Law Times

Page 16 SePtember 8, 2014 • Law Times www.lawtimesnews.com PATRICK MCCANN JOINS FASKENS Ottawa lawyer Patrick McCann has joined Fasken Martineau DuMou- lin LLP's litigation and dispute-resolu- tion group. According to Faskens, McCann's practice will focus on white-collar crime, investigations, and compliance. The law firm said McCann, among the first group of lawyers to obtain certifi- cation as specialists in criminal law, has been practising for 40 years. "Our white- collar crime, investigations, and compliance practice area is dedicated to helping clients respond to criminal and regulatory investigations and litigation. Our team is already recognized as a leader in this field of law, with substantial experience in protecting client interests in do- mestic, multi-jurisdictional, and international situations," said Mar- tin Denyes, Faskens' managing partner for Ontario. "Having an outstanding criminal lawyer like Patrick join our team further enhances our group." 'DARK LORD' ARRESTED FOR PEEING ON BIBLE PRESCOTT, Ariz. — Talk about desecrating the Bible. According to Reuters, police have arrested a 22-year-old Arizona man calling himself "Dark Lord" for allegedly burning a Bible and urinat- ing on it outside a Christian-oriented homeless shelter in northern Arizona. Authorities booked Eric Minerault into the Yavapai County Detention Centre on suspi- cion of one count of unlawful symbol burn- ing stemming from the incident at the Gospel Rescue Mission, Prescott police spokesman Lieut. Ken Morley said in a written statement. A mission representative reporting some- one was burning something on the mission's front steps called police for help, according to Morley. Officers found Minerault standing on the steps with a burned and wet Bible on the ground near him. He quickly admitted to the act. He told officers he undertook the mission because he believed it was a place of Christian worship and he was "cursing the Christians," police said. Asked why, officers reported that he said it was because he was the "Dark Lord." Minerault was clad in black and was wearing a black-and- red robe and a pentagram necklace. He remained at the detention centre on the misdemeanor charge, sheriff 's officials said. While the case involves some unusual cir- cumstances, it does involve some broader le- gal issues. Dan Pochoda, legal director for the American Civil Liberties Union of Arizona, said the arrest raises questions as to whether authorities violated Minerault's First Amend- ment freedom of speech rights. But Pochoda, who wasn't familiar with the charge cited in this instance, said the courts have upheld laws that bar people from burn- ing symbols like crosses. DAYCARE SUED FOR DUCT-TAPING TODDLER FORT WORTH, Texas — Duct tape is ex- tremely handy but it's hard to see how an or- ganization presumably eager to nurture chil- dren's development could justify using it as a restraint. But according to Reuters, a daycare centre's use of the adhesive has sparked a legal battle following high-profile revelations in June. A Texas couple has now filed a lawsuit against the owners of a Fort Worth-area daycare cen- tre seeking $1 million damages from the facil- ity for duct-taping their two-year-old son to a mat because he was unruly at nap time, their lawyer said. Kristi and Brad Galbraith are suing for fraud and negligence in the incident that oc- curred in June at the Heart2Heart Montessori Academy in Willow Park. None of the allega- tions have been proven in court. "is is a parent's worst nightmare," said Dallas attorney Jeff Rasansky. "Parents take a leap of faith to entrust their children to the care of someone else, and it is extremely upsetting when something like this happens to toddlers, who are too young to speak up for themselves." e daycare centre wasn't immediately available for comment but has said it's co-op- erating with authorities. "e staff and I have the best interest of the children and parents as our highest priority," it said in a statement in June. e couple claims in the suit it was their son whose widely circulated photograph gained national media attention. It showed a child wrapped in a blanket and bound to a nap mat with silver duct tape. A former employee who took the photo sent it to the Galbraiths and told them their son was one of two children duct-taped to mats that day, according to the couple's law- suit. LT REACH ONE OF THE LARGEST LEGAL AND BUSINESS MARKETS IN CANADA! AVAILABLE ONLINE AND IN PRINT 8JUINPSFUIBOQBHFWJFXTBOEVOJRVF WJTJUPSTNPOUIMZDBOBEJBOMBXMJTUDPNDBQUVSFTZPVSNBSLFU FOR MORE INFORMATION CONTACT Colleen Austin T: 416.649.9327 | E: colleen.austin@thomsonreuters.com www.canadianlawlist.com Get noticed by the lawyers, judges, corporate counsel, finance professionals and other blue chip cilents and prospects who find the contacts they need for Canadian legal expertise at canadianlawlist. com with an annual Gold or Silver Enhanced listing package. ENCHANCE YOUR LISTING TODAY! Untitled-1 1 14-08-29 2:32 PM u Bizarre Briefs By Viola James u The InsIde story LAWYER DISBARRED OVER PROPERTY DEALS A Law Society of Upper Can- ada hearing panel has disbarred a Scarborough, Ont., real estate lawyer for knowingly participat- ing in fraud. While the panel found Thel- ma Pushparanee Williams was careless in her work in rela- tion to several transactions, in one case she was reckless when she knew the risk of fraud was real. "In one transaction, we found that the lawyer was aware of the risk of fraud and we found knowing participation in mort- gage fraud on the basis of reck- lessness," wrote panel chairman David Wright, adding the law- yer failed to advise her lender cli- ent of "an obviously sham credit." "She knew there were tenants in each of the units of the four- unit property, and commissioned and submitted to her lender client a statutory declaration that said the purchaser would live in the property and it would be used as a single-family dwelling," wrote Wright in describing one of the problems cited in the case. "She said she did so because she did not know whether the purchaser would live in the prop- erty after the sale. The lender sold this property several years later under power of sale for approxi- mately $88,000 less than the value of the mortgage." The panel said it had no con- fidence in Williams' ability to act cautiously when "unusual" mat- ters arose in her practice. "When transactions did not have unusual features, the lawyer served her clients well," wrote Wright in the Aug. 26 decision of the law society tribunal hearing panel. "How- ever, the lawyer's ethical failings showed when matters were un- usual or she was under pressure. She failed to prepare as a profes- sional for such circumstances by educating herself, or to give suf- ficient attention to the aspects of real estate transactions that may require the detailed attention, ex- pertise, and judgment of a lawyer." The panel also ordered Wil- liams to pay $5,000 in costs to the law society. POLL RESULTS The results of the latest Law Times online poll are in. Despite some controversy, the majority of respondents agree with Legal Aid Ontario's move to expand duty counsel services. According to the poll, 63 per cent of respondents said they agree with the duty-counsel expansion as LAO needs to find a way to in- crease services and provide them more efficiently. As Law Times reported in recent weeks, LAO has been hir- ing a spate of new duty counsel with the prospect of some of them taking on an expanded role in the court system. It said it embarked on the new hiring fol- lowing a financial analysis that found it's cheaper in some areas to hire staff rather than pay pri- vate-bar lawyers on a per diem basis to do duty-counsel work. Some lawyers, however, have been critical. The Criminal Lawyers' Association sug- gested LAO should also invest in private-bar services through legal aid certificates. LT Patrick McCann "But all American citizens have to file annual tax returns with the U.S. Internal Revenue Service and it doesn't matter how long you've been in Canada, captain."

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