Law Times

June 9, 2014

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Page 16 June 9, 2014 • Law Times www.lawtimesnews.com STEVEN RASTIN BECOMES OTLA PRESIDENT The Ontario Trial Lawyers Associa- tion has chosen Steven Rastin as its new president for the 2014-15 year. Rastin, who practises at Rastin & Associates PC in Barrie and Midland, Ont., replaces Charles Gluckstein in the role. "I am keenly looking forward to serving all OTLA members in the com- ing year as president, and working with my colleagues to promote better access to justice for all Ontarians," said Rastin. Rastin also noted the challenges fac- ing personal injury lawyers. "There are many significant challenges that lie ahead, particularly with respect to auto insurance in Ontario. OTLA will be working with the newly elected government and all MPPs to ensure fair treatment for injured accident victims." ANGRY JUDGE CHALLENGES DEFENCE COUNSEL TO FIGHT BREVARD COUNTY, Fla. — It's not usually judges who face accusations of incivility, but this is the United States, where members of the bench have more of a reputation for telling it like it is. According to Reuters, a Florida judge alleg- edly punched an assistant public defender aer telling him "stop pissing me off." Video footage shows Judge John Murphy challenging lawyer Andrew Weinstock to join him outside the courtroom to settle a dispute over the scheduling of a trial date. "If you want to fight, let's go out back and I'll just beat your ass," said Murphy on the video. Weinstock's boss, public defender Blaise Tret- tis, said the judge became angry because Wein- stock refused to waive his client's constitutional right to a speedy trial. Under Florida law, defen- dants have the right to a trial within 90 days for a misdemeanor and 175 days for a felony. "If I had a rock, I would throw it at you right now. Stop pissing me off. Just sit down," the vid- eo shows Murphy telling Weinstock. Aer Weinstock refused to sit or waive his client's rights, the judge issued his challenge. According to Reuters, the video then shows Weinstock walking out of the frame toward the courtroom's back door. e video shows other defendants waiting their turn in the courtroom listening to the talk in the hallway. "According to the lawyer, the judge grabbed him about the collar as soon as he walked into the hallway and began punching him in the head, and the lawyer just tried to stop the blows. And the deputies came into the hallway and pulled the judge off the lawyer," said Trettis. Trettis said he wouldn't file charges but he expected the Florida Supreme Court to take ac- tion against the judge. "It's really out of character," Trettis said of the judge's behaviour. "He's really got a good reputation." Trettis said he reassigned Weinstock to another courtroom but noted hundreds of his clients will still be appearing in Murphy's court represented by a different lawyer. Aer the altercation, Murphy returned to the bench and said he needed a moment to catch his breath. BATTERY CHARGE FOR WORKER ACCUSED OF LICKING FOOD ALBUQUERQUE, N.M. — For those who wonder what restaurant staff might do to your food, this case provides an example of what could happen to your meal. A kitchen employee at a women's halfway house is facing charges of three counts of bat- tery on a peace officer for licking sandwich cheese and ice cubes and serving them to pro- bation and parole officers at the centre, accord- ing to court documents. Yolanda Arguello, 59, worked at the South Valley Women's Recovery Academy in Al- buquerque as a contract employee, said Alex Tomlin, spokeswoman for the New Mexico Department of Corrections. "e case is still under investigation but she has had her security clearance revoked and no longer works at the facility," said Tomlin. Other employees at the facility reported see- ing Arguello lick sandwich cheese and serve it to probation and parole officers and suck on ice cubes or place them on the floor and then put them in beverages for the officers, according to an investigator's affidavit in the case. e food was served to probation and parole officers at the centre, according to the affidavit, which was provided by the district attorney's office for the New Mexico judicial district that includes Albuquerque. Arguello was charged with three fourth-de- gree felony counts of battery on a peace officer, according to New Mexico court records posted online. She posted bond shortly aer her arrest and was released. LT ARE YOU RECEIVING CANADIAN LEGAL NEWSWIRE? Keep abreast of essential late-breaking legal news and developments with our electronic newswire. VISIT OUR WEBSITE WWW.CANADIANLAWYERMAG.COM AND LOOK UNDER "LINKS" SIGN UP FOR FREE From the publisher of and Untitled-5 1 14-05-27 1:38 PM u Bizarre Briefs By Viola James u The InsIde story GROUPS COLLABORATE ON ACCESS TO JUSTICE Some 100 members of the justice sector met on June 3 to discuss collaboration among different groups to address access to jus- tice concerns. The meeting was the first of the Law Society of Upper Canada's action group on access to justice, a forum meant to foster teamwork across the legal sector to make justice more accessible. Representatives from the courts, government, academia, the bar, paralegal associations, and access to justice organiza- tions attended the inaugural meeting and shared examples of potential actions. "Ontarians need to be able to access their justice system in a timely fashion in ways that they can understand and at a price they can afford," said Thomas Conway, treasurer of the law society. "Expanding the law society's role in improving access to jus- tice has been my primary focus for the last two years. To launch [the action group], and see not only the law society's commit- ment but the commitment of so many others to making [it] a suc- cess, is a tremendous end to my term as treasurer," he added. "Collaboration is the only way we will be able to make sub- stantial and lasting change." GASCON TO JOIN SCC TODAY Nine months after the retire- ment of justice Morris Fish, Canada's highest court will fi- nally have a full bench. The federal government an- nounced last week it would appoint Quebec Court of Appeal Justice Clément Gas- con to the Supreme Court of Canada. At 54, he'll be the youngest judge on the Supreme Court when he assumes the po- sition on June 9. Chief Justice Beverley McLachlin welcomed the ap- pointment in a statement. "Justice Gascon is a distin- guished jurist," wrote McLach- lin. "He brings extensive exper- tise in the commercial and civil law of Quebec, as well as many years of experience as a judge. I look forward to his contribu- tions to the court." After receiving a civil law de- gree from McGill University, Gascon worked as a civil and commercial litigator with the now-defunct Heenan Blaikie LLP. He joined the Quebec Su- perior Court in 2002 and then became a judge of the Quebec Court of Appeal in 2012. MCCARTHYS PARTNER HONOURED McCarthy Tétrault LLP pen- sion and benefits lawyer Randy Bauslaugh has been inducted into the Canadian Pension & Benefits Institute Hall of Fame, the law firm announced. The hall of fame recognizes members who have made "a last- ing impact" on the institute. "Mr. Bauslaugh has been in- volved in many of the leading pension and benefit cases during his 30-year career," McCarthys said in a statement announcing the honour. "He routinely leads nego- tiations relating to pension and benefit issues, and acts as a me- diator and arbitrator in pension- related labour disputes." LT "Wi-Fi in the national parks? This can't be legal! Get me a conference call with Greenpeace, David Suzuki, and whatsername at the Green party! Now!" Steven Rastin

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