Law Times

PAGE 16 The Inside Story VAUGHAN LAWYER DISBARRED The Law Society of Upper Canada has disbarred Vaughan, Ont., lawyer Francesco Pu- chiele after finding him guilty of professional misconduct. The findings relate to a num- ber of real estate transactions. Ac- cording to the LSUC, Puchiele knowingly assisted fraudulent or dishonest conduct by his vendor and purchaser clients or others. He also failed to be honest and candid with his lender clients by not making full, frank, and timely disclosure of all mate- rial facts, including a significant price escalation within a short period of time. At the same time, Puchiele acted for multiple parties in the transactions with conflicting interests in addition to several other misdeeds. Besides disbarr- ing him, the law society also ordered him to pay $15,000 in costs within two years. PAWLITZA HONOURED BY WLAO The Women's Law Association of Ontario has awarded its 2011 President's Award to Law Soci- ety of Upper Canada Treasurer Laurie Pawlitza. In announcing the award, the association noted Pawlitza's contributions to the legal profes- sion and her role in promoting the interests of women lawyers in Ontario. She's to receive the award on June 7 at the National Club in Toronto. PARTY TO CELEBRATE HUMAN RIGHTS WORK Ontario Securities Commis- sion chairman Howard Wetston is the guest speaker at Canadian Lawyers Abroad's upcoming spring cocktail party. The event takes place on June 1 from 6-9 p.m. at 48 Yonge St. in Toronto. A celebration of the organization's work on the rule of law, good governance, and human rights around the world, the event will feature Wetston's comments on the importance of promoting the rule of law. LAWYERS ROCK THE COURTHOUSE Five lawyer bands are taking the stage this week to raise money for the Lawyers Feed the Hun- gry program. The event will feature several classic songs as well as new mu- sic. The five lawyer bands, Hung Jury, the Loopholes, the Mar- gins, the Soul Practitioner, and Tortious Conduct, will play in addition to showcase group Mo- tion Denied. The show takes place May 6 at the Courthouse at 57 Adelaide St. E. in Toronto. Tickets are $30 at the door or $25 in advance. For more information, contact event organizer John McMillan at johnmcmillan@bellnet.ca. INSURANCE LITIGATORS HONOURED Two insurance litigators are the recipients of the Ontario Bar Association's 2011 Award for Excellence in Insurance Law. Toronto lawyer Paul Lee and Sudbury, Ont., practitio- ner James Simmons are both receiving the honour. "The OBA insurance law section is very pleased to celebrate with our colleagues the careers of two lawyers from the insurance bar that have successfully repre- sented both our profession and industry with such professional- ism, energy, and character," said section chairwoman Aleksandra Zivanovic. Simmons has practised in Sudbury since his call to the bar in 1970 and is an active member of the community. He receives his award on May 3 in Sudbury. Lee, a leading expert in per- sonal injury, motor vehicle, and property and casualty claims, was to be honoured last Thursday. GOV'T DISCRIMINATED, HRTO FINDS The Ministry of Municipal Affairs and Housing is on the hook for a $20,000 award after it discriminated against an aborigi- nal woman, the Human Rights Tribunal of Ontario has ruled. According to the ruling, Bon- nie Couchie lost her contract to deliver programming on ab- original relations to several gov- ernment ministries following the first of six sessions. Couchie, an aboriginal woman, and her co- presenter, a non-aboriginal per- son, both received mixed reviews for their work. But only Couchie lost her contract. In response, HRTO vice chairwoman Jennifer Scott con- cluded that Couchie was subject to "heightened scrutiny, dispro- portionate blame, and overreac- tion when compared to her co- presenter." As a result, the government must now pay Couchie $20,000 in general damages. For more Inside Story, please visit www.lawtimesnews.com. "So I was talking to Imhotep and I'm like, 'How about updating our document management system? I mean like HELLO papyrus!'" 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 Digital LT.indd 16 4/29/11 11:29:00 AM TRADEMARK FOR WORD 'MOMMY?' SAN FRANCISCO, Calif. — Rival wine sellers targeting overworked mothers are fight- ing over use of the word "Mom- my" on their wine labels, ac- cording to a lawsuit filed in San Francisco federal court. In the suit, California-based winery Clos LaChance Wines asked the court to declare that its MommyJuice doesn't violate the trademark of Mommy's Time Out, which is marketed by a New Jersey distributor. "Mommy is a generic word that they don't have a mo- nopoly on," said K.C. Branch, an attorney representing Clos LaChance. The front label of Mom- myJuice features a drawing of a woman juggling a house, teddy bear, and computer. The back la- bel advises moms to "tuck your kids into bed, sit down, and have a glass of MommyJuice. Because you deserve it." The front label of Mommy's Time Out shows an empty chair facing a corner. A wine bottle and glass sit on a table next to the chair. Trademark conflicts between winemakers are relatively com- mon, said Richard Mendelson, a California vintner who teach- es a course on wine law at Boalt Hall School of Law in Berke- ley. "For a wine coming out to market, it's hard to find a name that's not in use," he said. — Reuters May 2, 2011 • Law TiMes Bizarre Briefs By Viola James PARENT SEEKS BAN ON HAPPY MEALS SACRAMENTO, Calif. — A lawsuit seeking to stop Mc- Donald's from selling Happy Meals must be dismissed be- cause parents can always pro- hibit their children from eating them, the company said in a court filing. The lawsuit claims McDon- ald's unfairly uses toys to lure children into its restaurants. The plaintiff, Monet Parham, a Sacramento mother of two, claims the company's advertis- ing violates California's con- sumer protection laws. The Happy Meal has been a huge hit for McDonald's, but lately it has come under fire from public health officials, parents, and lawmakers who are frustrated with rising childhood obesity rates and weak anti- obesity efforts from restaurant operators. In the lawsuit, Parham ad- mits she frequently tells her children "no" when they ask for Happy Meals, McDonald's said in a court filing. "She was not misled by any advertising, nor did she rely on any information from McDon- ald's," the company said. Should Parham's lawsuit be allowed, it would spawn a host of other problematic le- gal proceedings, McDonald's said. "In short, advertising to children any product that a child asks for but the parent does not want to buy would constitute an unfair trade practice," the company said. — Reuters PARLIAMENT SLAUGHTERS RAMS BISHKEK, Kyrgyzstan — Members of Kyrgyzstan's divid- ed parliament slaughtered seven rams before their morning ses- sion recently in a sacrifice they hope will banish "evil spirits" disrupting their work. Kyrgyzstan elected a new legislature in October in a bid to build the first parlia- mentary democracy in former Soviet Central Asia, a region otherwise run by authoritar- ian presidents. But the fragile governing coalition has come under threat after weeks of bitter recriminations and disputes in parliament, leading a se- nior government member to resign temporarily. "We decided to resort to popular customs in order for this building not to see blood- shed anymore," MP Mykty- bek Abdyldayev told Reuters after the rams were sacrificed on a green lawn in front of the government headquarters. "We acted like those who light candles or fumigate their homes in order to banish an evil spirit from their conscience," Abdyldayev said. But Ondorush Toktonasy- rov, one of those who led last year's protests that toppled president Kurmanbek Baki- yev, scoffed at the ritual as "a sign of backward mentality." "Deputies have no idea about parliamentary culture," he told Reuters. "This is an official building where the president works, and the par- liament slaughters rams!" — Reuters

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• Contested Elections
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