Spring 2009 - HCLA - Hellenic Canadian Lawyers` Association

Hellenic Canadian Lawyers’ Association
Spring 2009
Legalese
In this issue:
• After much deliberation, the
HCLA Board has agreed to
institute a new calendar for the
Association.
• In memoriam: prominent lawyer
and businessman Gabe Tsampalieros passes away at 61. His
friend and colleague, James
Anas, graciously provides
the HCLA with a look back at
Gabe’s successful life and career. Our sincerest condolences
go out to Gabe’s family and
friends.
• Highlights from the 12th Annual Professionals’ Gala, which
was once again a resounding
success.
• Reflections on the 4th Annual
Wine & Cheese.
• A look ahead to our Spring Social. We hope you can make it!
Headlines from Greece:
• Amid a crippled economy and
a barrage of recent scandals
and controversy, Prime Minister
Karamanlis hangs on.
• Greece accepts an offer to purchase its beleagured national
carrier.
The HCLA’s New Calendar
By: John Polyzogopoulos
T
he HCLA Board of Directors is pleased and excited to announce that it has decided to reconfigure the HCLA calendar. Traditionally, the focal point for the HCLA year has been its Annual
General Meeting that took place in mid to late October of each year.
The fall is perhaps the busiest time in the legal calendar, when legal
profession-related activities are in full swing and receive the best participation. The result was that rather than have a full slate of events
scheduled for the fall, as many other legal organizations do, the HCLA
would be gearing up for its AGM in October but would do little else in
the fall months, in anticipation of the new board being elected.
Accordingly, it was decided that a better time to hold the AGM
would be in late May, as is done by the Advocates’ Society with its end
of term dinner in early June. This will allow the new board to make a
smooth transition over the summer, at a time when there are relatively
less legal profession related activities, to plan its calendar of events,
which would begin in full swing in September and continue uninterrupted through the busy fall, winter and spring.
An additional advantage to this change in the timing of the
AGM is that it better coincides with the HCLA’s financial year end of
March 31. An AGM in May will allow the Treasurer to report on the
recent financial year end numbers rather than on figures that are six
months old.
The HCLA will therefore be holding its first May AGM this year
on Thursday, May 28, 2009, at the dining hall in the Great Hall at Osgoode Hall, 130 Queen Street West, Toronto.
Our membership year will now coincide with the new AGM date.
Anyone who has already renewed their membership for the 2008-9
year will automatically be paid up to the AGM in May 2010. For those
of you who have not yet done so, please renew your memberships,
which, again, will take you through to May 2010.
As our AGM will now take place on May 28, 2009, the HCLA will
be holding elections for several board positions that will expire on such
date. We hope to have a great turnout at the AGM in May and look
forward to the election of a new board to begin its new mandate in this
new era!
Legalese
Gabriel Tsampalieros,
1947-2009
G
Page 2
By: James Anas
abriel (“Gabe”) Tsampalieros was born on April 24, 1947 on
the Island of Rodos, Greece, the son of Theodosios and Anna
Tsampalieros. Gabe’s siblings included Michael, John, Maria and Lilly.
The family immigrated to Canada, landing in Montreal in 1956 and started
a restaurant business called “Harry’s Place” on St. Catherine’s Street. He
died in Markham, Ontario on March 11, 2009 leaving his wife Yolande and
daughters Dr. Anne and Julia.
Following his graduation from Concordia University, Gabe applied
for and was admitted to the Common-Law section of the Law School at Ottawa University (1970) and graduated in 1973 with an LLB cum laude. Gabe had a great incentive to study
hard to graduate from law school because Gabe’s father had insisted that he couldn’t get married until after he successfully completed law school. Seven days after his graduation – he married Yolande Metelski.
The Priest who officiated at the ceremony eventually became Metropolitan Archbishop Sotirios who some
35 years later attended to perform Gabe’s funeral services.
Following his graduation from law school, Gabe was
Toronto Star: March 12, 2009
invited to take up an articling position with Osler, Hoskin & HarCEO Gabe Tsampalieros dies at age 61 following illness
court where he first met Purdy Crawford who became his mentor and friend for years to come. Gabe was part of a relatively
Gabriel Tsampalieros, chief executive of
small group of articling students and his peer group included
Second Cup Royalty Income Fund, died yesterday at
age 61 after battling a blood disorder.
lawyers like Nancy Chaplick, Blake Murray, Jay Fordyce, Doug
Tsampalieros bought Second Cup Ltd. and
Shaw and Ken Dryden, famed goaltender of the Montreal
Second Cup International in 2006 through his comCanadiens and subsequently President of the Toronto Mapany, The Second Cup Coffee Co. Inc.
He was also a board member and CEO of
ple Leafs, as well as Maureen Kempston-Darkes, the former
Second Cup GP Inc., a subsidiary of the fund.
President of GM Canada and currently Group Vice-President of
“Under Gabe’s leadership, Second Cup
General Motors Corp.
remained Canada’s largest franchised specialty coffee company in Canada with 360 cafes and doubling
Gabe was called to the Bar in 1975 and, of course, was
its presence internationally with a further 52 cafes
offered
a position with Osler where he quickly built a very sucin the Middle East and Turkey as well as opening its
cessful practice as a real estate and commercial lawyer and,
first cafe in the United States,” the fund stated in a
release.
according to senior partner Ted McDermott, became one of the
“Mr. Tsampalieros, along with his board of
best-liked partners of the firm. directors and family trust, built a strong management
His incredible drive, energy and personality ultimately
team and strategic plan for The Second Cup Ltd. The
company will continue to grow along with its franchise
got him interested in returning to his roots – the food services
partners under current management with plans soland hospitality industry. As a result, he originated and became
idly in place.”
the driving force behind Dinnerex Inc. (subsequently Dinecorp)
From 1995 to 2006, Tsampalieros was
president and CEO of restaurant firm Cara Operations
which was primarily formed for the purpose of operating franLtd. Previously, he was CEO of Dinecorp Hospitality
chises for Swiss Chalet and Harvey’s. Gabe applied his real
Inc., which he co-founded in 1981.
estate and business knowledge and developed numerous taxefficient private and public Limited Partnerships. The concept
prospered and Gabe ultimately left the active practice of law to become the largest franchisee of Swiss
Chalet and Harvey’s outlets.
As a result of Gabe’s exposure to Cara Operations Limited, the franchisor of Swiss Chalet and Harvey’s, the owners of Cara quickly became aware of his tremendous business acumen, leadership skills and
unbelievable personality with the result that in 1995 he was requested to and became the President and
COO (and subsequently CEO) of Cara Operations Limited – a position which Gabe held for over 10 years.
Legalese
Page 3
His dynamic career with Cara was a tremendous success as, under his leadership, the business was dramatically
expanded. Cara was ultimately the beneficiary of Gabe’s
“.He took the initiative in making gifts to
fondness for the “deal” as a result of which, under his leaderbenefit the law students, from the most generous
ship, the Company expanded its core business of Air Flight
scholarship endowment we have, to the Tsampalieros
Atrium that transformed our building and our program. Kitchens, Swiss Chalet and Harvey’s restaurants and also
He also stepped up to help past President Gilles Patry
acquired a number of their now well-known brands including:
promote uOttawa in Toronto. Gabe’s gifts went well
Milestones, Outback Steak House, Kelsey’s, Montana’s and
beyond philanthropy. He was the strongest possible
supporter of the law school that he felt had given him
Second Cup. In 2004 he led the privatization of Cara Operaa great start in life, and he was fiercely proud of our
tions Limited from its public company status.
bilingual university. He was also one of the nicest
Gabe’s abilities in the industry and for his service on bemen I have ever met. I have lost a friend as well as a
benefactor.”
half of worthy causes was also well recognized as he received
numerous awards and honours including: University of Ottawa
– Honourary Doctorate of Laws (2007); University of Guelph – Honourary Doctorate of Laws (2007); “Chain
Operator of the Year” (1997) by the Food Service and Hospitality Magazine; “Operator of the Year” (2001)
and Lifetime Achievement Award (2006) by the Ontario Hostelry Association; and Archon of the Ecumenical
Patriarchate of the Greek Orthodox Church.
The University of Ottawa Law School’s Dean Feldthusen reported that Gabe’s contributions and recognitions received included: Member of President’s Circle; National Cabinet Member; Charter member of
Common Law Honour Society (inducted 2003); Co-Chair of $200 million Capital Campaign; Personal gifts
of $600,000 to the Faculty of Law for a number of projects including the Tsampalieros Atrium and Kavanah
Lounge; and the Tsampalieros Family Scholarship – the largest in the Law School.
Unhappily, however, Gabe discovered that he had a rare form of blood disease, Amaloydosis, which
he was initially able to combat through various medical measures, some being experimental. The situation,
however, deteriorated significantly in 2006 as a result of which, in early 2006, Gabe determined to leave
his position at Cara as he underwent a kidney transplant with the donor being his wife, Yolande.
As it turns out, the operation was a terrific success for Gabe – Yolande took some time to recover
but Gabe was up and about almost immediately he then proceeded to close the transaction with Cara to
sell the Swiss Chalet restaurants in his company, Dinecorp Hospitality Inc. and, coincidentally to acquire
ownership of The Second Cup Ltd.– which he had negotiated only days before the operation – the ultimate
entrepreneur!
Once again, Gabe’s drive and energy took hold and he was off and running with Second Cup in
November 2006. He recruited a superb team around him to drive this business forward into the future –
knowing all along that there was always the chance that the disease could return.
That, however, did not dissuade Gabe and the Company, which under his leadership and with the
able assistance of his Board of Directors and senior management team, shown incredible progress particularly in the international field which now has 53 outlets in 11 different countries. Gabe picked his leaders
and team members at Second Cup with great care as he wanted to be sure that the business would have a
firm foundation for the future.
Unfortunately, however, the disease returned last summer and Gabe was required to cut back on
his active oversight of the business. Ultimately, however, this disease claimed the body of our friend – but
not his soul! He passed away on the morning of March 11, 2009.
Gabe used his varied skills in all that he did in his life: a loving and caring husband, father, son,
friend; highly intelligent - without arrogance; hard worker with a great grasp for detail; quick wit and great
sense of humour – but with the occasional bark; a most generous person; gave back much more than was
given to him; enjoyed and had the courage to live life to the fullest; a visionary in business – the consummate entrepreneur; a “deal junkie”; philanthropist; never forgot his friends and had no enemies; a person
who always made you feel that you and yours were important to him; was devoted to his faith and to his
church; succeeded (sometimes against great odds) in mastering every significant task he undertook; and
battled through adversity without ever giving up – right to the end.
Bruce Feldthusen, dean of the Faculty of
Law, University of Ottawa:
Legalese
Page 4
12th Annual
Professionals’ Gala
By: Stella Kyriacou
The HCLA, in conjunction with the Asclepius
Dental Society and the Hippocrates Hellenic Canadian
Medical Association hosted the 12th Annual Professionals’ Gala at the Liberty Grand on January 31, 2009.
The HCLA Executive thanks all those who joined us
and contributed to the continuing success of the Gala,
which was attended by over 400 guests this year. We are
pleased to announce that this year’s event has received
very positive feedback, with promise for enduring success
for next year and the years to come.
The classical elegance of the Governor’s Room, basked
in the ambiance of crystal chandeliers and superior
décor, helped to set the mood for a positively charged
evening filled with free-flowing wine, good food, and
great company.
The evening commenced with a reception on
the upper level of the Governor’s Room, where guests
were able to reacquaint with old friends and meet new
ones over cocktails and hors d’oeuvres. While milling
about, guests were provided the opportunity to take
part in our annual Silent Auction, comprised of an
eclectic selection of items of wide-ranging appeal.
A 3-course dinner was later served on the main
level of the Governor’s Room. As the night progressed,
further drinking, dancing and socializing was set to the
tunes of H Parea Mas, a live-band whose performance
was true to their reputation as providing the highestquality in live Greek entertainment. DJ Sean Mani was
also on hand, providing a wonderful mix of modern Greek
and English sounds, capping the night’s entertainment
which charged our guests.
We thank all of our sponsors and attendees for
their ongoing support in making this event the wonderful success it has been this year. It is this continuous
support which drives the success of this event and
provides these three collaborating organizations with
the ability to raise funds for Hellenic charities and student scholarships. A very special thanks goes out to
our advertising sponsors, whose unremitting support
makes our fundraising endeavours all the more effortless and
Legalese
Page 5
successful.
We look forward to seeing you all at the 13th Annual Professionals’ Gala in 2010, and to the continued
opportunity to serve the Greek community with your
support! Geia!
l
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i
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o
S
The HCLA cordially invites you to our spring social. Come and join us for
an evening of cocktails and connecting with the board and our members. We hope to see you there!
Where: Local
511 Danforth Avenue
When: April 29, 2009
Time: 6:30 p.m.
Legalese
Page 6
The Fourth Annual
Wine & Cheese
By: Nicholas Kotsopoulos
he fourth annual Wine & Cheese event
was held on Thursday, February 26th,
2009 at the offices of Weir, Foulds LLP. For four
years running, the HCLA’s Wine & Cheese, with its
cordial and informal atmosphere, has been an ideal
outing for existing members to catch up, or for new
members to become acquainted with the HCLA.
The Wine & Cheese is an annual joint event
between the HCLA and the Osgoode Hellenic Law
Students’ Association, but is by no means restricted
to students of Osgoode Hall.
This year, there was a strong attendance by
T
the HCLA’s practicing members and student members from various law schools in Ontario. To the
delight of the HCLA, there were were several new
faces in attendance.
The Wine & Cheese offered a variety of fine
wines and mezes, and the opportunity for members
to mingle and exchange professional experiences, or
simply to unwind and interract with colleagues.
I recall my first Wine & Cheese held on
campus at Osgoode Hall Law School five years ago.
It provided an excellent opportunity for me as a law
student to interract with articling students, and both
junior and senior lawyers. I was able to openly inquire as to the varying experiences of practicing law,
and to dispel some of the myths and hype about
the profession, which are all too prevalent among
law students. It also provided a great opportunity to
establish a network of colleagues with whom I could
share experiences and advice.
At this year’s event, when conversing with
inquiring student members, I found myself echoing
the sentiments of some of the lawyers I had spoken
to at my first Wine & Cheese event five years ago.
As it turns out, the Wine and Cheese, and each of
the HCLA’s social events have provided me with
and opportunity to gain valuable insight and advice
throughout my studies,
and now
throughout my
practice.
Legalese
Page 7
Karamanlis calls for unity as resignation rumors emerge
G
reeks should call on the spirit of their forefathers who rose up against Ottoman rule in 1821 in
order to meet the challenges of the economic crisis, Prime Minister Costas Karamanlis said in
his Independence Day speech on March 25.
The premier again urged the country to “rally together” to fight its problems.
“We are facing an unprecedented storm which requires us to take tough, not pleasant, but necessary decisions,” said Karamanlis after hearing the European Commission’s damning verdict on the Greek
economy. “There is an uphill road ahead of us, full of difficulties and unpredictable situations.”
Like his recent bid to find consensus among the political parties on how to deal with the crisis,
Karamanlis’s latest effort to achieve unity appeared to have little
impact.
PASOK leader George Papandreou responded to his call by telling Greeks that they “deserve better.”
Karamanlis created some difficulties of his own after reportedly
telling the publisher of Real News Nikos Hatzinikolaou that he
was “tired” and would quit New Democracy if the party loses the
next general election.
The government did not deny that the conversation had taken
place, but said that 52-year-old Karamanlis was not thinking about
Facing the music: Karamanlis and Papandreou are
seen in a rare moment together before the military calling it a day.
parade on March 25. [Eurokinissi]
“The prime minister is too young to be considering retirement,”
said government spokesman Evangelos Antonaros.
Karamanlis received the public backing of a number of high-profile, as well as rank-and-file, party
officials but their statements failed to stop speculation about who would succeed the prime minister if or
when he steps down.
Ratcheting up the pressure on Karamanlis ahead of the European Parliament elections in June,
Papandreou said that “whoever is tired should go home.”
Athens Plus “Karamanlis calls for unity as resignation rumors emerge” Athens Plus (27 Mar. 2009) (online: http://wwk.kathimerini.gr/kath/
entheta/extra/AthensPlus/27-03-2009.pdf) [accessed: 1 Apr. 2009].
Courtroom Clowns
ATTORNEY: What gear were you in at the moment of
the impact?
WITNESS: Gucci sweats and Reeboks.
ATTORNEY: So the date of conception (of the baby)
was August 8th?
WITNESS: Yes.
ATTORNEY: And what were you doing at that time?
WITNESS: Getting laid
ATTORNEY: Do you recall the time that you examined
the body?
WITNESS: The autopsy started around 8:30 p.m.
ATTORNEY: And Mr. Denton was dead at the time?
WITNESS: If not, he was by the time I finished.
ATTORNEY: What was the first thing your husband said
to you that morning?
WITNESS: He said, ‘Where am I, Cathy?’
ATTORNEY: And why did that upset you?
WITNESS: My name is Susan!
Exerpted from: Sevilla, Charles M. Disorder in the Court: Great Fractured Moments in Courtroom History (New York: W. W. Norton & Company Inc., 1992)
Legalese
Page 8
Olympic Takes Off
with Marfin
Invest
By Nicholas Kotsopoulos
O
n March 7, 2009, it was announced
that Marfin Investment Group SA, an investment firm backed by Dubai Financial LLC, was chosen by
the Greek government to buy the beleagured national carrier
Olympic Airlines SA.
Talks between Marfin and the Greek government’s advisMarfin Investment Group Holdings S.A.
ers on a sale of the flight business and maintenance base “ended
Marfin Investment Group is the largest
successfully,” in early March, Development Minister Kostis Hatzi- Greek business group in the wider South East
dakis said in a press release.
European region. It numbers in excess of 50,000
Preliminary releases indicated the state would receive 177 employees and associates and has a presence
spanning over 40 countries.
million euros ($224.4 million) from the sale, according to Hatzi
MIG is headquartered in Greece and
dakis. The sale, which is subject to European Union approval, will listed on the Athens Exchange. 58% of its share
capital is held directly or indirectly by Greek
avert the closure of the airline that links the mainland and hunstrategic, institutional and retail investors and
dreds of Greek islands, playing an integral role in the country’s
24% is held by international institutional investors.
tourism and transport infrastructure.
Dubai Group owns an 18% stake in the company,
is represented on its Board of Directors via 3 non
Olympic has been plagued by regulatory and union disexecutive members, and has no involvement in
putes in recent years, and successive Greek governments have
the management of the company.
often pursued the sale of the carrier, but to no avail. Most recently, in September of 2008, Greece received EU approval in September to sell Olympic and its ground-handling and maintenance-service units separately. The sale was called
off after offers were deemed too low.
Marfin Invest later emerged as a candidate for Olympic after Athens appealed once again to save
the airline. Aegean Airlines SA, Olympic’s largest Greek rival, made a counter-bid of 170 million euros for
the company on March 4, 2009.
In a press release issued on March 23, 2009, Marfin Invest announced that the definitive share
purchase agreement, shareholders agreement, as well as all other necessary documentation were signed
between the investment group and the Hellenic Republic for the acquisitions of the flying operations, the
technical operations, and ground handling services. The agreements are subject to ratification by the
Greek Parliament, which is expected to take place in the next few weeks.
Founded in 1957 by shipping magnate Aristotle Onassis, Olympic Airlines was acquired by the state
in the 1970s. It has cost taxpayers more than 2 billion euros in the past decade.
Legalese
Page 9
Membership Renewal
If you have not renewed your membership for 2008 or 2009, please take a few minutes to complete your
membership renewal forms or contact the HCLA board for further information. A renewal fee of $60 applies
for regular members and $25 for student members. Please mail mebership renewal forms and cheques to:
c/o Heenan Blaikie LLP
P.O. Box 185, Suite 2600
200 Bay Street
South Tower, Royal Bank Plaza
Toronto, Ontario M5J 2J4
Attn: George J. Karayannides
HCLA Mission Statement
The HCLA is a national non-profit organization founded in 1990. Its primary purpose is to maintain a reliablenetwork of lawyers, judges and law students of Hellenic origin. In addition to creating professional
opportunities,this network serves as a platform for members to educate one another on issues that are of
common interest,as well as to educate the Hellenic Canadian community at large on relevant legal issues.
When necessary, the HCLA is ready, willing, and able to advocate on behalf of its membership and the
greater Hellenic Canadian
community.
•••
The Legalese is published several times a year by the HCLA Board. We welcome your contributions and
feedback. Should you have any questions, comments, or concerns, please contact Nicholas Kotsopoulos,
Communications Director, at [email protected].
HELLENIC CANADIAN LAWYERS’ ASSOCIATION
c/o Heenan Blaikie LLP
Attention: George J. Karayannides
200 Bay Street
Suite 2600
Toronto, ON M5J 2J4
[email protected]
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