Law Times

PAGE 16 The Inside Story CASE NETS $30K IN COSTS TO AGA KHAN A copyright action involving a Toronto lawyer and the Aga Khan has resulted in a $30,000 costs order in favour of the spiri- tual leader after a Federal Court judge granted summary judg- ment in the case. Federal Court Justice Sean Harrington found Alnaz Jiwa and his co-defendant Nagib Taj- din, a Kenya-based Canadian businessman, infringed the Aga Khan's copyright when they pub- lished a book that collected his religious teachings over a period of more than 50 years. Th e two men, both Ismaili Muslims who recognize the Aga Khan as their spiritual leader, ar- gued he couldn't be behind the action because he had given his blessing to Tajdin to continue his work on the book during a cer- emony in Montreal in 1992. A personal meeting with the Aga Khan failed to resolve the matter when Tajdin and Jiwa didn't ask him any questions dur- ing a 15-minute examination ordered by the court before Har- rington made his ruling in Janu- ary 2011. Th e costs decision in March also ordered Tajdin and Jiwa to hand over all remaining copies of the book. A court-appointed monitor will determine the dam- ages and profi ts owing to the Aga Khan, which the court said would go to his Aga Khan De- velopment Network or "such other non-profi t organization or purpose as he may see fi t." STIKEMAN ELLIOTT LAWYER MOURNED Stikeman Elliott LLP is mourn- ing the sudden death of Toronto partner Gary Nachshen. Th e 51-year-old died while on holiday with his wife and two young children in the Turks and Caicos. Nachshen became a partner at the fi rm's Montreal offi ce in 1996 but relocated to Toronto a year later, where he became head of Stikeman Elliott's pensions and benefi ts group. Just last month, British pub- lisher Chambers Global named him one of Canada's top pensions and benefi ts lawyers. During his career, Nachshen also established himself as a prolifi c writer on the subject. "Gary was an incred- ible contributor to the fi rm on many levels and he led by example. His understanding of partnership was inclusive and collaborative — he was always eager to share credit with the lawyers on his team. He will be deeply missed at Stikeman Elliott," the fi rm said in a state- ment on its web site. SITE TRACES CHINESE DISCRIMINATION Th e Law Society of Upper Canada and the Metro Toron- to Chinese & Southeast Asian Legal Clinic have launched a web site dedicated to raising awareness of historical injustic- es imposed on Chinese people by Canadian governments. Th e site, roadtojustice.ca, is available in English, French, and Chinese. It showcases leg- islation and policies that dis- criminated against people of Chinese descent as well as key court decisions that curbed in- justices. Th ere are also profi les of pio- neering fi gures, including Kew Dock Yip, who became the fi rst Chinese-Canadian lawyer in 1946 after his call to the bar in Ontario. A year later, he was a key player during the repeal of the Chinese Exclusion Act. LAWYER REPRIMANDED OVER SEX SCANDAL A Winnipeg lawyer caught up in a scandal over naked pic- tures of his wife has received a reprimand over allegations that he pressured a client to have sex with her. Jack King pleaded guilty to three counts of misconduct re- lated to events in 2003, when he tried to convince his client, Alex Chapman, to have sex with his wife, Lori Douglas, who's now a judge at the Court of Queen's Bench. At the time, she was a lawyer. "To my wife, I can never apol- ogize enough," King told the Law Society of Manitoba panel. Chapman told the Winnipeg Free Press he was disappointed he didn't receive an apology of his own. "He should be disbarred," Chapman said. In September 2010, Chap- man accused King of sending him nude pictures of Douglas in a $67-million action against them and their former law fi rm. Th at matter has since been dismissed. Th e Canadian Judicial Council is still investigating a complaint by Chapman against Douglas. For more Inside Story, please visit www.lawtimesnews.com. "Before I punch you in the face, the law society's new civility code obliges me to ascertain that your liability insurance covers damages resulting from your annoyance." FEEDS LEGAL LegalFeeds_Cl_Jan_11.indd 1 A daily blog of visit www.lawtimesnews.com FORGER GIVES FAKE NOTE AT SENTENCING SAN LUIS OBISPO, Calif. — She pleaded no contest to forgery in January, but when it came time for sentencing, a 41-year-old woman allegedly tried to deliver a fake doctor's note to delay the proceedings. According to the San Luis Obispo Tribune, sentencing hear- ings were to begin last week for Michelle Elaine Astumian. She had already pleaded no contest to two counts of forging a drug prescription and one count of using a fraudulent cheque and was out of jail on $45,000 bail pending sentencing. But on the day of the scheduled hearing, deputy dis- trict attorney Dave Pomeroy said Astumian had presented a doctor's note calling for a postponement of her sentenc- ing. Pomeroy says he called the doctor, who reported the note was a forgery. Judge Barry LaBarbera, who was to sentence Astumian to four years and eight months in state prison, ordered her into custody upon learning of the alleged forgery. In the mean- time, she fell to the fl oor, which caused LaBarbera to clear the court for 30 minutes. An ambulance then took Astumian to hospital, the Tri- bune reported. Pomeroy wasn't sure when Astumian would re- turn to court for sentencing. It appears, then, that she accom- plished her goal. April 4, 2011 • lAw Times Bizarre Briefs By Viola James FORD TAKES NISSAN TO COURT OVER ADS SAO PAULO, Brazil — Th e automotive industry is certainly competitive, but the local man- agement at Nissan Motor Co. in Brazil went too far in airing commercials that said Ford Motor Co. overcharges for its hatchback models, a criminal lawsuit alleges. Ford's Brazilian unit fi led the case following the Nissan ads that showed two rappers dressed as Ford engineers brag- ging about how much they made by charging too much for the Focus hatchback. "All that luxury I got, I got it with your money," the rappers said. "Don't weep because you're paying the extra money — your money was well spent, look what I do with it." Th e ads show the rappers with gold rings and chains. With a silver Focus in the back- ground, bikini models dance and drink champagne, Reuters reported. Th e lawsuit accuses Nis- san's local management of "im- proper brand use" and "unfair competition." Ford had already obtained an injunction against the commercial, which ceased airing on March 3. According to Reuters, Nissan has taken a more aggressive marketing approach in Brazil recently. Sales have been strong, but so far its 1.6-per-cent market share is far less than Ford's at 9.4 per cent. VINDICATED MAN DIES AS LIFE GETS ON TRACK OMAHA, Neb. — Th is story isn't funny in the slightest but it is hard to believe. Joseph White, a man wrong- fully convicted and jailed for almost 20 years over the death of a Nebraska woman, died just before he was to receive a $500,000 settlement from the state and just as he was about to marry the high school sweet- heart he had fi rst proposed to 30 years ago. According to the Omaha World-Herald, White died while moving coal in Alabama, where he had been working following his release in 2008. While op- erating a crane, he got out of the cab to move a piece of coal that had become stuck. He got crushed in the meantime. White served the time for the 1985 rape-slaying of 68-year-old Helen Wilson. One of six people charged, he was the only one to maintain his innocence. He received a life sentence upon his conviction for second-degree murder, the World-Herald reported. New legislation in 2001 al- lowed for testing of DNA from the crime scene. Th e results turned up no matches for any of the six people convicted. In- vestigators have since said the real killer was a man who died in 1992. "When it comes to the truth, you never stop fi ghting," White said after his release. White was set to marry the high school sweetheart, who he had fi rst proposed to in 1981, this May. She accepted the pro- posal on Christmas Eve. "He was the happiest he'd been since he was a little kid — or at least since 1989," his mother Lois White said. LT Canadian Legal News 1/6/11 11:44:49 AM canadianlaw yermag.com/ legalfeeds

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