Law Times

PAGE 16 The Inside Story LIBELLED LAWYER GETS $20K IN COSTS Months after winning $50,000 in damages against a former cli- ent who libelled him, Pelham, Ont., lawyer Leigh Daboll is to receive $20,000 in costs on a partial indemnity basis. Superior Court Justice Rich- ard Lococo made the ruling last week. In doing so, he rejected Daboll's bid for full indemnity costs at $56,749. Th e case involved Mark De- Marco, who had retained Daboll in 2003 for matrimonial litiga- tion with his estranged spouse. While the retainer ended soon after, a lengthy fee dispute en- sued. Eventually, advertisements began appearing in local news- papers under the title "Lawyer Crime Ontario." Th e same ads appeared on dirtylawyer.com and lawsocietiesreform.com, two web sites run by DeMarco. Th e ads referred to Daboll's 2003 convic- tion for criminal harassment and fi ndings of misconduct by the Law Society of Upper Canada. In 1996, an LSUC panel rep- rimanded Daboll over fi ndings that he had fabricated a subpoe- na to witness. In 2003, he spent 65 days in pretrial custody before pleading guilty to criminal harassment of a woman who had previously been in a relationship with him. He received three years' proba- tion, while the law society sus- pended him for 30 days. It also ordered him to pay costs and get counselling. In 2006, the LSUC sus- pended him again, this time for two months, after a panel found he was in a confl ict of interest by having a personal relation- ship with the estranged wife of a client while representing him against her in a family law pro- ceeding. In his decision dated Jan. 4, Lococo said DeMarco couldn't rely on the defence of truth for his comments. "Individual fragments of the advertisement arguably had some basis in fact but they were expressed and juxtaposed in a manner that I fi nd to be incon- sistent with the truth," Lococo wrote. "Th e clear implication of the advertisement is that at the time it appeared in the newspapers and/or the websites (that is from November 2009 to the time of trial), Mr. Daboll was allowed to practise law while being at that [ Untitled-5 1 time on criminal probation and facing a further charge relating to 'sex/personal relations clients wife.'" HAMILTON BAR TAKES TO STAGE A group of lawyers in Hamil- ton, Ont., is taking to the stage to raise funds for a local charity and theatre company. Th e Hamilton Lawyers' Show, put on by the Hamil- ton Lawyers' Club and Th e- atre Aquarius, is a production of Robert Bolt's A Man for All Seasons. Th e play is based on the life of Sir Th omas More, one of Henry VIII's key advisers in the early part of his reign. Proceeds from the three per- formances on June 2, 3, and 4 at the Dofasco Centre for the Arts in Hamilton will go to Th eatre Aquarius and the Law- yers' Legacy for Children. Th e Hamilton Lawyers' show has a long history dating back to 1983, when Ray Harris (now a Superior Court judge) di- rected a production of Twelve Angry Men. He had the support of prominent local lawyers Jeff Manishen and Randy Mazza, who's also now a Superior Court judge. For further details on tickets, go to hamiltonlawyersshow.com. NEW HEAD OF CDLPA Michael Johnston is the new chairman of the County and District Law Presidents' Asso- ciation. Johnston, who practises at Stewart Corbett in Brockville, Ont., has been vice chairman of CDLPA since 2009. He will now head the asso- ciation, which represents the presidents of 48 local groups throughout the province, for an 18-month term. Johnston, who was called to the bar in 1974, practises real estate law, wills and estates, cor- porate law, family law, and mu- nicipal law. He plans to make the greying of the bar a priority. "Lawyers are aging, and in smaller communities there has been diffi culty in attracting new lawyers," Johnston told the Brockville Recorder and Times. "If there's not a reversal of what we see happening, in 10 to 15 years there's going to be a shortage." For more Inside Story, please visit www.lawtimesnews.com. "They're absolutely addicted to those YouTube videos about how much Bell is forcing Canadian ISPs to pay for Internet access." Commercial and Residential Title Insurance Solutions At Stewart Title, we know it's our relationship with our customers that determines our success. That's why service is the foundation of our business and integrity, the keystone in all our dealings. Keeping real estate transactions where they belong – in your office! Call us today at (888) 667-5151 or visit www.stewart.ca. www.lawtimesnews.com 7/19/10 2:39:54 PM ] MAYOR RESCUES MAN IN WOMEN'S PRISON HILDESHEIM, Germany — A mayor in Germany helped rescue a man who be- came trapped in a women's prison after mistaking it for a shortcut to a nearby park, said police in the northern city of Hildesheim. Hildesheim Mayor Hen- ning Blum heard the man's cries for help while passing by the prison near the city centre and notifi ed police who came and freed the 24-year-old. Th e man told police he was strolling through town and didn't immedi- ately notice he had walked into a prison. By the time it dawned on him where he was, the gate to the jail had already closed, locking him inside. Police said they are inves- tigating why the prison gate was open, enabling the man to wander in. — Reuters ILLEGALS ARRIVE IN STYLE NEW YORK, N.Y. — A Malaysian man faces charges of attempting to smuggle nine Chinese illegal immi- grants into the United States as passengers on board the luxury RMS Queen Mary 2 ocean liner, offi cials said last week. May 16, 2011 • Law TiMes Bizarre public relations manager. Th e Chinese immigrants Briefs By Viola James Th e group, carrying forged Japanese passports but speaking scarcely any Japanese, was caught by im- migration offi cials after dis- embarking in New York City on April 26, said John Saleh, a U.S. Customs and Border Protection offi cer. Offi cials said it was un- usual for illegal immigrants to arrive in such grand style. "We haven't really seen this in the past because of course it is expensive. It's quite an investment just to get on this ship," Saleh said. "If they feel we'd be less likely to suspect a high-end ship as opposed to one of the fl y-by-night cruise lin- ers, they'd use that route," he added. According to court pa- pers, Fatt Kwee Wong of Malaysia admitted to cus- toms offi cials he was paid $3,500 each to help the fi ve women and four men sneak into the United States. Th e nine Chinese board- ed as paying passengers in Dubai for their voyage on the ship, which features 14 decks with opulent dining rooms, ballrooms, theatres, and even a planetarium. Cunard Line, which op- erates the ship, said the case was unprecedented. "To the company's knowledge, this is a fi rst-time occurrence," said Jackie Chase, Cunard were in custody while au- thorities processed their de- portation. Th e accused smuggler was being held in federal custody and his case was expected to go before a grand jury. — Reuters ACCUSED STORE THIEF RETURNS FOR SMOKES MINNEOLA, Fla. — Some- how, a man who allegedly robbed a convenience store at gunpoint thought noth- ing would happen the next day when he returned to buy cigarettes. According to the Orlando Sentinel, police said a man identifi ed as a regular cus- tomer of the store took $500 and several packs of New- port cigarettes after he ar- rived wearing a mask. Dur- ing the incident, the robber raised the mask to expose his face, but detectives were un- able to track him down. Th e next day, staff im- mediately called police after a man identifi ed as 18-year- old Brandon Tyler Walker came in to buy more ciga- rettes. Offi cers then tracked him down. While the Sen- tinel reported Walker had an alibi, a store clerk signed an affi davit fi ngering him as the culprit. Walker is now facing a charge of armed robbery and two counts of larceny theft. LT Seen, heard, or been involved in a bizarre brief? Tell Viola James about it at viola.james@ gmail.com.

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