Law Times

PAGE 28 The Inside Story RULING ON MASTERS UPHELD Th e Ontario Court of Appeal has upheld a ruling by a Supe- rior Court judge that deemed legislation concerning the ten- ure and remuneration of case management masters to be un- constitutional. Appeal court Justice James MacPherson, writing for the three-judge panel, agreed that a process linking case manage- ment masters' pay to top-level public servants, whose rate in turn was set by the provincial cabinet, wasn't independent enough. Th e classifi cation "is estab- lished and controlled by the government; it is the precise opposite of an intermediary at arm's length from the govern- ment," MacPherson wrote in his March 30 decision. Th e government was given 12 months to change the leg- islation when Superior Court Justice Terrence Platana de- livered his decision in August 2010, but MacPherson reset the clock after government lawyers argued the upcoming provincial election would dis- rupt their ability to tackle the problem by that deadline. Th ey now have until March 2012 to make the changes. MANILLA'S APPEAL REJECTED A Law Society of Upper Can- ada panel has dismissed Ryan Manilla's appeal of the deci- sion to deny him a licence to practise law. Manilla was denied a licence by a panel that found he wasn't of good character by a 2-1 ma- jority. Th e law school star ran into trouble after a dispute with members of his condo board that spiralled out of con- trol. Manilla ended up facing criminal harassment charges over the condo fee dispute, al- though the charges were later diverted. He apologized for his behaviour and attended thera- py but failed to accept respon- sibility for a letter that smeared his condo board colleagues until fi ve days before his good character hearing. At the appeal, Manilla's law- yer, Phil Downes, argued the original decision had given in- adequate reasons for denying him entry to the profession and complained it isolated a key question but failed to answer it. "As a witness, he appeared to be forthright and convincing. But was he being merely ma- nipulative?" the panel asked. But the appeal panel de- cided that the reasons, read as a whole, "amply explained and justifi ed" the decision to deny Manilla a licence. Th e question about his credibility wasn't one it had to answer, wrote appeal panel chairman Mark San- dler. "Th e hearing panel merely refl ected that its inability to resolve that issue contributed to its fi nding that the appel- lant had not met his burden of proof of demonstrating his good character," he said in the March 25 decision. 2 FIRMS LAUDED FOR IP Gowling Lafl eur Henderson LLP and Smart & Biggar/ Fetherstonhaugh dominated at the annual Managing Intel- lectual Property gala in Wash- ington on March 29. In the Canadian category, Gowlings took home two awards after being named Pat- ent Prosecution and Patent Contentious fi rm of the year. Smart & Biggar picked up four awards, including Trademark Prosecution and Trademark Contentious fi rm of the year. OTTAWA FIRM GETS GLOBAL NOD Perley-Robertson Hill & Mc- Dougall LLP's international arbitration group has made a global mark for itself just two years after it was established. In newly released editions, both Global Arbitration Review and Chambers Global recog- nized the Ottawa fi rm's group as a leader. Global Arbitration Review ranks Perley-Robertson Hill & McDougall among the top 100 international arbitration law fi rms in the world, while Chambers Global placed two of the fi rm's partners, Andrew McDougall and Barry Leon, among the leading arbitration lawyers in Canada. "It is an honour to be rec- ognized by clients and peers alike from around the world," McDougall said in a statement. "What sets us apart is the high- quality partner-level involve- ment we are able to provide at a sensible cost without the confl icts of interest that exist in larger fi rms." For more Inside Story, please visit www.lawtimesnews.com. "It's so peaceful and quiet out here! Thanks to that 550-metre setback rule for wind farms." Recruiting? Post your position on GREAT RATES. GREAT REACH. GREAT RESULTS. Contact Sandy Shutt at sandra.shutt@thomsonreuters.com for details. www.lawtimesnews.com JobsInLaw 1-8 pg 5X.indd 1 2/15/11 4:12:27 PM STATE BAN ON SAGGY PANTS LITTLE ROCK, Ark. — You'd think the presumed lib- ertarian leanings of a red state like Arkansas might work against a law banning saggy pants in schools. But no, Gov. Mike Beebe has signed a bill that prohib- its wearing clothes that expose "underwear, buttocks or the breast of a female." Educational organizations were happy with the law. "We feel the bill can improve the learning environment in schools," said Donna Morey, president of the Arkansas Ed- ucation Association. According to Reuters, edu- cators have long been con- cerned about youth wearing things like saggy jeans that expose the top of their under- wear. But the new law doesn't specify how school offi cials will punish those who violate the ban. "School boards will have to look at existing school dress code policies and make sure they are in compliance with this new law," said Kris- ten Gould, staff attorney for the Arkansas School Boards Association. SICK CEO COPIED ON TERMINATION E-MAIL CHEVY CHASE, Md. — In yet another example of the dangers of not checking who you're sending your e-mails to, a woman suff ering from April 11, 2011 • lAw Times Bizarre Briefs By Viola James leukemia is reportedly consid- ering legal action after her em- ployer inadvertently copied her on a message announcing her fi ring. Th e woman, Marla Gilson, had requested to work from home for six months while recovering from an upcom- ing bone marrow transplant, the Washington Post report- ed. Th e president and CEO of the Association of Jew- ish Aging Services of North America, Gilson received the board's reply by mistake after she had just returned home from a second round of che- motherapy. According to the Post, the response from two board members indicated the orga- nization would face "undue hardship, if not irreparable harm," if Gilson worked from home. As a result, it would start looking for her replace- ment right away. While board members were initially supportive of Gilson during her illness, they soon began worrying about the ef- fects on the association, the Post reported. Th e job involves some travel and face-to-face meetings. As well, other em- ployees reportedly can't fi ll in for Gilson because their posi- tions are administrative. Gilson, however, had tried to reassure the board that she could perform her duties even while working at home. She also agreed to take a pay cut so the association could hire a consultant to handle the things she was unable to do. Th e draft letter inform- ing Gilson of her termination ended by saying, "In a short period of time, you have be- come a fi ne colleague and good friend. Again, we wish you a speedy recovery." Friends say Gilson plans to fi le a discrimination lawsuit against the association, the Post reported. CLASSY THIEF TAKES $2K BOTTLE PORTLAND, Ore. — At least this robber had enough class to look for the fi nest co- gnac when he broke into a li- quor store. Wearing a mask, the thief smashed a window at a store in suburban Portland and left with a bottle of Remy Mar- tin Louis XIII cognac valued at $2,363.45. "He has good taste," said Lt. Mike Rouches. Besides the high-priced item, the thief also took 11 bottles of fi ne yet cheaper co- gnac and 12 packs of menthol cigarettes. Police believe the man knew what he was looking for. "I've not seen a theft like this," Rouches said. "Usually, they grab whatever they can." According to Reuters, while police arrived quickly, the thief had already left, an- other sign that he had specifi c items in mind. In the meantime, police have surveillance tape of the robber and are searching for him. LT Seen, heard, or been involved in a bizarre brief? Tell Viola James about it at viola.james@gmail. com.

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• Election Special
• Focus On Class Actions