Law Times

Page 16 April 8, 2013 Law Times • u The u Bizarre Briefs InsIde story By Viola James GROUNDHOG CHARGED FOR BAD FORECAST BUTLER COUNTY, Ohio — Wiarton Willie will be watching this litigation matter closely. With a snowstorm heading for the plains, Midwest, and east coast late last month, a springdeprived Ohio prosecutor took out his frustration with the long winter on a famous prognosticating groundhog. "I decided it was about time we indicted Punxsutawney Phil for fraud," said Mike Gmoser, prosecutor in Ohio's Butler County, in an interview. When he emerged from his burrow in Gobbler's Knob, Penn., Phil didn't see his shadow, leading to a forecast of an early spring. Gmoser's mock indictment contends that the forecast was fraudulent. According to Reuters, the rodent is facing a single mock felony count of misrepresentation of early spring, which Gmoser said should be punishable by death. Tom Kines, senior meteorologist for AccuWeather, said he understands why Gmoser and his fellow Ohioans might be ready to take out their frustrations on the groundhog. "The mid-Atlantic and upper Midwest have been experiencing record-coldest high temperatures, which means that the high temperatures have never been so cold," said Kines. The news doesn't get any better for the upper Midwest, Great Lakes or the mid-Atlantic area. "We don't expect to see springtime weather any time soon and expect cold through the end of the month," Kines said. "The cold will ease up a bit the second half of April. But it will be a gradual thing." Gmoser said he might be ready to drop the case if he sees temperatures increase significantly by mid-April. Gmoser said his office would give Buckeye Chuck, the Ohio groundhog who also forecast an early spring, immunity if he testifies against Phil. "I know his defenders are going to say he is just a dumb groundhog but, as we know, ignorance, is not a defence of the law," said Gmoser. FILM AWARD DROPPED AFTER TAX SCAM REVEALED LONDON, England —  You know the standards aren't that high when even a fake film project aimed at illegitimately earning tax credits wins an award. According to Reuters, a U.S. film festival has withdrawn an award given to a British movie about a Gulf War veteran seeking justice after a London court jailed five people for making the movie as part of a tax scam. Tax inspectors were told that A-listers from Hollywood would be starring in a 19.6-million pound production shot in Britain. But the gang never intended to make the film, Southwark Crown Court in London heard. "The real intent was to defraud the public purse of nearly 1.5 million pounds in VAT along with nearly 1.3 million in film tax credit claims," the British revenue department said. When tax inspectors started becoming suspicious, the gang tried to cover their tracks by actually making a low-budget film about a Gulf War veteran seeking justice for a murdered comrade. According to Reuters, the film went on to win a Silver Ace award at last year's Las Vegas film festival. A spokeswoman from the festival said the award was "simply a participation award." "The acknowledgment has since been rescinded," she told Reuters. The revenue department said in a statement that gang leader Bashar Al-Issa, 35, along with former Irish actress Aoife Madden, Tariq Hassan, Ian Sherwood, and Osama Al Baghdady, owned Evolved Pictures. They told their auditors they had a budget of more than 19 million pounds, provided by a Jordanian company, to produce a blockbuster film in Britain. "After they were arrested, the gang came up with an elaborate plan to cover their tracks and hide the fraud by shooting a film on a shoestring, called A Landscape of Lies, featuring two television personalities," the revenue department said in a statement. LT "Awww! Look at that! The new challengers to the constitutionality of the omnibus crime bill are coming up!" DENTONS CANADA CHIEF PREDICTS GROWTH Despite the departure recently of 13 lawyers from its mining group in Toronto, Dentons' head in Canada says he doesn't expect to see more people looking to leave. "We don't anticipate further departures but we developed as part of our strategic review and analysis of the opportunity the possibility of these kinds of changes," says Chris Pinnington, chief executive officer of Dentons in Canada. Chris Pinnington "Notwithstanding the departure of our colleagues in Toronto, we continue to have a very robust mining practice across our offices in Canada and marrying it with the depth of expertise in other regions, we do continue to offer our clients a compelling proposition and afford potential recruits an interesting opportunity in building the new Dentons." Formed by the combination of international law firm Salans LLP, Canada's Fraser Milner Casgrain LLP, and SNR Denton, Dentons officially launched on April 2. The firm now consists of 2,500 lawyers and professionals at 79 locations in 52 countries. DISBARRED LAWYER CHARGED WITH FRAUD The Durham Regional Police Service has charged a disbarred lawyer with fraud over allegations he continued to practise law and represent clients. Police say they arrested Howard William Cohen after a "thorough investigation" that began in November 2012. According to Durham police, Cohen presented himself as counsel in criminal courts in Durham region and around the Greater Toronto Area. The Law Society of Upper Canada had disbarred Cohen in 1996, police noted. "The investigation revealed the accused represented himself as counsel, in good standing, during two separate criminal court proceedings in November 2011 and November 2012." The 65-year-old Toronto man is facing charges of attempt to obstruct justice and fraud over $5,000. "Investigators wish to ensure there are no other victims who may have previously retained the accused as counsel or may be involved in current judicial proceedings with the accused," police said in a press release last week. LEGAL AID TARIFF BOOSTED Legal Aid Ontario has increased the hourly rate it pays lawyers who represent clients. The pay hike, which also applies to block fees, follows a January 2010 memorandum of understanding signed by LAO, the Criminal Lawyers' Association, and the Ministry of the Attorney General. The fee hike will see lawyers handling complex criminal cases everywhere except northern Ontario receive $141.75 an hour. The amount represents an increase of $6.75 per hour. Northern Ontario lawyers working on complex criminal cases will receive $155.93 an hour, up from $148.50. The new tariffs are effective as of April 1. VICTIM REMEMBERED AS DECENT LAWYER Kevin Dunsmuir, one of the victims of a deadly East Gwillimbury, Ont., fire, was a brave and professional lawyer, according to a Toronto litigator who knew him. Dunsmuir, his wife, and two sons died in the blaze waiting for help that never came on the morning of March 29. Dunsmuir practiced law in Newmarket, Ont., at Dunsmuir Advocates. His practice included significant work in family mediation. "He was a decent, straightforward and competent professional," Toronto lawyer James Morton wrote in a blog entry about Dunsmuir. "Someone you could talk to by phone and who always focused on substance, not the nonsense litigation tends to attract." Dunsmuir was "brave as well as professional," added Morton, who called his death a tragic loss. LT A DAILY BLOG OF CANADIAN LEGAL NEWS [ WWW.CANADIANLAWYERMAG.COM/LEGALFEEDS ] LegalFeeds-BB-LT-Apr23-12.indd 1 www.lawtimesnews.com POWERED BY CANADIAN LAWYER & LAW TIMES 12-11-23 9:59 AM

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