Law Times

December 6, 2010

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PAGE 20 December 6, 2010 • Law Times Bizarre Intuitive software for wills and powers of attorney. www.doprocess.com ntitled-5 1 The LAWYER HELPED IN $1.5M FRAUD A Toronto lawyer has had his licence revoked for his part in a $1.5-million insurance fraud. Pradeep Bridglal Pachai admitted to taking part in a scheme that saw a senior em- ployee at an insurance company client authorize higher pay- ments to settle litigation than was needed and the two men pocketing the difference. Pachai claimed he was pres- sured into the scheme by Vinti Sansanwal, national claims di- rector at HB Group Insurance Management Ltd., fearing he would cut him off from legal work defending the company, which had become his largest client. Initially, Pachai said he thought the arrangement was for one time only, but between 2005 and 2007, the scam snow- balled, netting the pair $1.5 million from 11 files with the lawyer keeping $675,000 of the spoils for his role. The scheme came crashing down after an anonymous tip led to an investigation and San- sanwal's dismissal. The insurance company then launched a civil action to recover the funds that named Pachai as a defendant. Af- ter he made restitution, the claim against him was dismissed. Close family and four law- yer colleagues acted as character witnesses for Pachai during the hearing. They labelled his actions as being out of character. In the meantime, Pachai asked the Law Society of Upper Canada to im- pose a lengthy ban, but the panel disagreed, noting the mitigating circumstances weren't sufficient "to justify a second chance." "There is no satisfactory expla- nation for his misconduct; it was a self-interested, economic choice which was not forced upon him, even if it was devised and initi- ated by Mr. Sansanwal. Nor was it unavoidable, in the sense that it was out of character because it was caused by a disability, addic- tion or any similar factor," wrote Bencher Raj Anand on behalf of the three-person panel. The panel awarded no costs, [ Untitled-5 1 12/1/10 11:12:42 AM Inside Story noting Pachai had co-operated fully and wouldn't be able to pay since having voluntarily ceased practice in 2008. FORMER CBA PRESIDENT DIES Former Canadian Bar Associa- tion president Claude Thomson has died at home in Toronto. Thomson, who also served as president of the Interna- tional Bar Association, was 77 years old. Thomson was called to the bar in 1958 after graduating from Osgoode Hall Law School and practised for many years as a se- nior litigation partner at Fasken Martineau DuMoulin LLP. According to an obituary in The Globe and Mail, he became a chartered arbitrator recognized internationally for his work in the resolution of complex com- mercial disputes. The Law Soci- ety of Upper Canada recognized Thomson's contribution to the profession in 2005 by awarding him an honorary LLD. CIVIL JUSTICE GROUP MOVES TO YORK The Canadian Forum on Civil Justice is relocating to York Uni- versity from the University of Alberta in Edmonton. The independent non-profit organization, which promotes an accessible and efficient civil jus- tice system, will work with York's Centre for Public Policy and Law and Osgoode Hall Law School from its location at the university's new multidisciplinary research facilities. A multi-year mapping project on legal services in Alberta will wrap up in the new year in advance of the move. "The forum looks forward to the exciting opportunities that partnership with the [centre for public policy] and Osgoode will bring to the forum's capacity to conduct socio-legal research, par- ticularly a proposed new broad- based international collaboration to research the cost of civil justice in Canada," said forum chairman Trevor Farrow. LT For more Inside Story, please visit www.lawtimesnews.com. "Although I might have applied initially for a reassessment of his fees, that was a very forceful victim-impact statement." 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 ] SUSPECTED ROBBER USES POLICE PHONE EUGENE, Ore. — Of all the public telephones in the city, a suspected criminal had to use the one in the police station. The Register-Guard reported that the day after Nathan Alan Bramlage, 23, was suspected of robbing a bank in Oregon, he needed to use the telephone. So he walked into the Eugene police station and used the public phone in the lobby to call his parents. According to The Register- Guard, an officer who had re- viewed the security footage of the bank robbery recognized Bramlage and alerted Det. Ralph Burks. Police followed Bramlage on foot for two blocks before arresting him. Following his arrest, which occurred without incident, Bramlage allegedly told po- lice he didn't think they'd rec- ognize him. SENIOR RESISTS ARREST WITH CANE CALLAWAY, Fla. — I could be wrong but I'm pretty sure this isn't the intended use of a cane. An 84-year-old man has been arrested and charged with disorderly conduct and resisting an officer, the News Herald reported. The incident happened after the Bay Coun- ty sheriff's office in Callaway was called to Callaway Clinic just before 9 p.m. following a dispute between the elderly Briefs By Viola James man and the office manager there. According to the News Herald, the man was removed from the clinic and, once out- side, continued yelling and cursing at the deputy before allegedly hitting him in the stomach with his cane. As the deputy handcuffed the man, he reportedly continued to hit him in the legs with the cane. As if that weren't enough, the man allegedly kept yelling and cursing during the cruiser ride to the local jail and for the dura- tion of his booking process. CAPER ENDS AS STOLEN CAR RUNS OUT OF GAS ALBANY, Ga. — If only he had chosen a car with better fuel economy, a suspect might not be facing charges. According to United Press International, a man in Albany was arrested for auto theft at a gas station after the Nissan Al- tima he allegedly drove through the car dealership's glass doors ran out of fuel. The unfortunate episode began after the man alleg- edly broke into Five Star Nis- san dealership. When the car ran out of gas, the suspect begged the people at the sta- tion for money to fuel up. A bystander called police to the gas station after reporting the suspicious behaviour. As a result, police have arrested Jacory Phillips in connection with the incident. MAN ESCAPES TO DRINK BEER KISSIMMEE, Fla. — We hope the beer was worth several more years in jail. A Florida man who took time from his work release to drink beer with his friends is facing an escape charge, United Press International reported. At the time, Jimmy Davis, 29, was serving a five-year sentence for armed robbery. But according to reports, Davis allegedly left his job to drink beer with friends. He didn't return to the work re- lease centre by dark. "He does stand to lose 274 days of gain time plus the state attorney's office could add several years for escape," said Gretl Plessinger of the Department of Corrections. MAN APPEALS TO PUT PLEDGE ON BEER LOS ANGELES, Calif. — I pledge allegiance to great- tasting beer. That might be what beer drinkers will be doing if a Los Angeles man gets his way. He's appealing the decision of the federal Alcohol and Tobacco Tax and Trade Bureau pre- venting him from using the Pledge of Allegiance on beer labels, according to United Press International. Don Sessions, 75, is the founder of Ol'Glory energy drinks, which is expanding to offer beer products. The bureau told him he can't put the pledge on his beer labels because of a federal statute prohibiting the use of statements or images re- lated to the U.S. flag. Sessions is reportedly pre- pared to take his beer label case to court. LT

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