Law Times

PAGE 16 July 26, 2010 • law Times Bizarre Seamless practice management and accounting software. ntitled-1 1 www.doprocess.com The NOTED LAW PROFS DIE Daniel Soberman, the last sur- viving founding faculty mem- ber at the Queen's University Faculty of Law, died last week at age 80. In 1957, the constitutional and corporate law expert left Dalhousie University to team up with Alex Corry and Stuart Ryan at the new law school. He later became the faculty's second dean and was awarded an hon- orary doctor of laws at its 2008 spring convocation. During a 42-year academic ca- reer at Queen's, Soberman served as president of the Canadian As- sociation of Law Teachers and conducted influential studies ex- amining academic freedom. Flags on campus were lowered to half- mast as a mark of respect. At the same time, Univer- sity of Windsor law professor John Whiteside died last week, nearly 50 years after helping es- tablish the university. He was on the original board of directors in the early 1960s before joining the law faculty in 1975 after a long career in private practice. In 1990, he was named professor emeritus while continu- ing to teach after his retirement. In 1999, the Law Society of Upper Canada awarded White- side the Law Society Medal for his contribution to the profession. Windsor lawyer Peter Hras- tovec, a former student of White- side's, described his memories of his colleague to the Windsor Star. "[He], to put it very simply, was a giant among lawyers," he said. OBA MAKES TOUGH DECISION The Ontario Bar Association has named Bonnie Tough as the recipient of its 2010 Award for Excellence in Civil Litigation. The lawyer with Tough & Podrebarac LLP was honoured for three decades of outstanding service as a litigator, educator, and advocate for the profession. "Bonnie's skills in oral and written advocacy, her contribu- tions to legal education, and her leadership within the civil litiga- tion bar make her an obvious re- cipient," said Audrey Ramsay of the OBA's civil litigation section. [ Untitled-5 1 7/21/10 8:51:20 AM Inside Story Tough will receive her award on Sept. 29 in Toronto. CALL FOR SCHOLARSHIP APPLICATIONS The Roger Fisher Negotiation Training Scholarship is inviting applications for its 2010 award. The winner will receive free registration for the Become a Powerful Negotiator work- shop, put on by the Stitt Feld Handy Group, that's based on the approaches and theories of the renowned Harvard Uni- versity law professor. The scholarship was created in 2007 as part of the Roger Fisher Tribute held in Toronto and is open to residents of Ontario with an interest in negotiation skills and dispute resolution. "Roger's teachings, and the teachings of those who worked with him, have changed the ap- proach to negotiation and to mediation of people around the world," said Stitt Feld's Allan Stitt. The deadline Aug. 13. OBA UNVEILS NEW BOARD The Ontario Bar Association has unveiled its new board of di- rectors following its annual elec- tions, including the new position of second vice president. President Lee Akazaki is joined by Paul Sweeny of Evans Sweeny Bordin LLP in Hamil- ton, Ont., as first vice president, while Morris Chochla, a part- ner with Toronto firm Forbes Chochla LLP, becomes second vice president. Chochla's new role is de- signed to smooth the annual transition between presidencies, according to outgoing president Carole Brown. Also elected to the board were Douglas Downey as treasurer; Sean Kennedy as secretary; Mar- tha Mackinnon as chairwoman of professional development; Guillermo Schible as chairman of the young lawyers division; and Julia Lefebvre as chairwoman of the student division. LT For more Inside Story, please visit www.lawtimesnews.com. for entry is GREASE STAIN BETRAYS SANDWICH IN PANTS SPARTANBURG, S.C. — It was the grease stain on her pants that foiled a woman ac- cused of hiding a McDonald's sandwich in her clothing. According to WYFF4. com, the woman bought two sandwiches and two small cof- fees, after which she began complaining that employees had shorted her order. In the meantime, she shoved one of the sandwiches down the front of her jeans while claiming the staff owed her a free one. As she became increasingly agitated, the employees called police. Once they arrived, a deputy noticed a large grease stain on the front of her pants. He asked her to step outside, but the woman continued to deny having the sandwich un- til a female officer arrived to search her. It was then that the woman pulled the sandwich out of her pants and put it on the police car. According to the deputy, the woman smelled of alco- hol. Charged with disorderly conduct is Lori Turner. While McDonald's has refunded her money, it has also slapped her with a trespassing order. LAWSUIT SETTLES OVER CHILD'S SCREAMS LOS ANGELES, Calif. — A U.S. tourist and Australian air- line Qantas Airways Ltd. have reached a confidential settlement Briefs By Viola James over a lawsuit alleging that a three-year-old fellow passen- ger left the woman deaf upon boarding a flight last year. Jean Barnard was headed for a vacation in Australia and New Zealand last January when she took her seat beside the child, who allegedly let out a scream so loud that blood erupted from her ears and that left her "stone cold deaf," according to the news web site news.com.au. "The pain was so excruciat- ing that I didn't even know I was deaf," Barnard, 67, said during a deposition for the lawsuit. Since then, she's been bat- tling the airline over claims she suffered permanent injuries as a result, including hearing loss, and damages for physical and mental suffering, medical ex- penses, and impairment of earn- ing capacity. Her lawyer, Brian Lawler, alleged Qantas failed "to take all the necessary precautions to prevent the accident." But the airline countered with claims Barnard had a pre- existing hearing problem before the flight while noting that her injuries, "if any, were caused by the arbitrary and volitional act of a three-year-old child." It also referred to e-mails Barnard allegedly wrote before the trip in which she admitted to wear- ing hearing aids. But last week, the parties reached a confidential settle- ment. Neither of them will comment on it. Before the latest development, Barnard had written that her life "came to an end" on the day of the incident. "I have not been able to work since the 'incident,'" she wrote in an e-mail in May. $2M ATM WITHDRAWALS PROMPT POLICE PROBE WINNIPEG, Man. — It's pretty rare to hear about a $2-million withdrawal from an automated teller machine, particularly those that involve criminal behaviour. In this case, a Winnipeg health centre is dealing with the theft of the massive amount like- ly over 10 years, CTV reported. The Misericordia Health Centre owns the bank ma- chine, which is located by an information desk inside. "In- ternal concerns were raised. And at that point, we hired an external forensic team and they confirmed there was a theft," said the health centre's Heidi Klaschka. Police have been investigat- ing since the hospital contacted them in April, according to CTV. "This person . . . is be- lieved to have some sort of con- nection and responsibility to that ATM or possibly other ac- counts," said Const. Jason Mi- chalyshen. So far, police have made no arrests. The hospital wouldn't comment on reports that an employee in charge of the ma- chine had been fired. It now says it has learned from the incident, but loss prevention experts say it's wise to have two people responsible for stand- alone ATMs to prevent such thefts. Forensic investigator Ron Bylo believes that with proper checks and balances, the thefts at Misericordia could have come to light a long time ago, CTV reported. LT "No, I'm not a member of the Black Bloc and I don't have any gasoline bombs and I'd rather you not smash the state until the limitation argument on the constructive trust issue in the financial services matter and others have been disposed of by the court and any appeal proceedings thereafter. Thank you very much." 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