Law Times

PAGE 16 The Inside Story NEW BENCHER TO SERVE SHORT TERM William Kaplan has been ap- pointed as the Law Society of Upper Canada's newest bench- er. But with just weeks until the next election, he could be in for one of the shortest terms in the law society's history. Kaplan replaces Glenn Hain- ey following his appointment to the bench. Kaplan was the next name on the list based on the 2007 election but hasn't put himself forward as a candidate this time. Kaplan, a Toronto lawyer, ar- bitrator, and mediator, can now add an extra line to an already bulging resumé. After collect- ing law degrees from Osgoode Hall Law School, the Univer- sity of Toronto, and Stanford Law School, he was a professor at the University of Ottawa. He has also written more than 15 books, including a biography of former Supreme Court justice Ivan Rand and another on the Airbus aff air. Hainey was appointed a judge of the Superior Court of Justice in Toronto after just 2 1/2 years as a bencher. He fi lled the spot vacated by Derry Millar when he became treasurer in 2008. During his short time at the law society, he led the eff orts that resulted in the civility protocols for judges and chaired the pro- fessional regulation committee. CANADIAN EXECS ACQUITTED IN U.S. A Canadian night-vision equip- ment manufacturer and two of its executives have been acquit- ted in a San Francisco court of fraud charges against them. Newcon International Ltd. faced the charges in connection with a supply contract with the U.S. army to provide night-vision goggles for Iraqi forces. Th e U.S. Department of Justice made its allegations in 2005, and the charges were laid in 2007. Th e fi rm's president, Michael Beker, and former vice president, Arie Prilik, were also charged. Peter Biro, a partner at Weir- Foulds LLP, co-ordinated the international defence team. He's also external general counsel for Newcon. "Th is is a complete vindi- cation," Biro said. "We have asserted from the beginning that the charges were ground- less and that the conduct of both Newcon and its execu- tives was beyond reproach." In her ruling, U.S. District Court Judge Marilyn Hall Patel described the work of prosecutors as "sloppy." Beker returned to Canada last week after spending the last year con- fi ned to California as part of his bail terms. "Th is ordeal has been trau- matic for my company, my staff , and my family," said Beker. "It took all my strength and resolve to stand up to the formidable and intimidating force of the United States justice system. But I knew that I was right, I knew that I was innocent, and I am very grateful that it is over now." KOPYTO ORDERED TO PAY LSUC $10K Harry Kopyto must pay the Law Society of Upper Canada $10,000 in costs after abandon- ing a motion in his ongoing bid for a licence as a paralegal. A hearing panel was formed in late 2009 after Kopyto sought directions on disclosure by the law society as he attempted to challenge its jurisdiction to regu- late paralegals. Th e former lawyer, who was disbarred in 1989 for overbilling legal aid, complained about the neutrality of two panel mem- bers, Paul Dray and Carl Fleck. Kopyto eventually abandoned his motion for directions in late 2010 on short notice ahead of a scheduled hearing when it be- came clear that Dray wouldn't recuse himself. Th at has now cost him $10,000 after the law society demanded costs. Kopyto has since fi led a new motion before a new panel seek- ing wide-ranging disclosure from the law society. Th ere has been no decision yet on that motion. MILLER BACK AT AIRD & BERLIS Former Toronto mayor David Miller has returned to Aird & Berlis LLP after a 17-year gap to pursue public offi ce. Miller was a partner when he resigned in 1994 and returns as counsel for international busi- ness and sustainability. "As counsel, Mr. Miller will assist the fi rm in the imple- mentation of its international business development strat- egy, with an initial focus on its clean technology, energy, and environmental practice areas," the fi rm said. For more Inside Story, please visit www.lawtimesnews.com. PREMIER DAD MEETS HIS MATCH NEW YORK, N.Y. — On- tario's Premier Dad appears to have met his match in a New York state assembly member who's proposing mandatory registration and insurance for cyclists. Critics have dogged Pre- mier Dalton McGuinty for some time given the On- tario government's eff orts at regulating our lives through legislation and tax measures. But in New York, Demo- cratic politician Michael DenDekker has introduced a bill that would require regis- tration for cyclists across the state. Th e measures would involve licence plates hang- ing from the back of a bike. As the New York Post re- ported, a separate proposal would make every commer- cial cyclist carry identifi ca- tion and insurance. If the bill passes, people would have to pay $25 in the fi rst year for the licence plate. Recreation- al cyclists would then have to fork over $5 every year there- after. Commercial cyclists would have to pay $50 for the registration. According to the Post, the bill was in response to a major expansion of bike lanes throughout New York City. But a prominent cy- cling advocate in New York is criticizing DenDekker's proposal. "Don't our leaders march 7, 2011 • Law Times Bizarre pretty thin," Rasmussen said. But the Keystone Kops Briefs By Viola James in Albany have more press- ing problems than to create a bureaucratic morass for a simple and healthy activity?" the Post quoted Paul Steely White of Transportation Alternatives as saying. "Th is bill is scant on details. It reads more like a tweet than legislation." White noted most mes- senger companies already provide liability insurance for their cyclists. He also won- dered how eff ectively state authorities would be able to enforce the requirements. COPS NAB HANDCUFFED DRIVER LAS VEGAS, Nev. — Hand- cuff s couldn't stop this crimi- nal from making his escape in a cop car. While sitting in the back of a Chevrolet Tahoe, a 19-year-old Henderson, Nev., man managed to get behind the wheel and drive off , Reuters reported. At the time, he was under arrest on suspicion of attempting to break into a nearby home, police spokesman Todd Ras- mussen said. It took eff ort to get away, however. While police stood outside the vehicle, the sus- pect allegedly slid his hand- cuff ed hands behind his back and slipped through a very narrow opening in the Plexi- glas window separating the front from the back. "He was managed to track the sus- pect down a few hours after he drove off while still hand- cuff ed. According to Reuters, authorities tracked the car using its GPS and found the suspect hiding between near- by houses. He had made it as far as a softball fi eld about three kilometres away. PEEPING TOM HIDES KNIFE IN JOCKSTRAP CINCINNATI, Ohio — Committing sexual crimes is disturbing enough, especially for the victim, but doing so with a knife in your jockstrap is particularly questionable. According to the Cincin- nati Enquirer, police have arrested a 73-year-old man following the incident at the city's main library. Th ey got involved after a patron re- ported that a man had stuck his head under the stall as she was about to use the toilet. Th e Enquirer reported that the woman told police the man was staring at her. She screamed to her friend, who said she saw James Ab- bott of Queen City Avenue in South Fairmount with his penis in his hand. Police, meanwhile, claim Abbott had a knife in a hol- ster on his belt as well as a sec- ond skinning knife hidden in the plastic cup of a jockstrap he was wearing. According to the Enquirer, he's now facing charges of voyeurism, carry- ing a concealed weapon, and criminal trespass. LT Seen, heard, or been involved in a bizarre brief? Tell Viola James about it at viola.james@ gmail.com. www.lawtimesnews.com

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• Crown Uproar
• Dollars and Cents
• Focus On Immigration Law