Law Times

Page 20 November 11, 2013 Law Times • u The u Bizarre Briefs InsIde story By Viola James ROBBER'S BULLET FOILED BY CELLPHONE ORLANDO, Fla. — Who needs a bulletproof vest when you have your cellphone to protect you from robbers? According to Reuters, a convenience store clerk in Florida knows just how sturdy a cellphone can be. He can thank his cellphone for stopping a bullet fired at his chest during an attempted robbery, police said. "He was very lucky," said Lt. Scott Allen of the Winter Garden police department. The middle-aged clerk, who police are not identifying for his safety, was shot at by a robber who ordered him and a female clerk to open the safe at a gas station and convenience store near Orlando. "He was not able to open the safe," said Allen. "The suspect went to leave, he pointed the revolver at one of the clerks, and fired a single shot as he was leaving the store." The clerk's cellphone was in the breast pocket of his baggy shirt. "When it first happened, he checked himself to see if he was shot. He didn't see anything," said Allen. "Sometime later after the police were on the scene, he mentioned he had a little bit of chest pain. So they started looking into it and realized his cellphone had been shot." The man didn't suffer any injuries, said Allen. The bullet remained lodged in the phone. Police suspect it came from a .22- or .25-calibre handgun, he said. CITY STYMIED IN SPICY LEGAL MATTER LOS ANGELES — Talk about spicy allegations. According to Reuters, a Los Angeles suburb that sued to curb the strong, spicy odour emitted from a chili-processing plant has lost its initial bid for a court injunction against the makers of the popular Sriracha-brand hot pepper sauce. Los Angeles Superior Court Judge Robert O'Brien denied a motion from the small city of Irwindale for a temporary restraining order against Huy Fong Foods Inc., calling the request "rather edgy." "You're asking for a very radical order on a 24-hour notice," O'Brien said during the brief proceedings. The judge instead set a court hearing for Nov. 12 to consider further arguments on whether there were grounds to issue a preliminary injunction against the chili factory while the court reviews the merits of a lawsuit brought against the company. Irwindale, east of Los Angeles, filed suit saying the company has refused to take sufficient action to abate noxious fumes emanating from the plant that are strong enough to cause eye and throat irritation in nearby residents. According to Reuters, the suit says some residents have complained of headaches or even had to temporarily flee their own homes in order to get relief from the smell of locally grown chili peppers crushed at the plant. John Tate, an attorney for the company, said in court the company has installed a filtration system to take care of excessive odour. He acknowledged it doesn't resolve the problem completely but had "certainly improved the situation." "The company purchased additional filters and installation was complete Tuesday," he said, adding the company needed more time to see how well the new system works before the end of chili-harvesting season in November. "If you shut us down now, we won't know if the system works and we'll be in the dark for nine months," he said. According to the Los Angeles Times, Huy Fong Foods produces up to 200,000 bottles of hot sauce a day and sold more than $60 million of it last year. The Los Angeles Times quoted company founder David Tran as defending the pungent nature of the chilies used in his sauce. "If it doesn't smell, we can't sell," he said. LT MODEST RAISES PREDICTED Most legal positions in Canada will see a slight rise in average starting salaries, according to Robert Half Legal's 2014 salary guide. Starting salaries will increase by 2.2 per cent next year, the guide says. "With a continued uptick in business activity and corresponding need for legal services, the market is tightening for lawyers and legal support professionals with expertise in litigation, corporate law, and other high-demand practice areas," said Robert Half Legal's Billie Watkins. "To attract and retain top talent, more employers in the legal field are adjusting compensation ranges and offering attractive bonus plans." For lawyers, Robert Half Legal predicts average starting salaries will increase by 3.3 per cent. Lawyers with more than 10 years of experience at small and midsize firms will see the biggest gain, according to the guide. It predicts their pay raise will come in at 4.3 per cent. JUSTICE JOAN LAX DIES Superior Court justice Joan Lax died last week. Lax died suddenly on Nov. 4 at the Toronto General Hospital, according to an obituary published last week. Lax had become a supernumerary judge in January 2011. Prior to joining the bench, Lax was a former assistant dean and director of admissions at the University of Toronto Faculty of Law. She was also a former bencher at the Law Society of Upper Canada. After her call to the bar in 1978, she worked at Toronto law firm Weir & Foulds. "Justice Lax was a great friend of the law school," U of T's law school said in a press release following her death. MIDDLE STEP TOUTED FOR NON-CO-OPERATION When it comes to dealing with lawyers who don't co-operate with Law Society of Upper Canada investigations, the regulator should consider another step before launching a formal prosecution, according to a Toronto defence lawyer. Bill Trudell, who often represents lawyers before law society hearing panels, says duty counsel should first intervene and reach out to the lawyer who's the subject of an investigation. "There needs to be a middle step. I think there should be an intervening step," he says. Trudell suggests creating a group of lawyers who offer to "Hey! It's not on the list." contact the person who's not responding to see whether they can help. "I think it would save a lot of prosecutions, probably save money, and certainly save people from getting into a situation like this," he says. Many lawyers, Trudell adds, don't fully appreciate the damage they're doing — including the possibility of getting a permanent discipline record — by not co-operating with law society investigations. They may not respond because they're afraid, he says. "You have to understand that as a self-regulator, one of the things we give up is the right to remain silent. We must respond, and I don't think lawyers understand that," he adds. Trudell recently represented lawyer Matthew Igbinosun, who received a one-month suspension for not co-operating with a law society investigation. Trudell argued that Igbinosun should get a reprimand, but the hearing panel felt differently. "A significant part of my finding — and Mr. Trudell has said how Mr. Igbinosun engaged — is, yes, he engaged, but the finding is he did not co-operate," said hearing panel chairwoman Susan Elliott. The panel sought to send a strong message to the bar that not co-operating with a law society investigation is unacceptable, Trudell says, adding it's a message that has yet to sink in with some lawyers. LT CANADIAN LAW LIST 2013 YOUR INSTANT CONNECTION TO CANADA'S LEGAL NETWORK Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation Inside you will find: MORE THAN A PHONE BOOK Untitled-1 1 www.lawtimesnews.com 13-07-05 10:03 AM

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