Law Times

www.lawtimesnews.com Page 16 January 21, 2008 / Law Times At Stewart Title, it's how we work that sets us apart. We deal in title insurance and related products, undertaking no part of the transaction that has traditionally fallen to legal professionals. Since our inception into the Canadian market, you will find that we have consistently combined comprehensive coverage with unparalleled support for legal professionals. We are dedicated to streamlining your practice and increasing your revenue through our programs and innovative technology solutions. At Stewart Title, we know it's our relationship with our customers that determines our success. That's why service is the foundation of our business and integrity, the keystone in all our dealings. Contact us today at (888) 667-5151 or visit www.stewart.ca. STG_05_LT_BaseBar 8/16/06 8:52 AM Page 1 The Inside Story Confidential A CHIMP AIN'T A PERSON VIENNA, Austria — Try as they might, animal activists are losing the battle to have a chimpanzee declared a person. Last week, Austria's Supreme Court rejected a petition from the Association Against Animal Factories to appoint a trustee for a chimp named Matthew Hiasl Pan. Pan and another chimp, Rosi, were left homeless after the animal shelter they'd lived in for 25 years filed for bankruptcy. The s activists are trying to allow for donors to give money to help with their upkeep, but under Austrian law only a person can receive personal gifts. Organizers want to set up a foundation to collect cash for Pan, whose life expectancy in captivity is about 60 years. But they argue only personhood will ensure he isn't sold to someone outside Austria, where he's protected by strict animal- cruelty laws. The AAAF says it's now going to take its case to the European Court of Human Rights. COURTING THE POLICE MIAMI — If you don't want to end up in handcuffs, don't post a video of yourself on the Internet trash-talking the cops and showing off your weapons. A video posted on YouTube called "Bird Road Getting in Trouble," shows reputed gang members showing off their guns and taunting police to come and get them. "Last night, we granted his wish," said U.S. Attorney R. Alexander Acosta last Wednesday. "King Bird Road" Rudy Villanueva, 31, and 22-year-old Anthony Logan were arrested on federal weapons charges. Investigators said they were incensed when they saw the video and heard the threats. The video, according to reports, showed Villanueva and Logan brandishing an assault rifle, a shotgun, and various handguns. Villanueva pulls the triggers of the unloaded weapons. The two also threaten members of the Miami-Dade police invite them to "come at us if they want to." It's now been removed from YouTube. Villanueva acknowledged to investigators that he was in the video and that he made it to "instill fear in people who will roll up on me," according to an affidavit by Brian Eustice, an agent with U.S. Immigration and Customs Enforcement. EQUALITY FOR CATS AND DOGS RICHMOND, Va. — Where's the equal rights? In Virginia it's a felony to steal a dog but only a misdemeanor to swipe a cat. State Delegate Jennifer McClellan, who is not a cat owner, saw the inequity and is trying to get the law changed so cats get fair treatment under the law. Stealing a dog can land you in jail for up to 10 years but doing the same to a cat has a maximum punishment of a year. "All I'm trying to do is have the law reflect that if you steal a dog or steal a cat, the punishment should be the same," McClellan told the House courts of justice subcommittee. Supporters of the bill are informally calling it "Ernie's Law", in honour of the kitten whose ordeal inspired the legislation. COURT SLAPS DOWN SPANKING AWARD FRESNO, Calif. — A California appeals court has thrown out a $1.5-million jury award to a woman who was spanked in front of co-workers. Her employer had called it a camaraderie-building exercise. In setting aside the judgment in her favour, a three-member court panel says the jurors were given improper instructions. Janet Orlando claims she was sexually harassed by alarm company Alarm One Inc. during the team-building exercise where she was paddled with yard signs from rival companies. The firm has since done away with the practice. Orlando's attorney is vowing to take the case to trial again. But a lawyer for the company says it's bankrupt and there might not be much money left to recover. Bizarre Briefs By Viola James Enabling Lawyers through Technology Tel: 416.322.6111 Toll-free: 1.866.367.7648 www doprocess com Real Estate • Corporate • Estates HACKERS ACCESS CBA DATA FILE An unauthorized third party accessed a Canadian Bar Association computer file over the holidays that includes personal information of nearly 700 lawyers. John Hoyles, the CBA's chief executive officer, says a Jan. 2 audit of the organization's online web systems shows that someone accessed an archived file holding member names, business addresses, phone numbers, and credit card information. The credit card information was encrypted with a code that is "virtually impossible" to break, says Hoyles. "The only thing we can tell is that it appears this particular [hacker] tried this all over, not only on our site," Hoyles tells Law Times. "We have asked a third party expert to do a forensic audit to determine where the penetration took place. But that's ongoing." The CBA e-mailed and sent letters to those whose information was accessed — which amounted to less than two per cent of the organization's membership — soon after the security breach was discovered, says Hoyles. "We are going through this very carefully now. My senior director responsible for IT, we're going to do a complete review just to make sure that, if there's anything more we can add to make it more secure, we will," he says. AG ON THE ROAD Attorney General Chris Bentley has embarked upon a province- wide journey seeking lawyers' input on how to reduce costs and speed up justice in Ontario's civil system. Bentley's tour follows the November 2007 release of former Ontario chief justice Coulter Osborne's report, Civil Justice Reform Project: Summary of Findings and Recommendations www. attorneygeneral.jus.gov.on.ca/ english/about/pubs/cjrp/ "Our civil justice system exists to serve the people of Ontario," says Bentley in a release. "I'm interested in hearing how Mr. Osborne's recommendations will improve the speed and affordability of our system." Bentley's tour began Jan. 15 in Toronto and will continue for the next two months in communities across the province. It will consist of "focused discussions," according to the release. Osborne's report included 81 recommendations relating to 18 areas of procedural and substantive law. Small claims, trial management, appeals, technology, civility, unrepresented litigants, and proportionality are all targeted in it. Public comment on the report can be sent to attorneygeneral@ ontario.ca GOWLINGS TRENDSPOTTING Gowling Lafleur Henderson LLP has released its annual report aimed at helping businesses identify industry trends and their affect on the law. The Gowlings Trendwatch 2008 reports are authored by legal professionals in the firm's practice and industry groups. "As one of Canada's leading law firms, our professionals understand and advise on industry-specific business and legal issues that affect our clients," says Scott Jolliffe, Gowlings' chair and chief executive officer, in a release. "Gowlings Trendwatch 2008 harnesses the hands-on expertise of our professionals and makes the identified trends relevant to a range of Canadian and international organizations and sectors." The reports are available at www.gowlings.com/trendwatch. For more Inside Story, please visit www.lawtimesnews.com "I know I know! It's those darn Canadians and their mandatory minimum sentences for first-time drug offendors." LT LT *Pages 1-16.indd 16 1/17/08 7:18:51 PM

• Cover