
joined the Ontario Securities
Commission (OSC) as the
associate general counsel
responsible for litigation
matters, and subsequently, from
October 1987 until March 1990
he was the OSC’s Director of
Enforcement. He joined Heenan
Blaikie’s Toronto office in 1990,
where he practiced corporate
and securities litigation as a
partner until he left to start up
Groia & Company on January 1,
2000.
Mr. Groia has been ranked as
one of Canada’s 500 Leading
Lawyers (Lexpert) since
2000 and named as one of
Canada’s 25 Most Influential
Lawyers in 2013 (Canadian
Lawyer Magazine). Mr. Groia
is consistently rated as one of
Canada’s top securities litigators
by the same publication.
In May 2015, Mr. Groia was
elected by lawyers in Ontario
to serve as Bencher of the Law
Society of Upper Canada.
JANIS CRIGER
Called to the Bar in 1985, after
articles with Gerald A. Swaye,
Q.C.
Worked full-time until 1993,
when I took a couple of years
working very part-time and
organizing my family.
Started my sole practice in my
home in 1995, and practiced fulltime there until 2006.
Appointed as a Deputy Judge
of the Hamilton Small Claims
Court in 1996 and have been
continuously re-appointed every
three years since then.
Practiced in an office from 2006
to 2015, when I:
a. was elected as a Bencher
(thank you) and
b. gave up practicing law, to
concentrate on being a Bencher
and a Deputy Judge.
I am very much enjoying being
a Bencher. I am a member of
the Hearing Division at the Law
Society Tribunal. I work hard at
being a Bencher, adjudicating
Law Society Tribunal cases and
Deputy Judging. Given my
history I am, of course, a big
supporter of ‘soles and smalls’.
80 Dundas Street, London, ON N6A 6A1
Summer 2016
He who wins last, wins.
Whether you won at trial and face an appeal or lost at trial and wish to launch
an appeal, we can help you determine the final outcome for your client.
To sign up for the Lerners’ Appellate Advocacy Netletter, visit www.lerners.ca/appealsnetletter
Toronto: 416 867 3076
Earl A. Cherniak, Q.C., William Pepall, Kirk Boggs, Mark Freiman, Angus McKinnon, Bryan Smith,
Jasmine Akbarali, Brian Radnoff, Cynthia Kuehl, Jason Squire, Stuart Zacharias
London: 519 672 4510
Peter Kryworuk, Andrew Murray, Carolyn Brandow
www.lerners.ca
www.middlaw.on.ca 519.679.7046
19
MLA Annual Golf Tournament
Daniel R. Mailer, Cram & Associates
Middlesex Law Association
Annual Golf Tournament: The
Most Litigious Tournament In The
Most Litigious Sport
Attention London and MLA
Lawyers! The annual MLA
Invitational Golf Tournament will be
held at the Highland Golf Course
on Thursday, September 29th,
2016 and you are invited! The golf
tournament notice appears in this
month’s edition of the newsletter
and you can find details there.
On behalf of the entertainment
committee of the MLA, I am writing
to personally invite all of you to
attend. You should consider it
because, after all, lawyers and golf
fit together like a hand in a glove.
And with our busy practices, a day
spent on the golf course may be
the most relaxing opportunity to
enjoy a client-free and spouse-free
time in a natural setting that you
can find (assuming your cell phone
and GPS are turned off).
This year’s event takes us back to
the Highland which is a wonderful
course and club. The beverages
are always cold, the lunch and
dinner delicious and the speeches
short. There are prizes, often for
nearly every golfer, and specialty
holes where you can prove your
golf prowess.
And for the litigators amongst us,
your time on the golf course could
give you special insight into that
20
next golf-related personal injury or
business litigation lawsuit. In 2007,
UWO law professor Craig Brown,
penned a tome entitled “Why
Lawyers Love Golf”. He described
how a potential lawsuit lurked
around every swing of the club,
strike of the ball, and who knows
what else? Golf can be a legal
minefield and is one of the most
litigious sports around. From Rory
McIlroy suing his former manager,
to Trump suing the Scottish town
for his next planned course or the
elderly Irishman suing his former
club for reducing his handicap by
two strokes, it’s all fertile ground
to sue. Golfers have sued over
injuries suffered from stepping
into gopher holes on the course or
being struck by errant balls. In fact,
I still remember that one of the first
civil pre-trials that I attended related
to a person on the ladies tee being
struck by a golfer teeing off on the
men’s tee. And I still remember
the day that our firm tournament
and lavish Hunt Club dinner was
cancelled when John Cram was
struck by an errant ball. Thankfully,
his injury was not too serious. But I
digress.
This year’s tournament should be
lots of fun and again, we hope you
will consider signing up. The price
is right, $150 a person and an early
bird prize for a free foursome next
year. See you in September!
80 Dundas Street, London, ON N6A 6A1
Letter to the Editor
Ladies and gentlemen of the
Middlesex Law Association, I’m
just a caveman. I fell in some
ice and later got thawed out by
some of your scientists. Your
world frightens and confuses me.
Sometimes the honking horns of
your traffic make me want to get
out of my BMW, and run off into
the hills. Sometimes when I get
a message on my fax machine
I wonder “did little demons get
inside and type it?”, I don’t know,
my primitive mind can’t grasp
these concepts... But there is one
thing I do know; our local legal
association’s newsletter ought to
be called “the MLA Guardian”,
appropriately conveying the
publication’s function as a
defender of our right to express
our opinions without censorship or
restraint. Thank you.
Keyrock, Unfrozen Caveman
Lawyer
Summer 2016
M. Diann Vail
BA (Hons), CGA
Forensic Document Examiner
Court Qualified
519-668-5677
[email protected]
DOWNS LAW
ASSOCIATE POSITION – SOLICITOR PRACTICE
Downs Law (formerly M. Paul Downs), a
well-established law firm operating in the City
of London since 1977, is currently recruiting
an Associate for its Solicitor Practice. The
Solicitor Practice is an established, thriving,
real-estate, corporate and succession law
practice.
The Associate will oversee the Solicitor
Practice including will preparation, estate
administration, real estate and commercial
transactions including purchases, sales and
finance transactions, and corporate practice.
3-years experience with a past and present
focus on solicitor work in a law firm. Strong
interpersonal skills should complement
excellent written and verbal communication
skills. Whether working autonomously or
as part of the team, your focus, diligence
and attention to detail will ensure your work
product is second to none.
Our remuneration package is competitive.
This role represents a great opportunity to
develop your career and reputation within
a challenging and professional environment
of a reputable London firm. Please submit
your resume and cover letter to Paula Downs,
Downs Law, [email protected].
The successful candidate will have at least
www.middlaw.on.ca 519.679.7046
21
Your Say
Marshall Mayne, Carlyle Peterson Lawyers LLP
There are many places to go for
lunch in London, and many lawyers
who like to go for lunch. This
month’s your say is, “What is your
favourite place to go for lunch?”
Wich is wich. Jerk chicken
sandwich rocks.
George Hamzo, Shillingtons LLP
I like Cora’s. Simple, tasty, and a
piece of maple fudge “to go”!
Paula Puddy, Director of Continuing
Professional Development,
Middlesex Law Association
Thaifoon! Most notably the fresh
rolls and peanut pasta.
Jelena Buac, McKenzie Lake
Lawyers LLP
Abruzzi always has a great lunch
menu, and I love this time of the
year when they open the front
windows. They’re also fantastic
at accommodating any dietary
restrictions, and their delicious
espresso will help you get through
the rest of your day.
Louise Mimnagh, Mimnagh Law
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22
80 Dundas Street, London, ON N6A 6A1
Summer 2016
Insurance Claims
Valuations
Personal Injury
Commercial Litigation
Jessy Hawley CPA, CGA, CFF
Gary Phelps CPA, CMA, CFF, CFE
Ron Martindale CPA, CA, LPA, CBV, CFF
[email protected]
London: 519.673.3141
Toronto: 416.840.8050
davismartindale.com
www.middlaw.on.ca 519.679.7046
23
Member Updates
Gail Brown and Cynthia Simpson, Middlesex Law Association Librarians
Nike Cake – new member
practicing at Millars Law and his
email is [email protected]
Kelly Nenniger – is now practicing
at Strong MacDougall Oudekerk
and her email is
[email protected]
Carolyn McKeen – has joined
Foster Townsend Graham
Associates and her email is
[email protected]
Emily Assini – is now practicing
at McKenzie Lake and her email is
[email protected]
Bill Mitches – is now practicing
at Harrison Pensa and his email is
[email protected]
Stephanie Shreve – is now
practicing at McMahon Morrison
Watts and her email is
[email protected]
Serge Anissimoff – has ended
his association with Harj Mann
and his firm name has changed to
Anissimoff Law. All other contact
information is the same
Harj Mann – his new firm is Harj
Mann Law. His address and fax are
the same but his phone number
has changed to 519-636-0066 and
his email is now
[email protected]
Johnstone & Cowling LLP – the
firm address has changed to 441
Jarvis St., Toronto, ON M4Y 2G8
24
and the phone has changed to
416-546-2103
Beth Leaper – her suite number
has changed to 110 but all other
contact information is the same
Daniel Hynes – new member
practicing at Legate & Associates
and his email is [email protected]
Kristine Jackson – is now
practicing with Darlene Daley and
her email is [email protected]
Ron Montes – new call practicing
at Only Immigration and his email is
[email protected]
Xin Sun – new call at Brown Beattie
O’Donovan and his email is
[email protected]
Anna Berger – new call at Harrison
Pensa and her email is
[email protected]
Jean-Marc Metrailler – new call
at Harrison Pensa and his email is
[email protected]
Robert McKeown – his address
has changed to 2954 Stoney Creek,
Bright’s Grove, ON N0N 1C0
Kristen Thomas – new call
practicing at DeMelo Law and her
email is [email protected]
Children’s Aid-Legal Dept. – as of
July 4th, the legal department will
be moving back to the main CAS
office at 1680 Oxford St E., PO Box
7010, London N5Y 5R8 -all else the
same
Geoffrey Lowe – new call
practicing at McCall Dawson
Osterberg Handler and his email is
[email protected]
Heather Barnes – new call
practicing at Ron Ellis Law and her
email is [email protected]
Ayren Brown – new call practicing
at Dyer Brown and his email is
[email protected]
Rob Danter – new call at Harrison
Pensa and his email is
[email protected]
Katelyn Andersen – new call at
Simpson Law and her email is
[email protected]
Sam Marino – has moved to
478 Waterloo St., London N6B 2P6,
all else the same
80 Dundas Street, London, ON N6A 6A1
Summer 2016
ASSOCIATE POSITION
Hassan Law seeks entrepreneurial,
hardworking, self-motivated associates.
Who we need:
•
Experiencewithanytypeorgenerallitigation,butfamilylawand/orpersonal
injuryisanadvantage.
•
Strongorganizationalskills.
•
Strongtechnicalskillsandwillingnesstoassumesupervisoryroleover
thefirm’stechnology.
•
Abilitytoread,write,andspeakArabic,Farsi,Urdu,Hindi,Spanish,Italian,
French,Mandarinorotherlanguageswillbegivensignifcantweight.
What we offer:
•
Equitableremuneration,equalopportunity,collegial,supportive,disciplined
professionalenvironment.
•
Aninterestingopportunityforalawyerwhoisseekingtogainpractical
experiencewithrunningfilesanddevelopingalongtermpractice.
•
Strongfirmadministration.
Pleaseforwardyourresumeandreferencesinconfidencebyemailto:
Attn:HocineZenile–[email protected]
Paul Trudell brings more than 30 years
of litigation experience to the mediation
table, including 9 years as mediator.
• Personal Injury
• Commercial Disputes
• Disability Claims
• Estate Conflicts
• Insurance Litigation
• Employment Law
To mediate with Paul Trudell,
please call 416-964-7497
or email [email protected]
T: 416 964 7497 www.globalresolutions.com
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27
Beth Traynor, Partner
[email protected]
519.660.7890
Jennifer Costin, Partner
[email protected]
519.660.7706
Workplace Investigations
and Mediations
When you refer work to us, you can expect cost-effective, high-quality results from lawyers
who respect your referral. We get the job done, while providing you and your clients
with transparent communications and timely responses.
We are experienced labour and employment lawyers who understand the law, the issues, and
practical workplace realities. Call or email us to learn more about our workplace investigation
and mediation services for employment law issues.
www.siskinds.com
28
80 Dundas Street, London, ON N6A 6A1