Law Times

March 15, 2010

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Subscribe to Law Times And receive: • Unlimited access to the Law Times digital editions and to our digital edition archives...FREE • Canadian Legal Newswire, a weekly e-newsletter from the editors of Law Times and Canadian Lawyer...FREE A. NEUMAN ASSOCIATES INC. Forensic Accounting & Damage Quantifi cation Specialists Turn Crisis into Opportunity IFAccountant.com (416) 223-5991 earlug.indd 1 $3.55 • Vol. 21, No. 9 11/10/09 11:20:32 AM Inside This Issue 2 New Dean At Osgoode 6 Great Canadian Libel Cases 9 Focus On Litigation Quote of the week "Now you can't create a will that is bulletproof. I think the law is grey. It's not black and white. Any person who has a fi nancial interest in an estate has the ability to challenge a will." — Rick Bickhram, Hull & Hull LLP, See Looming, page 10 awyers and law fi rm staff in the Bay Street corridor may get a sense of what it feels like to be in a high-security zone when the G20 summit comes to the Metro Toronto Convention Centre this June. It's an issue that has law fi rms talking. "Th e police have told us that they don't anticipate shutting down the security zone, but we do want to have business continue and ensure our staff 's safety insofar as protesters are concerned," says Sharon Mitchell, Gowling Lafl eur Henderson LLP's Toronto-based chief operating offi cer. What is known so far is that the RCMP- led G20 integrated security unit, with support from the Canadian Forces, the Ontario Pro- vincial Police, and Toronto and Peel Region police, will establish a downtown security pe- rimeter for the June 26-27 event. What isn't yet known is the perimeter's blueprint. "We appreciate the impact on those who will be inside the perimeter and we will try to ensure that the perimeter is as limited as possible," says Sgt. Leo Monbourquette, the RCMP unit's me- dia relations co-ordinator. Although the City of Toronto indicated it L preferred Exhibition Place on the waterfront as a venue, security offi cials maintain that using the convention centre will produce a smaller secu- rity footprint than more isolated places. Still, the Waterfront Business Improvement Area says police have advised that the zone's northern boundary could reach Queen Street with the east-west area extending from Yonge Street to Spadina Avenue. City Coun. Adam Covering Ontario's Legal Scene ntitled-3 1 Bay Street braces for G20 Security expected to be tight as world leaders meet in Toronto BY JULIUS MELNITZER For Law Times one-quarter of a kilometre, it embraced a less complex neighbourhood. Th e Toronto site, by contrast, is near the Rogers Centre, Union Station, the island airport, the railway lands development and its thousands of residents, and the underground PATH system. Otherwise, Pittsburgh's security featured a pedestrian-only zone accessible from just two checkpoints, an outer car-free area, background checks, identity verifi cation, and metal detectors. "If someone has a legitimate business or residence, they'll have access through an accreditation process," Monbourquette says. "As for customers, clients, and visitors, there will possibly be inconveniences, and we will likely encourage businesses that can do so to go to their clients and customers instead of having meetings at their own premises." For her part, Mitchell says client access is Gowling Lafleur Henderson LLP will encourage lawyers to meet clients elsewhere rather than face security restrictions during the G20 summit, says Sharon Mitchell. Vaughan told the Toronto Star he believes the southern boundary could touch the Gardiner Expressway. Given Pittsburgh's experience at the 2009 G20, these parameters seem realistic. Although that city's perimeter was slightly smaller at three-quarters of a kilometre by not what's foremost on the fi rm's mind. "It's not uncommon for lawyers to go out to meet clients, and we'll encourage them to do so and refrain from inconve- niencing clients by holding meetings at our offi ce," she tells Law Times. "Technology also allows many of our lawyers and staff to work at home these days." But the majority of staff still have to get to the offi ce to keep the fi rm function- ing. To this end, individual building security teams are working with police. "I think we're going to see two levels of ac- creditation: one with respect to approaching the actual site of the summit and a second See Town, page 5 Lawyers targeted in row over expert witness A BY ROBERT TODD Law Times man who says he lost cus- tody of his children due to the testimony of a Whitby, Ont., man who allegedly falsely represented himself as a doctor of psychology in court now wants to hold lawyers and the legal system to account for his ordeal. "I think the lawyers have to be held to a higher standard," says the man, suggesting counsel need to do a better job of screen- ing expert witnesses. "From what I'm seeing, there's no account- ability for lawyers." Th e man, who can't be iden- tifi ed, is among a group of al- leged victims working with To- ronto lawyer George Callahan to investigate the viability of a class action lawsuit after charges were laid against a Whitby man, Gregory Carter, whom police claim falsely identifi ed himself as a doctor of psychology in family court. Callahan says he has spo- ken to about eight people regard- the impact on custody; third of all, the expense," says Callahan. While he has yet to determine the target of such a lawsuit, Cal- lahan suggests it could include two lawyers. He says the civil ac- tion might centre on accusations of "a failure to warn." I think the lawyers have to be held to a higher standard. From what I'm seeing, there's no accountability for lawyers. ing their experiences with Carter, who is classifi ed as a psychologi- cal associate by the College of Psychologists of Ontario. "And the number is rising," he adds. "Th e commonality is, fi rst of all, Gregory Carter; second of all, Tom Dart, past chairman of the Ontario Bar Association's family law section, says the allega- tions Carter faces are "highly un- usual." He adds the charges could have major implications. "Obviously, this person's March 15, 2010 9/28/09 12:30:15 PM qualifi cations are called into question, so that kind of chal- lenges all of the evidence he's put forward to the court and opens up those cases again, I guess, for review," says Dart. "From a lawyer's point of view, I guess it depends on what side you're on. But if you're on the side of the Children's Aid [Society], then naturally you're very con- cerned because you've been rely- ing on that evidence for the fi les that you're handling in addition to going to court and relying on that evidence. So it becomes pretty devastating for them, similarly for parents, obviously, that have been given the opinions that this gentle- man has given." According to Durham Regional See Experts, page 5 WHICH DIRECTION IS BEST FOR YOU? RainMaker Group 110 Yonge Street, Suite 1101 Toronto, Ontario M5C 1T4 Untitled-7 1 Tel: 416-863-9543 Fax: 416-863-9757 www.rainmakergroup.ca www.lawtimesnews.com 5/29/08 1:05:49 PM Click here to subscribe today to LAW TIMES Includes a FREE digital edition! Go to: www.lawtimesnews.com

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