Law Times

PAGE 2 NEWS FEBRUARY 1, 2010 / LAW TIMES Judge tosses 'scurrilous' claims against lawyer Litany of lawsuits among staff at former Toronto firm 'like a Russian doll' BY TIM SHUFELT Law Times A Toronto paralegal who levelled a litany of alle- gations and launched a number of lawsuits against his former boss and others has drawn harsh criticism for what a judge called "scandalous" conduct. In a scathing ruling, a Thunder Bay, Ont., judge condemned the conduct of Domenic Rosso, whom she said had tried to destroy the reputa- tion of his former boss, lawyer Julian Sakinofsky. Superior Court Justice Helen Pierce, in a decision awarding costs last month, specifically condemned Rosso's pleadings and an affidavit that exceeded 40 pages and was teeming with allegations about his former boss' professional behaviour and personal life. "A lawyer's reputation is deli- cate. He or she works a lifetime to establish it. It can be shat- tered in a moment by careless or vengeful pleading, as was attempted in this case," Pierce wrote in 1013952 Ont. Inc. et al v. Sakinofsky et al. The saga began after a claim against Sakinofsky by a former client sparked a bout of infight- ing in which the parties pointed fingers in many different direc- tions, says Gavin Tighe, the law- yer for Joseph Gouveia, a for- mer employee of law firm Lende Sakinofsky & Associates. "It was like a Russian doll," he says. Tighe explains that after a fire at the Silverado Restaurant and Nightclub in Thunder Bay drew the suspicion of its insurance company, the own- ers sued their insurers. That litigation dragged on third-party claim against Rosso, his law clerk, blaming him for dropping the ball on the file. Rosso then sued Gouveia, the firm's articling student and eventual junior associate. Rosso also sued LawPRO as 'It's the most scandalous plead- ing I think I've ever read,' says Gavin Tighe. for more than a year until it was dismissed for delays, according to a recent ruling. So Silverado sued its law- yer, Sakinofsky, for professional negligence. He then launched a Estates titles Wills, Estates & Trusts An easy to use electronic service that keeps you up-to-date with the latest decisions in wills, estates and trusts law. Each month subscribers receive an e-mail bulletin summarizing recent court decisions in the wills, estates and trusts law area. Visit www.canadalawbook.ca to "Access Online Products" for your free trial. Annual subscription price $210 • P/C 0536700999 $18 for each additional recipient Compensation and Duties of Estate Trustees, Guardians and Attorneys Inside you'll find important rules for calculating compensation and you'll gain access to sample accounts as well as precedents and analysis that helps you to understand the law. Looseleaf & binder • $165 • Releases invoiced separately (1-2/yr) • P/C 0142030000 • ISBN 0-88804-435-6 Key Developments in Estates and Trusts Law in Ontario, 2009 Edition This book brings together a team of leading practitioners who provide expert insight into the latest noteworthy developments in estates and trusts law. Hardbound • 176 pp. • Published each June • On subscription $105 • P/C 0241140000 • One time purchase $115 P/C 0241010000 • ISSN 1916-8349 w Mediating Estate Disputes Benefit from clear explanations of the special considerations of mediating estate disputes, including capacity disputes, will challenges and dependants' support claims. Perfectbound • 158 pp. • 2003 • $63 • P/C 0935010000 ISBN 0-88804-406-2 esite in Fb b e O'Brien's Encyclopedia of Forms, Eleventh Edition, Wills and Trusts, Division V Internet version included with your print subscription It is your one-stop source for forms and precedents relating to your estate planning practice. This service includes a collection of legal precedents including entire wills, as well as literally hundreds of clauses to be inserted as required. Looseleaf & binder with Internet access • $207 Releases invoiced separately (1/yr) • P/C 0888030000 ISBN 0-88804-078-8 Ontario Consent & Capacity Legislation This easy-to-use consolidation offers the most thorough collection of laws available. Acts covered here include: and Regulation, Consent and Capacity Rules of Practice plus much more. Perfectbound • 504 pp. • Published July each year Standing order $59 • P/C 0956140000 • Current edition only $69 • P/C 0956010000 • ISSN 1481-3637 Ontario Estates and Trusts Legislation The most comprehensive consolidation of the Acts respecting Ontario estates and trusts law. Key statutes and regulations include: and regulation, and more. Perfectbound • 502 pp. • Published October each year Standing order $54 • P/C 0838140000 Current edition only $64 • P/C 0838010000 • ISSN 1481-3637 Preparation of Wills and Powers of Attorney: First Interview to Final Report, Third Edition Perfectbound with CD-ROM • 350 pp. • 2004 • $94 P/C 0457010003 • ISBN 0-88804-385-6 w esite in Fb b e well as Sakinofsky's new firm. But it was Rosso's counter- claim against Sakinofsky that produced the lurid accusations decried by the court. "It's the most scandalous pleading I think I've ever read," Tighe says. Rosso, according to the plead- ing, made a long list of allegations about his former boss' personal hygiene and work habits, claims Pierce called "scurrilous." "It is reprehensible to make irrelevant and scandalous alle- gations against a lawyer in a public record and to persist in these allegations even when they have been rejected by the court," she wrote. For his part, Gouveia should have reported his boss's alleged behaviour to the Law Society of Upper Canada, Rosso said in his claim. In addition, Gouveia failed in his duty to represent the firm's clients in Sakinofsky's absence, he alleged. As well, Gouveia should have known his boss alleg- edly wasn't attending to the Silverado file as he was required to do, Rosso claimed. Pierce dismissed the argu- ments, ruling Gouveia owed no duty of care to Silverado. Gouveia also had no professional obligation to supervise the con- duct of his boss, she decided. "It would be a surprising result if the most junior, least knowledgeable, and least expe- rienced employee was liable in law for a senior lawyer's errors or omissions on a file," she wrote. As for the accusations of unprofessional behaviour, Tighe argues they were irrelevant to any negligence claims. "Our position was, 'Who cares?'" he says. Pierce agreed, noting Rosso had unnecessarily extended the proceedings. In dismissing the lawsuit against Gouveia, Pierce made the rare decision to grant sub- stantial indemnity costs based on Rosso's conduct. The other cases remain before the courts. Pierce also noted Rosso's law- yer, Hartley Isenberg, had failed to accurately state the evidence regarding the date Gouveia left the firm, a piece of information that was critical to the case. But Isenberg notes the deci- sion for summary judgment is under appeal. "The judge was obviously very tough in her criticism," Isenberg says, arguing Pierce made sub- stantial errors in law. Rosso also sued the firm Sakinofsky went on to work for beginning in November 2001, which he claimed knew about the lawyer's work on the Silverado file and became responsible for its new employee's performance in relation to the old client. In addition, Rosso sued This practical guide offers a comprehensive analysis of estate planning law, from the initial meeting with a client to the conclusion of estate and personal planning. For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. CA092 (LT 1-2x4).indd 1 www.lawtimesnews.com CA092 1/27/10 9:49:02 AM LawPRO, which he claimed was aware of the alleged mis- management of the file. He also argued that although he wasn't named on an insurance policy, he should be "protected" as a member of Sakinofsky's staff. As well, he accused LawPRO of fabricating allegations against him, a claim Pierce dismissed in ruling LawPRO wasn't obligated to consider Rosso's interests. "If it were otherwise, LawPRO would be caught up in a hopeless conflict of interest between the interests of Sakinofsky and those of Rosso," Pierce wrote. "Whom would it favour?" LT Editors: Mary L. MacGregor and Jennifer A. Pfuetzner Consulting Editor: Michael McKelvey Personal H ealth Information Protection Act, 2004 Jennifer J. Jenkins and H . Mark Scott Madam Justice Bonnie Croll and Melanie A. Y ach with contributors Consulting Editor: Ed Esposto Estates Act, H Consent Act, 1996 Act Powers of Attorney ealth Care Mary L. MacGregor Susan A. Easterbrook and Francine A. H erlehy ra r a u r u a r a Vi u r Vi u r r y fo r y fo si t o si t o

• Cover
• Boycott Ends
• Judicial Retirement
• Focus On Family Law/Trusts and Estates