Law Times

January 11, 2010

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Follow on $3.55 • Vol. 21, No. 1 Covering Ontario's Legal Scene Feds battle lawyers over robes Government takes arbitration award to Federal Court BY TIM NAUMETZ For Law Times OTTAWA — Federal lawyers who reached their fi rst contract with the government through arbitration last year are incensed offi cials have gone to court in an attempt to roll back gains for meal allowances, court robe costs, and overtime. Th e Association of Justice Coun- sel, which itself has turned to the Federal Court to amend another as- pect of the arbitration award, came out with all guns blazing in a state- ment to members included in its end-of-year newsletter. Th e article said the federal attor- ney general served notice in early December of the court application on behalf of the Treasury Board. Th e application seeks judicial review over the arbitration award for overtime, travel-time compensation, meal al- lowances while working overtime, and court clothing. Th e association calls the challenge The arbitration award provisions on travel compensation and meal allowances reflect directives covering other civil servants, says Marco Mendicino. on overtime and travel a "deliberate" attempt to "extinguish the one area in which we have the potential for true gains for the membership." But the newsletter goes further with a scathing attack on the challenge over meal allowances and court robes. "Th is is a feeble attempt to be pu- nitive, pure and simple," the newslet- ter said. "Th is is a full-scale attack on the arbitral process and, regrettably, the battle lines have been drawn." Th e association represents roughly 2,700 federal lawyers, whose duties include acting for the government in courts and tribunals; staffi ng le- gal units in a myriad of departments and agencies; acting as counsel for the Public Prosecution Service of Canada; and helping cabinet draft legislation and regulations on a host of issues. Th e arbitration tribunal under the Public Service Labour Relations Act awarded overtime pay in the lower classifi cations of the department's law groups and established a regime of "exceptional leave with pay" of fi ve days or more for senior lawyers required to work "excessive hours." As of May 10, 2010, the new sala- ries range from $59,845 to $85,381 for members of the lowest law group category other than articling stu- dents. In the highest law group cat- egory, lawyers will receive between $155,371 and $189,471. Th e award for travel and meal follow Treasury Board allowances directives covering other public ser- vants, says Marco Mendicino, acting president of the association. Th e clothing allowance requires Treasury Board to reimburse lawyers up to $1,200 for a complete set of court clothing as long as they have not Law society disbars three lawyers BY TIM SHUFELT Law Times yer convicted of sexual exploita- tion of two teenage sisters, the latest in a string of disbarments in the province. T Although the LSUC tribunal acknowledged that Peter Budd had previously been nothing but a "major, positive contributor to society," he was found in a trial in London, Ont., to have exploited two vulnerable young people, the ruling last month said. "For a lawyer to take advan- tage of that vulnerability is to bring the whole of the legal pro- fession into disrepute," Th omas he Law Society of Upper Canada has revoked the licence of a Toronto law- Heintzman wrote on behalf of the hearing panel. In 2006, Budd, a prominent energy and environmental law- yer, was found guilty of having sexual relationships with two sisters with whom he was in a position of trust and authority. Th ey were between the ages of 14 and 18. Budd was cleared of charges stemming from a relationship with a third sister. Th e trial judge believed that all three relationships were consensual, dismissing sexual assault charg- es against Budd. In the late 1990s, the father TitlePlus_LT_Jan12_09 12/23/08 11:07 AM Page 1 of three "swept into the lives" of the mother and three daughters who "were wowed by this char- ismatic, exuberant, high-energy, generous, big-city law- yer, his fi nancial and career success, and his partying lifestyle," Su- perior Court Justice David Little said. Budd then became a friend and confi dant to the family, attending family functions and hiring the girls as em- ployees. "He introduced the daughters to big-city life. And he slept with all of them when they were over 14 and not yet 18," the ruling said. Budd was in his early 40s at the time of the off ences. Over a period of a few years, Budd maintained sexual rela- tionships with each of the three sisters. Together we have all the tools To ensure your clients get the most comprehensive coverage in one title insurance policy, take a look at the TitlePLUS Program , your Bar-related real estate partner! ® ® PROTECTION AS GOOD AS IT GETS 1-800-410-1013 ® TitlePLUS, the TitlePLUS logo, OwnerEXPRESS and LAWPRO are registered trademarks of Lawyers' Professional Indemnity Company. ® BAR-RELATED Mark is a registered Mark of North American Bar Related Title Insurers used by LAWPRO under License. 1 Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO®). Contact LAWPRO for brokers in Saskatchewan, Manitoba, Alberta and Québec. TitlePLUS policies issued with respect to properties in Québec and OwnerEXPRESS® policies do not include legal services coverage. 1 Peter Budd He employed the middle sister, A.D., at his home and cottage and as a receptionist in his law offi ce. She lived in his home for free, and he took her on a trip to England. He also took the other sisters to Walt Disney World and Toronto. According to an agreed statement of facts, in 2004, Budd confessed to the girls' mother, identifi ed as Mrs. D, that he and her middle daughter "were falling in love or something to that eff ect. Th e ac- cused sought Mrs. D's support. She became upset, and when the other daughters were advised of See Lawyer, page 4 See Crowns, page 4 January 11, 2010 ainmaker_LT_June2_08.indd 1 5/28/08 10:43:29 AM Inside This Issue 2 Crying Foul 6 Media Responsibility 8 Focus On Insurance Law Quote of the week "If there aren't web sites that rank lawyers already, there soon will be, and if those lawyers aren't balancing the neg- ative feedback, they're going to be in trouble." — Omar Ha-Redeye law student, University of Western Ontario See Honouring, page 5 Click here to subscribe today to LAW TIMES Photo: Paul Lawrence

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