Law Times

December 12, 2011

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PAGE 16 The Inside Story HAMILTON LAWYER HONOURED Evans Sweeny Bordin LLP se- nior partner John Evans received the fi rst John F. Evans Award of Community Distinction from the United Way of Burlington & Greater Hamilton at a cer- emony on Nov. 28. Evans has handled business- related civil litigation, profession- al negligence, product liability, and personal injury actions for more than 40 years. TORONTO LAWYER'S LICENCE REVOKED Th e Law Society of Upper Can- ada has disbarred Toronto lawyer Paul Slocombe. According to the LSUC, Slo- combe engaged in professional misconduct by failing to pro- vide written representations and documents in regards to two complaints; books and records in relation to four complaints; and a complete response to two complaints. Th e hearing panel found him to be ungovernable. Th e law society has or- dered Slocombe to pay costs of $6,960 within a year. He wasn't represented during the proceedings and wasn't present for them. MCCARTHYS PARTNER AMONG TOP 100 McCarthy Tétrault LLP part- ner Godyne Sibay received the Canada's Most Powerful Women: Top 100 award in the profession- als category from the Women's Executive Network this month. Th e award honours Canada's top achievers in private, public, and not-for-profi t work. "We are absolutely thrilled that Godyne is being honoured in this way," said Marc-André Blanchard, chairman and CEO of McCarthys. Sibay is a partner with Mc- Carthys' real property and project development and infrastructure group. "I have personally benefi tted from the mentorship of other women in my career and I am honoured to have received this award," said Sibay. "Th is acco- lade from the Women's Executive Network inspires me to continue to be a catalyst for change to en- sure that the next generation of women have even greater profes- sional opportunities." LAWYER'S MOTION DISMISSED An Ontario judge has ruled against a lawyer involved in an estates dispute who's seeking to enforce a provision in the settle- ment agreement that would see a woman withdraw her complaint against him to the Law Society of Upper Canada. Th e woman was Sandi Th ompson, one of the ben- efi ciaries of her mother's estate. Th e benefi ciaries delivered a notice of objection after the trustees, including lawyer Wil- liam Martin, began an appli- cation to pass their accounts. Th e parties settled following a pretrial conference on June 14. Th ompson, however, had fi led a complaint with the LSUC against Martin two years ear- lier. But the settlement agreement had a term that the benefi ciaries would provide the trustees with a full release, including all pending and future actions fi led with the law society. According to the Ontario Su- perior Court ruling, Th ompson argued that the provision couldn't stand. Martin, however, said the agreement was valid and enforce- able. "As consideration for the withdrawal, the trustees agreed to a reduction in their claim for compensation and agreed to be responsible for certain legal fees," Justice Th omas Lederer said in reference to Martin's position. In dealing with the matter, Lederer approached it from the perspective of public policy. "It is improper for a person, subject to regulation, to require that a complaint about his or her con- duct be released or withdrawn in exchange for payment or a benefi t, as part of a private settle- ment in a related civil matter," he wrote in Th ompson (Family Trust) on Nov. 30. For his part, Martin's lawyer argued that despite the provision, his client couldn't bind the law society, which would still be free to continue any investigation. Lederer, however, rejected that notion. "In a theoretical world, this might be possible," he wrote. "In the practical world, it is not. It is not just that complaints raise matters that have a broader public interest. It is that, by their nature, these matters are impor- tant and the way we treat them is demonstrative of the signifi cance we give them." As a result, Lederer dis- missed Martin's motion for an order directing Th ompson to comply with the minutes of the settlement. For more Inside Story, please visit www.lawtimesnews.com. REFERENDUM SOUGHT OVER CONDOMS LOS ANGELES — You've got to admire direct democracy in the United States, a place where even public-health issues are subject to referenda. According to Reuters, vot- ers in Los Angeles, home to the U.S. porn industry, could soon be asked to decide whether condoms should be required in adult fi lms to reduce sexually transmitted diseases. Th e AIDS Healthcare Foun- dation said last week it had submitted far more than the required number of signatures on a petition for a public ballot that could go before voters in June 2012. If the signatures are offi cially certifi ed and a vote is held, Los Angeles residents would be asked whether adult fi lm pro- ducers must require the use of condoms on porn sets as a con- dition for getting movie per- mits, Reuters reported. Most major porn companies shoot fi lms without condoms, and some argue that using la- tex prophylactics would take away from the fantasy appeal of their product. Th e multibillion- dollar industry is largely based in Los Angeles, and producers say they might leave if new laws make condom use unavoidable. California offi cials argue that a vote isn't necessary because the porn industry is already covered by workplace rules protecting employees from blood-borne pathogens. Th ey say condoms are December 12, 2011 • Law Times Bizarre required in Briefs By Viola James cases where adult fi lm performers could be exposed to infection. Th e California Division of Occupational Safety and Health has issued more than $125,000 in fi nes against porn producers in the past fi ve years for various violations, but some of those citations are on appeal, according to fi gures from the agency. Th e AIDS Healthcare Foun- dation counters that city offi - cials and the area's public health agency have been slow to crack down on the porn industry. KNIFE ATTACK AT THANKSGIVING TABLE MILWAUKEE — Th is Th anksgiving Day knife attack makes my holiday dinner table look like a scene from a 1950s sitcom. According to Reuters, a Wisconsin man who alleg- edly attacked a fellow guest at a Th anksgiving Day dinner after she ignored his claim to a spe- cifi c chair at the dining table has been charged with attempt- ed homicide. Kendrick Carr, 23, alleg- edly pulled a butcher knife on the woman after she refused to stand up from the chair he said he wanted to sit in, according to the criminal complaint fi led in Racine County Circuit Court. Th e woman defended her- self and was unharmed, accord- ing to the complaint. When the woman de- clined to give up the chair, Carr allegedly began to throw things around his girlfriend's apartment. He then ran into the kitch- en, grabbed the knife, and re- turned to the dining area where he allegedly tried to slash the woman while his girlfriend ran to a neighbour's apartment and called police. In addition to attempted homicide, Carr also faces dis- orderly conduct, criminal dam- age to property, and fi rst-degree reckless endangerment charges, Reuters reported. GUITAR 'TOO EXPENSIVE' FOR GRAVE GREEN BAY, Wis. — A Wis- consin cemetery worker took his apparent love of music to extremes when he stole a guitar from a grave. According to Reuters, the man could spend 10 years in jail after pleading no contest to stealing the electric guitar from a casket. Th e cream-coloured Fender Telecaster was laid upon the body of Randall Jourdan, who wished to be buried with his "pride and joy," the criminal complaint said. Th e guitar was recovered from the suspect's home the next day, Reuters re- ported. "I have to have that guitar. It's too expensive to be in a crypt," Steven Conard allegedly told a groundskeeper at the Al- louez Catholic Cemetery and Chapel Mausoleum near Green Bay where he was working, the complaint said. Jourdan was a guitar player for more than 40 years, family members told investigators. Conard, 40, was accused of stealing the guitar on Sept. 23. He recently entered his plea in court and will be sentenced in January. "And if you reread s. 4, subsection C, you'll fi nd that Mr. Claus is under no obligation, contractual or otherwise, to provide a heartwarming, traditional Christmas cartoon incorporating legal themes for any newspaper in . . . where is it? Canada?" 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

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