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August 23, 2010

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PAGE 16 augusT 23, 2010 • Law Times Burleigh County Sheriff's Bizarre #1 Power House application for real estate. www.doprocess.com ntitled-7 1 The Inside Story GROIA FAILS IN BID TO DISMISS LSUC CASE Joe Groia has failed in an attempt to have charges of professional mis- conduct against him dismissed. In a motion heard in March this year, Groia attacked the Law Society of Upper Canada for its vague allegations and inadequate investigation and said the applica- tion against him for alleged incivil- ity in the courtroom threatened the independence of the bar. But Tom Conway, writing for the three-member LSUC disciplin- ary panel in a decision this month, said the issues raised in the case were too important to be deter- mined summarily. He said the case would get to the heart of whether "uncivil conduct can be justified by the duty to defend vigorously a cli- ent's civil rights" and whether the law society's rules infringe on that obligation. "The hearing panel is convinced that these allegations cannot be properly disposed of without the benefit of a full evidentiary record," Conway wrote. The law society issued its appli- cation in November 2009. It dealt with Groia's defence of John Fel- derhof in a matter that had begun a decade earlier. The Ontario Secu- rities Commission moved to have the trial judge removed by alleging he was biased towards Groia, who had savagely attacked the OSC's conduct in the case. The motion was denied, but Groia's conduct was criticized in the decisions, including one by Ontario Court of Appeal Justice Marc Rosenberg. He labelled Groia's conduct "appallingly unre- strained and on occasion unprofes- sional." The law society is now rely- ing on those judgments to support its allegations. CBA URGES TRANSGENDER RIGHTS The Canadian Bar Association is urging the federal government to include attacks on transgendered Canadians in hate crimes and hu- man rights legislation through a resolution passed last week. The resolution received unani- mous approval at the CBA'S an- nual council in Niagara Falls, Ont. "Transgender Canadians [ Untitled-5 1 disproportionately fall victim to hate crimes and yet they are offered no protection under human rights legislation," said Kristine Barr of the CBA's sex- ual orientation and gender iden- tity conference. A private member's bill intro- duced in the House of Commons earlier this year by NDP MP Bill Siksay would explicitly recognize gender identity and gender expres- sion as prohibited grounds for dis- crimination under the Canadian Human Rights Act. HEENAN BLAIKIE LAUDED FOR DESIGN Heenan Blaikie LLP's Toronto office has won an international de- sign award. The firm was one of six recipi- ents of the Shaw Contract Group's 2010 Design Is… Award. The panel of judges recognized the firm's innovative five-floor space at the Bay Adelaide Centre. The awards, created five years ago, received 250 applications from 15 countries around the world. FORMER JAG GETS CBA HONOUR The Canadian Bar Association has awarded its 2010 President's Award to retired brigadier-general Ken Watkin. Watkin recently retired after four years as the judge advocate general of the Canadian Forces. That position was the culmination of a 33-year career in military ser- vice. Watkin was the legal adviser to the inquiry in the 1990s into the actions of Canadian soldiers in Somalia and also served as counsel to inquiries arising from the 1994 genocide in Rwanda. More recently, Watkin was ap- pointed an observer to the Israeli investigation into the Gaza flotilla incident in May. "This award honours his dedica- tion to the core values of the Cana- dian legal profession, his exemplary leadership, and his exceptional mil- itary service," said outgoing CBA president Kevin Carroll. Watkin picked up the award during the CBA's annual confer- ence in Niagara Falls last week. LT For more Inside Story, please visit www.lawtimesnews.com. "I'm sorry, but the 10-year waiting period for pardons as mandated by Bill C-23A does not apply to overdue offences. That'll be $467,000,000,000,000,000,000.75, please." Commercial and Residential Title Insurance Solutions At Stewart Title, we know it's our relationship with our customers that determines our success. That's why service is the foundation of our business and integrity, the keystone in all our dealings. Keeping real estate transactions where they belong – in your office! Call us today at (888) 667-5151 or visit www.stewart.ca. www.lawtimesnews.com 7/19/10 2:39:54 PM ] 7/5/10 3:02:16 PM NO LAUGHING MATTER FAYETTEVILLE, N.C. — Next time, Johnny Montgom- ery will likely do a better job of observing decorum in the courtroom. The 47-year-old was scold- ed by Cumberland County Judge Toni King for chuckling in court while waiting for his case to be heard. Montgomery refused to explain his bout of the giggles, which prompted the judge to send him to jail on a misdemeanour charge, The Associated Press reports. As it turns out, Montgom- ery's outburst may have had something to do with the three grams of crack cocaine police found while searching him as they prepared to take him to jail. He was charged with drug possession. It's unclear when his case — and willpower — will be tested again in court. BALL TOURNAMENT MARRED BY BULLET CARACAS, VENEZUELA — Organizers of the women's baseball World Cup made a bold move and relocated the event away from a military base after a competitor was shot in the leg by a stray bullet. Hong Kong's Cheuk Woon- yee was trotting to her third- base position during the fourth inning of a match against the Netherlands when the bullet struck her left calf. Surgeons at the Fuerte Tiuna military base Briefs By Viola James later removed the bullet. The victim is recovering, but her team has pulled out of the competition, BBC News reports. Organizers hoped to prevent a mass exodus of teams by relocating the event west of Caracas to the city of Maracay. "We're very sorry about [Hong Kong's] decision to pull out but we respect it," remarked Venezuelan Sports Minister Hector Rodriguez. Ironically, the military base is considered one of the safest spots in Caracas. It's also a fre- quent destination for President Hugo Chavez, who often stays overnight at the officers' mess. SEEING IS . . . DELICIOUS? BISMARCK, N.D. — Wil- liam Demery really wanted some time with a chaplain af- ter being booked into the Bur- leigh County Detention Cen- tre. When the request wasn't met within five hours of his arrival at the jail, he decided to create a spectacle by snagging a fellow inmate's $250 glasses and eating them. The 42-year-old was taken to an emergency room after noshing on both lenses and part of the metal frame. He was later deemed fit to return to the jail. Demery is being held in lieu of a $2,500 cash bond on a charge of aggravated assault, the Bismarck Tribune reports. Major Les Witkowski said a report on the incident would be forwarded to the state at- torney's office, where assistant state attorney Lloyd Suhr said he awaits its arrival. "I'll be looking for it — no pun in- tended," he said. DRUNK CRICKETER PUTS FELINE FIRST LONDON, ENGLAND — English cricket star Graeme Swann has employed an expla- nation for driving drunk that's being praised by schoolchil- dren with incomplete math homework from across the globe: he was on a mission to rescue his cat Max, which had become trapped beneath the floor boards. Swann told police he pan- icked upon arriving home at 3 a.m. following his birthday celebrations to find the nine- month-old cat stuck below the floor. He quickly drove to a nearby supermarket to buy screwdrivers to loosen the boards, the Telegraph reports. The 31-year-old was on his way back from the store when police pulled him over. One officer at the scene, Caro- line Voce, said she suspected Swann was a burglar. "He was waving the screwdrivers, say- ing, 'It's not what you think, the screwdrivers aren't for what you think.'" Swann, who was named Eng- lish cricketer of the year in May, was allegedly just over the legal limit. He says the case should be dropped because police didn't follow proper procedures. LT Seen, heard, or been involved in a bizarre brief? Tell Viola James about it at viola.james@gmail. com.

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