Law Times

January 24, 2011

The premier weekly newspaper for the legal profession in Ontario

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Follow on Subscribe to Law Times And receive: • Unlimited access to the Law Times digital editions and to our digital edition archives...FREE • Canadian Legal Newswire, a weekly e-newsletter from the editors of Law Times and Canadian Lawyer...FREE www.twitter.com/lawtimes $4.00 • Vol. 22, No. 3 Untitled-3 1 5/5/10 3:55:30 PM Inside This Issue 3 Public Call 7 Transit Solution 9 Focus On Privacy Law Quote of the week "The diffi culty with the averaging approach is if you have one foot in a burning fi re and the other in freezing cold storage, your average body temperature will remain the same but the extremes kill you." — Louis Strezos, Criminal Lawyers' Association, See LAO, page 5 Covering Ontario's Legal Scene earlug.indd 1 January 24, 2011 CCCA board sacking 'shabby' Members dismissed as funding dispute hits impasse BY MICHAEL McKIERNAN Law Times rectors and dismissed its executive director in a dispute over funding. Tension had been building at the CBA's T in-house off shoot for at least three years over the level of funding it was providing to the CCCA. Both sides agreed to go into mediation after 26 months of discussion failed to resolve their diff erences. In a note to all CCCA members on Jan. 17, CBA president Rod Snow said the CBA acknowledged the CCCA needed more funding but announced mediation had come to an end following another unpro- ductive weekend of talks. "An impasse was reached, which, as the mediator confi rmed, could not be resolved by continuing the mediation," Snow wrote. "We are now moving forward, and here's what the future looks like. Th ere will be a new CCCA with a focus on the future and the relevant services for in-house counsel." John Hoyles, CEO of the CBA, confi rmed that Silvie Kuppek, the CCCA's executive di- rector, had also been dismissed, along with the 23-person board, and that he has taken over as acting executive director. He says the CBA board ran out of patience when it became clear an agreement wasn't possible. "It's time to look forward. We need to look after in-house counsel and we have to get going." Hoyles also aims to establish a "more he Canadian Bar Association has dissolved the Canadian Corporate Counsel Association's board of di- sponsorship for an upcoming CCCA event when she learned the news by e-mail. "I was in shock on Monday and I just feel very sad. It's one of the best boards I've ever worked with, and I think the treatment was shabby considering the amount of personal time we have given up." Foy says she wanted the CBA to divert more of its members' fees directly to the CCCA. Th e CBA provides direct funding to the CCCA of about $400,000 this year, according to Foy. Th e CCCA has about 4,200 in-house counsel members, plus about 5,500 private bar members, who each pay an average of roughly $650 to the CBA every year. Th at means the direct funding amounts to about $40 per CCCA member or six per cent of their CBA dues. "Th e message the CBA has sent to in- house counsel is that their interests will al- ways be secondary to the greater interests of the CBA," Foy says. CBA spokeswoman Hannah Bern- CBA president Rod Snow announced 'a new CCCA with a focus on the future' last week. transparent and accountable governance model," although Cheryl Foy, the dismissed president of the CCCA, says that issue came a distant second to money. Foy says her dismissal came out of the blue. Th e general counsel at Carleton Uni- versity was at a meeting attempting to secure stein said it also provides the CCCA with $250,000 in indirect funding in the form of support services. "While we were prepared to consider additional budgets, we were not prepared to jeopardize the fi nancial viability of the CBA," Bernstein said in a statement. Leanne Andree, another former president of the CCCA, describes the purge as "a very sad turn of events for both the CCCA and the CBA." She has teamed up with Foy and another former board member, Kari Horn, to condemn what they call the CBA's "drastic move." "Th e current situation has given rise to an See Former, page 4 ciety of Upper Canada panel deci- sion that found he wasn't of good character. Th e panel dismissed Ryan Ma- nilla's application for an L1 licence by a 2-1 majority last September following complaints from fellow members of his Th ornhill, Ont., condominium board about his conduct towards them. In late 2008, a dispute over a condo-fee increase on the fi ve- person board, of which Manilla was president, escalated into a bit- ter feud that eventually left Ma- nilla facing a number of criminal Law school star fights LSUC's good character ruling A BY MICHAEL McKIERNAN Law Times law school star blocked from joining the profession is now appealing a Law So- charges, including four counts of criminal harassment, intimidating a witness, and threatening death. Authorities later withdrew the charges after Manilla completed the requirements for diversion. He apologized for his behaviour, took anger-management classes, and began seeing a therapist. But panel members James Wardlaw and Sarah Walker found his motive for confessing to his misconduct was "equivocal" and that not enough time had passed since he began treatment to be con- fi dent his character had changed. Nicholas Pustina dissented, fi nd- ing that Manilla was of good char- acter as of the date of the hearing. He also noted his strong network of professionals and family mem- bers made a relapse unlikely. In a notice of appeal, Manilla asks the law society to set aside the decision on the grounds that it was "unreasonable and contrary to the weight of evidence." He also says the ruling "erred in failing to pro- vide adequate reasons for its cen- tral determination that the appel- lant was not of good character." Manilla has retained Phil Downes to act for him in the ap- peal. He declined to speak about the matter last week. "Since the matter is currently before the pan- el to be argued, neither I nor Mr. Manilla will have any comments to make," Downes said in an e- mailed statement. Manilla had glided eff ortlessly through his academic and legal career up until the fi nal hurdle of licensing. Described by the 11/10/09 11:20:32 AM panel as a man of "above average intelligence," he scored extremely good marks at high school and won a scholarship to York Uni- versity. Th ere, he spent every year on the honours list before fi nally graduating from the University of Western Ontario. He told the panel at his original hearing that the law had fascinated him from an early age and that he attended the Paul Bernardo trial when he was in his teens. He still has a copy of a Toronto Sun article on the verdict that quoted him. After graduating, he moved on to Osgoode Hall Law School, where he fi nished in the top 10 per cent of the class and won an international law prize. In the meantime, Davies Ward See Condo, page 4 Click here to subscribe today to LAW TIMES LT Digital version.indd 1 6/25/10 12:59:47 PM Childview_LT_Jan24_11.indd 1 www.lawtimesnews.com 1/19/11 11:04:05 AM Includes a FREE digital edition! Go to: www.lawtimesnews.com

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