Never Show up Late! - Durham Region Law Association

Durham Region Law Association
Fall 2015 Vol. 1 Issue V
~ From your President ~
Deb Hastings
Time flies with another successful year of the DRLA.
We would like to thank everyone who has attended our events
over the past year.. Our Golf Tournament saw a huge number
of members and we are glad this event continues to grow
with enthusiasm. Congratulations to Justice Woodley and
Justice Furset as they were sworn in the spring of 2015.
Our CPDs are seeing great turn out as well. Stay tuned
for the list of what we are offering in 2016. We would like to
extend a warm welcome to all our new lawyers and hope that
you will attend our socials to meet and greet our diverse
community.
We sadly send our thoughts and prayers to the family
and friends of H. Hon. R.P. Taillon, Raymond Peter (Ray).
Appointed to the Ontario Court of Justice in 1991, he
served as Regional Senior Justice for the Central East for 6
years and was a member of the Ontario Judicial Council. He
has left us with a wonderful legacy.
We hope you will join us for our 2nd Annual Holiday
Luncheon held on December 16th, 2015 from noon to 2 p.m.
in the Lawyer's Lounge. We ask that you bring a new toy,
clothing or food. All proceeds will be delivered to the
Salvation Army in the courthouse.
On behalf of the Board of Directors we would like to
wish you a Happy Holiday and we look forward to serving
you in the New Year.
DURHAM REGION LAW
ASSOCIATION
COURT HOUSE
EDITOR
KELLY AITCHISON
BARRISTER &
SOLICITOR
DESIGN
JENNIE CLARKE
CONTRIBUTORS
RUSSELL ALEXANDER
LAWRENCE BERG
JENNIE CLARKE
ANDREW ELRICK
BARRY EVANS
DEB HASTINGS
Published by
Rapid Reproductions
http://
~ Practicing Law ~
Andrew Elrick
Practicing law, to paraphrase Churchill on democracy, may be the worst way to earn a living – next to all
the others. Sort of like the iocaine poison in The Princess Bride: it’s odourless (okay, you can’t always
say the same about practicing law here) and tasteless (like an Al Risen speech), but it’ll kill you, just the
same.
And let’s face it, Durham Region is a pretty darn good place to purvey our trade: It’s a small enough
jurisdiction that you get to know the other lawyers, the judges, and the court staff, but not so small that
if the heat’s on, you can’t still fake your own death. (Wait, was that last part out loud?) That being said,
I’m sure more than once, Jackie Traviss has wished she could help me go through with it.
We certainly can’t complain about our swanky new courthouse. It’s now the standard by which all new
courthouses in Ontario are measured. Didn’t they say that about the Pinto before the gas tanks started
exploding? Stupid buzzkill Ralph Nader. At least we aren’t running estreatment hearings out of
Coleman tents on the front yard like they were up in
Newmarket.
On top of that, it has both a Tim Hortons and… well, that other
place that used to be. The one no one seems to bother with, so
it had tumbleweeds blowing across the cash register, while Tims
is lined up like the Stones are about to do a set. And let’s not
even get into the citizens ahead of and behind you in the queue,
who look like Jesse Pinkman’s meth-head friends in Breaking
Bad. Nothing like waiting for your double-double with the guy
you just spent half an hour cross-examining.
I do enjoy spending time in the barrister’s lounge. (I assume we
are still allowed to call it that even though we are bare licensees.
Still, I suppose “Licensee’s Lounge” sounds just too weird, more like where you’d hang out while Patty
and Selma at the MTO decide just how much they’ll make you look like John Wayne Gacy in your next
driver’s licence photo.) I appreciate that Jennie Clarke might get suspicious seeing us take in 100 lbs of
yeast and some copper line, but is it too much to ask that we get a decent still set up in there behind a
false wall? They built three escape tunnels under stoves in The Great Escape, for crying out loud. If you
do happen to spot Mark Jacula heading in there with a few sheets of drywall and a sack of potatoes,
don’t ask any questions.
It is also too bad we’ve reached the point where we need such elaborate security at the front doors. That
being said, the characters you see sliding off their January flip-flops to go through don’t exactly look like
if they’re thwarted, their next step to get in would be hanging upside down from the roof like Tom
Cruise trying to hack the NOC list from the CIA database. Then again, if you knew the sort of illicit
contraband that Denise Branton has tried to smuggle into the building, you’d be glad all bags get
searched on entry.
Still beats the good old days of having half a dozen mall-front courthouses scattered across half a dozen
plazas throughout Whitby and Oshawa. It was always entertaining watching the criminal lawyers race
like Goggles Pisano from venue to venue, with just enough time between sessions to enjoy the fine dining at Johnny’s. If you really lucked out, you got to attend on Young Achievers’ Day, so you could
weave between the next generation of Mensa candidates as they congregated around the door, trying to
qualify for the Canadian smoking team. You see very few captains of industry on the Forbes 500 with
“BBCC” tattooed across their necks.
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Ah, the stuff they don’t teach you in law school. Which brings me to my next topic….
~ Another Classic Family Judgment by Justice Quinn ~
Russell Alexander
We have written before about the unique and often-entertaining Family Law judgments of Justice J.W.
Quinn, who hears cases in St. Catherines, Ontario. Although those judgments are not that frequent, when
they do come down the judicial-ruling “pipes”, they are certainly worth the wait.
The latest, a decision called Szakacs v. Clark, is no exception. It involved a bitter custody dispute fought
with great vitriol by two self-represented parents. Justice Quinn begins his ruling this way:
For best courtroom adaptation of a work of fiction, the award goes to the [mother], who shamelessly feigned what she
thought was necessary to convince the court to circumscribe access by the re-spondent to their almost-six-year-old
daughter.
One could sit in Family Court for many years and not encounter such a callously conniving and mendaciously manipulative litigant. She effortlessly put the “rage” in “outrageous,” …
At several points throughout the trial, Ms. [mother] emphasized that she was a Christian who practiced Christian
values. There must be some key pages missing from her copy of the Bible.
Justice Quinn then recounted the background facts relating to the mother, who had several short relationships and what the judge called a “lacklustre employment history” culminating in her current state of unemployment which persisted despite the child’s full-day attendance in kindergarten. He described that she
met the child’s father online, and became pregnant at their first offline meeting. Among the many unflattering assessments he calls her “argumentative, flippant, acerbic, and sarcastic”, and then wonders aloud:
“If she is like this in court, what must she be like outside the courtroom?”
The father, in contrast, appeared to Justice Quinn to be a soft-spoken, “impressive witness” with a stable
family background who displayed signs of parental maturity.
But despite what may be some early editorializing in his judgment, Justice Quinn did eventually turn to a
more substantive, and legally-based assessment of the overall merits of the case. For example, in ordering
that joint custody would be in the child’s best interests, Justice Quinn reflected on whether – despite early
indications to the contrary – the parents were likely to co-operate with each other. He wrote:
It cannot be said that the parties lack the ability to co-operate, because co-operation has hardly been tried. [The
mother] to use a vernacularism, has called the shots from the beginning and [the father] has complied. [The mother]
should not be rewarded for her arrogant and one-sided treatment of [the father]. Once [he] is given a voice (as I intend to do) an acceptable level of co-operation is more than feasible. Indeed, I think that [the father] will be an effective stabilizing force in what is now a non-benevolent dictatorship.
Of some importance is the fact that a joint custody order will prevent the efforts of [the mother] to limit and marginalize [the father’s] relationship with the child. [The father] has much to offer as a parent. …
Fortunately, [the father] has a bond with his daughter (despite the efforts of [the mother]) and it will grow stronger.
She enjoys being with him and benefits from that relationship. Although [the mother] has shamefully manipulated
the access regime to this point, no permanent harm to the father-daughter relationship has resulted. Had this litigation not occurred for a few more years (which seems to have been the agenda of [the mother]), I expect that there
would be permanent harm and her goal achieved: fatherless parenting.
It is the spirit not the form of law that keeps justice alive.
~ Earl Warren ~
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Continued ~ Russell Alexander
It’s another interesting judgment by Justice Quinn, written in his trademark unconventional
style.
What are your thoughts about these decisions? Do you think this style of judgment-writing has
a place in the
Canadian family law system?
For the full text of the decision, see: Szakacs v. Clarke, 2014 ONSC 7487
The jury consist of twelve persons chosen to decide who has
the better lawyer.
Robert Frost
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It is always the secure who are humble. ~G.K. Chesterton
In Memory of Terry Kelly
WHAT I LEARNED IN MY ARTICLES WITH TERRY KELLY -- HUMILITY
by Barry Evans
It is the first snowfall of the year in the winter of 1975. Rick Bagg and I are articling with
Terry Kelly and ensconced on the third floor. In walks Richard Matthews asking which of
us was going to shovel the front sidewalk.
With a snort, we replied that is not our job. Suddenly we hear the scrape of metal on sidewalk, look outside and see a red-faced Terry Kelly barrelling down the sidewalk with a snow
shovel. I lose the toss with Rick and quickly run out to take over, saying "Let me do that
Mr. Kelly". With a growl he handed me the shovel and stomped back into the office, saying
not a word. I did a great job shovelling that day.
Memories of Terry Kelly by Lawrence (Larry) Berg, Q.C.-September 30, 2015
As of March 2016, I will have been practicing for 48 years. I originally began my articling
with Terry Kelly in 1966 when the firm was Greer and Kelly. I recall travelling with Terry in
his Buick Rivera in November and December when we would drive to Toronto and he
would meet with insurance counsel. We would pack up anywhere from up to 30-50 files. We
would walk from law firm to law firm. We would generally settle all cases at that time. We
would then go out for a nice dinner when he would have a few drinks to celebrate. I was
then asked to drive his brand new Buick back to the office in Oshawa when then I would
get into my car and proceed home.
From 1966-1968, Terry basically mentored me in personal injury litigation. When I was
called to the Bar in 1968, I practiced in Toronto until 1972 when I returned to Durham Region. Since that time and thanks to Terry I have specialized in personal injury litigation and
have no plans to retire any time soon.
I was saddened and disappointed that there was very
little acknowledgement of Terry’s passing as well as the
many wonderful things he did for sports in general as
well as for the Oshawa community.
Terry was always well respected as a lawyer and a citizen.
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New Books

The 2015 Annotated Highway Traffic Act, 2015 - Segal

The 2015 Annotated Ontario Provincial Offences Act, 2015—Libman, Segal

The 2016 Annotated Tremeear’s Criminal Code, 2016—Watt, Fuerst

Annual Review of Civil Litigation, 2015—Archibald, Echlin

Ontario Workplace safety and Insurance

Ontario Supreme Court Practice

Guide to Youth Criminal Justice Act

Ontario Family Law Practice

Estate Planning—Allen

Capacity and undue Influence—Poyser

Prosecuting & Defending Drug Offences—Brauti

Preparing Wills & Powers of Attorney—MacGregor

Family Law Litigation Handbook—Joseph

Practice Guide to Immigration—Bellissimo

Legal Liability—Doctors & Hospitals—Picard
We subscribe to Canadian Lawyer Magazine.
Find the latest copy in the Lounge.
LSUC CPD Binders 2016
Practice Gems: Construction Contracts for Real Estate Lawyers 2015
19th Annual Intellectual Property Law: The Year in Review
Criminal Law and the Young Person
Practice Gems: Title and Off-Title Searching 2015
The Six-Minute Commercial Leasing Lawyer 2015
The Annotated Power of Attorney for Personal Care 2015
The Annotated Alter Ego Trust and Discretionary Trust
Family Law Practice Basics 2015
Commercial Priorities for Real Estate and Business Lawyers 2015
5th Annual In-House Counsel Summit
Wills and Estates Practice Basics 2015
The Six-Minute Administrative Lawyer 2015
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Emerging Issues in Directors' and Officers' Liability 2015
LSUC CPD Binders 2016
Accommodating Age in the Workplace
The Oatley McLeish Guide to Motor Vehicle Litigation 2015
9th Annual Family Law Summit
Business Law Practice Basics 2015
The Six-Minute Criminal Lawyer 2015
12th Annual Real Estate Law Summit
Entertainment & Media Law Symposium 2015
5th Annual Business Law Summit
The Six-Minute Estates Lawyer 2015
Modern Family: Symposium on Child Custody and Access
Administrative Law Practice Basics 2015
The Six-Minute Municipal Lawyer 2015
The Six-Minute Labour Lawyer 2015
Family Law and the Elderly Client
The Six-Minute Employment Lawyer 2015
Criminal Law Practice Basics 2015
Practice before the Consent and Capacity Board
The Six-Minute Business Lawyer 2015
Breaking the Bonds of Boilerplate
Practice Gems: Probate Essentials 2015
Practice Gems: Administration of Estates 2015
Practice Gems: Commercial Leasing Essentials 2015
The Twelve-Minute Civil Litigator 2015
Digital Evidence Primer for Criminal and Regulatory Lawyers
Commercial Mortgage Transactions 2015
The Annotated Partnership Agreement 2015
Practice Gems: Essentials of the Privately Held Company 2015
18th Annual Estates and Trusts Summit (Day One)
18th Annual Estates and Trusts Summit (Day Two)
Civil Litigation Practice Basics 2015
Bankruptcy and Estates Law: Administration of the Insolvent Estate
16th Annual Employment Law Summit
Indigenous Law Issues 2015
The Six-Minute Environmental Lawyer 2015
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~ On the Flip Side of Information ~
Jennie Clarke
Communication is key. Telephones, Fax Machines and Email are
not the only avenue to pass information. If you ever need to get a
document delivered on time download DROPBOX on your pc or
mac computers. Exchanging of
documents, images, and even music is one click away. All programs are free.
Looking for common space, royalty free
photos or images for your business or
personal needs. Check out Pixabay.
It offers over 50,000 images free of copyright restrictions and a
member of Creative Commons.
Often times I find members are in a hurry to get their documents.
The photocopier and fax are in use and they only have 15
minutes. One of the best approaches is Genius Scan. Using this
app in our office can allow staff to scan within seconds and email
to your tablet or smartphone.
Looking for the best place to create a presentation for your next
meeting? Easelly is one the most popular and innovative websites available. With over 2 million templates to choose from it is a simple tool
to make your presentation classy, creative and visually appealing.
The Great Library has released a new App. The collection of CPD articles,
online journals and book catalogue is all just a click away. Visit http://
www.lawsocietygazette.ca/tag/mobile-app/ for more details.
Remember to search for us on Twitter @DRLawLibrary and Linkedin—where
information is always at your fingertips.
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~ Laughing all the way ~
Submitted by George Wright (not written)
Never Show up Late!
A priest was being honoured at his retirement dinner after 25 years in the
Parish. A leading Senator and member of the congregation were chosen to
make the presentation and give a little speech at the dinner. He was delayed, so
the priest decided to say his own few words while they waited.
“I got the impression of the parish from the first confession I heard here.
I thought I had been assigned to a terrible place. The very first person who entered my confessional told me he had stolen a television set and when questioned by the police, was able to lie his way out of it. He had stolen money
from his parents, embezzled from his employer, had an affair with the boss’s
wife; taken illegal drugs, and gave VD to his sister. I was appalled. But as the
days went on I knew that my people were not all like that and I had, indeed,
come to a fine parish full of good and loving people.”
…………………………………………………..
Just as the priest finished his talk, the republican senator arrived full of
apologies at being late. He immediately began to make the presentation and
give his talk. “I’ll never forget the first day our parish priest arrived” said the
politician. “In fact, I had the honour of being the first person to go to him for
confession”
MORAL: NEVER NEVER NEVER BE LATE!!!!!!!!!!!
Lawyers are merchants of misery.
NANCY LEVIT & DOUGLAS O. LINDER, The Happy Lawyer
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Comeback line of the year
Policeman’s Credibility – If you ever testify in court, you might wish you could have been as
sharp as this policeman. He was being cross-examined by a defense attorney during a felony
trial. The lawyer was trying to undermine the policeman’s credibility.
Q: Officer – did you see my client fleeing the scene?
A: No Sir, But I subsequently observed a person matching the description of the offender,
running several blocks away.
Q: Office – who provided this description?
A: The officer who responded to the scene.
Q: A fellow officer provided the description of this so-called offender. Do you trust your fellow officers?”
A: Yes, sir. With my life
Q: With your life? Let me ask you this then, officer, Do you have a room where you change in
clothes in preparation for your daily duties?
A: Yes sir, we do
Q: And do you have a locker in the room?
A: Yes sir, I do
Q: And do you have a lock on your locker?
A: Yes sir
Q: Now why is it, officer, if you trust your fellow officers with your life, you find it necessary to lock your
locker in a room you share with these same officers?
A: You see, sir, we share the building with the court
complex, and sometimes lawyers have been known to
walk through that room.
The courtroom erupted with laughter, and a prompt
recess was called.
The officer on the stand has been nominated to this
years “Best Comeback” line
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BOARD OF DIRECTORS
Deborah Hastings - President
John Olver - Vice President
Kelly Aitchison- Vice President
Trevor Winter- Secretary
Marci Zuly- Treasurer
Denise Branton
Michelle Brown
Joanne Ferguson
Mark Jacula
Sandra Grant
Paula McMurtry
Cameron Murkar
Bradley Phillips
Doug Turner
Five new
computers have
been purchased
and installed in
the library. We
now have
a total of eight
running either
Windows 7 or 8. All of the computers print to
our photocopier. We have also installed WORD
on all computers. We also have DivorceMate
now available on 3 of the computers.
In the new year our goal is to have a laptop to
offer flexibility to lawyers who may wish to
view CDs or Videos away from the desktop
machines.
Law Librarian
Jennie Clarke
Durham Court House
150 Bond Street East
Oshawa, ON
L1K 0A2
TEL: 905-579-9954
FAX: 905-579-1801
[email protected]
www.durhamregionlawassocation.com
Robing Day and Rooms
DRLA hosted Rob from Imperial
Robes on November 10th, 2015. It
was a very busy day as members
were given the opportunity to purchase new gown attire including
robes, shirts, dickies, vests, brief
cases and more at a discount rate
of 25%.
We thank all those members that
made it a success and hope to run
this event again in the new year.
Members are welcome to borrow
items from the library for a day
should they attend at court and realized 1. Ooops I am here for a motion of a settlement conference or
2. How did my tabs get so stained.