Law Times

July 12, 2010

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PAGE 20 July 12, 2010 • law Times Bizarre #1 Power House application for real estate. www.doprocess.com ntitled-7 1 The Inside Story TORONTO LAWYER DISBARRED Toronto lawyer Fredrick Blake Kenwell has been disbarred by the Law Society of Upper Canada and ordered to pay costs of $15,000. A disciplinary panel found him guilty of misconduct for failing to provide an account of retainer funds for two clients. He also failed, without explanation, to attend a cross-examination of a sworn affi davit in the Ontario Superior Court. In addition, the law society found Kenwell had failed to co- operate with its investigation and that he had ignored previ- ous orders of the hearing panel following his suspension in Feb- ruary 2008. As part of that rul- ing, it ordered Kenwell to pay $5,000 in costs and take part in a practice review and refresher program. Instead, the regula- tor says he changed his contact information and abandoned his practice in April 2008 without taking the appropriate steps to protect his clients. HANEMAAYER FILES LAWSUIT A man convicted of a crime to which Paul Bernardo later con- fessed has fi led a $1.1-million lawsuit against Toronto police, his former lawyer, and Ontario's attorney general. Anthony Hanemaayer was wrongfully convicted in 1989 for break and enter and assault with intent to rape after plead- ing guilty on the advice of his lawyer, Gerry Samulovitch. Hanemaayer received a two- year sentence for the 1987 break-in and attack on a young woman at a Scarborough resi- dence. He denied all knowl- edge of the crime until the vic- tim's mother identifi ed him as the assailant. In 2005, Bernardo informed his own lawyer he had commit- ted the crime, but Hanemaayer alleges the Toronto police de- tectives and the Crown attorney assigned to the case never told him about the development. He claims he only found out later in 2007 from another lawyer involved in a separate wrongful conviction case. COURTCANADA SUES GOVERNMENT FOR $12M CourtCanada Ltd. has fi led a $12-million lawsuit against the Ontario government for its al- leged failure to extend its court scheduling system. Th e company claims the Min- istry of the Attorney General violated an agreement between the two parties by blocking the expansion of CourtCanada's on- line system for court attendance reservations. Th e statement of claim, fi led with the Superior Court of Justice on July 8, also alleges the ministry sabotaged the system in an attempt to jus- tify its decision. Th e government "deliberately and systematically" interfered with the system by deleting records and publishing false information on it, the claim states. None of the allegations have been proven in court. CourtCanada set the system up in October 2007 as part of a pilot project to let lawyers book time in court on a pay-per- use basis without going to the courthouse. A year later, Court- Canada says it won a contract that allowed it to expand the system to all divisions of the civ- il court. But the expansion was delayed in early 2009, and in March 2010, according to the claim, the ministry terminated any further expansion. EDWARDH JOINS ORDER OF CANADA Marlys Edwardh has been named a member of the Order of Canada as part of the newest batch of appointees. According to an entry on the Governor General's web site, Edwardh was recognized "for her contributions as a law- yer and volunteer, notably as a champion of civil liberties and human rights." LT For more Inside Story, please visit www.lawtimesnews.com. CompensationSurvey The Canadian Lawyer 2010 Compensation_survey_BBad.indd 1 "Oh, that's Vladimir. I signed up for extreme liability insurance." Your chance to win a $250 Canada Law Book gift certificate Canadian Lawyer has revamped our much-in-demand compensation survey to include lawyers in law firms as well as corporate legal departments. We are looking for managing partners and the heads of corporate legal 7/5/10 3:02:16 PM SPECIAL HOMEWORK LANDS TEACHER IN JAIL LONDON, Ont. — Th is par- ticular homework assignment defi nitely isn't a part of the des- ignated school curriculum. An award-winning teach- er has been sentenced to six months in prison for sexually assaulting a 14-year-old female student under the pretence of assigning homework. Greg Stewart, 56, had taught at Orchard Park public school for three decades, where he was considered an "inspiration," ac- cording to the Toronto Sun. In January 2009, he overheard the student in question discussing masturbation with a friend. He would later tell a psychiatrist he "didn't know" why this led to him having conversations of a sexual nature with the girl, but that's exactly what he did when he encouraged her to give mas- turbation a try and even rec- ommended some techniques, including the use of a banana and a sex toy. As if that wasn't enough, he also suggested she tell him when she was going to do it so he could masturbate along with her in his home. He called this her "homework." Discussions of this nature went on for two months and came to a head when the girl, while in the classroom with Stewart and another student, was touched in a sexual manner to continue in the role. All it takes is one missed Briefs By Viola James by the teacher. He later apolo- gized, but this didn't stop him from asking her if he could touch her again. At this point, the girl confi ded in another teacher, who confronted Stew- art. His response was that he didn't want his "good career" to end. Th e teacher then went to the principal, who called police. JUSTICE OF THE PEACE MISSES OWN TRIAL DINGWALL, Scotland — It's refreshing to see that in Scot- land, if not everywhere in the world, those in positions of power aren't above the law, not even for a crime as tame as speeding. In the small town of Ding- wall, justice of the peace Henry Dedecker has been removed from offi ce after he failed to at- tend his own trial for a speed- ing off ence. It's the fi rst such removal since 1992. Following Dedecker's fail- ure to appear, the court issued the following statement, ac- cording to Th e Firm magazine: "Mr. Dedecker was convicted after trial of a speeding off ence and of failing without reason- able excuse to attend court as an accused person." Th is led to a tribunal being called, the purpose of which was to deem whether or not Dedecker was fi t to hold offi ce. It decided Dedecker was unfi t court date to put your life in shambles. BABY PHOTOGRAPHED WITH BONG JACKSONVILLE, Fla. — Most people hold their fi rst bong when they're in their teens or early 20s. A Jackson- ville mother apparently wanted her son to get an early start. Child welfare offi cials have launched an investigation after a photograph of an 11-month- old baby clutching a bong ap- peared on Facebook. Th e picture shows the in- fant with his left hand around the neck of the bong, his legs wrapped around the base, and his mouth inside the mouthpiece. In short, it looks like he's using the bong for exactly what it was made for. Th e investigation was launched by the Florida De- partment of Children and Families after the image was sent to WJXT Channel 4, which prompted the 19-year- old mother to voice her dis- pleasure by sending several messages to the broadcaster via Facebook. "If u look at the picture u can see that there is no bowl in the TABACCO pipe," she elo- quently wrote. "I would never ever ever let him get high," she added. Offi cials have visited the family's home twice, and the baby underwent a drug evalua- tion at the hospital. Th e mother went on to say in her messages: "Do you re- alize how serious this is? i can go to jail and he can be taken away from me." LT departments to take a few minutes to fill it out.The results of this survey are unique in Canada and will give readers a perspective on who's earning what across the country. SURVEY CLOSES JULY 14 To complete the survey visit canadianlawyermag.com/surveys www.lawtimesnews.com 6/24/10 10:09:01 AM

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