Law Times

PAGE 16 November 8, 2010 • Law Times Bizarre Intuitive software for wills and powers of attorney. www.doprocess.com ntitled-1 1 The DISBARRED LAWYER COULDN'T GET HELP Toronto lawyer Selwyn Milan McSween has been disbarred for his part in a mortgage fraud. McSween was found to have knowingly assisted in fraudulent transactions on 10 properties that all took place within two years of his call to the bar in 2003. After a contested hearing, McSween said he should be al- lowed to resign because he had acknowledged his ignorance of real estate law and had made attempts to get help from other members of the bar. "I went to other lawyers, se- nior lawyers," he told a Law Society of Upper Canada disci- plinary panel at a penalty hear- ing. "I asked them for help. I wasn't able to get help." But Bencher Ross Murray, writing for the panel, rejected his request. "While we have no doubt that Mr. McSween is remorseful, his case does not raise circumstances that would allow us to simply permit him to surrender his li- cence. Mr. McSween contested the hearing, blamed others, and continues, to an extent, to try to defl ect blame for his actions." McSween was also ordered to pay $10,000 in costs, although counsel for the law society had asked for almost $70,000. Mc- Sween said he could aff ord only $5,000 because child support payments were eating into his $90,000 salary. PROVINCE NAMES TWO NEW JUDGES Th e province has announced two new appointments to the Ontario Court of Justice eff ec- tive Nov. 10. Justice Sheilagh O'Connell will preside in Milton, Ont., af- ter almost 20 years in family law. She was a sole practitioner focus- ing on child protection. In 1999, she joined Legal Aid Ontario, where she served most recently as director of family law services for the Greater Toronto Area. Justice Kevin Sherwood will serve in Simcoe, Ont., following 26 years of practice in criminal law, family law, 11/2/10 8:49:21 AM Inside Story and civil litigation. He was a partner at fi rms in Port Elgin, Ont., before moving into solo practice in 2004. FMC ON THE MOVE Fraser Milner Casgrain LLP has relocated its Toronto offi ce as it continues its corporate re- branding. After 30 years at First Cana- dian Place, the fi rm is making the leap across King Street to the Toronto-Dominion Cen- tre, where it will occupy fl oors two to seven. Th e move follows the launch of its new FMC brand in September. "Moving to our new facility, iconic in Canada and among North America's largest com- mercial centres, is another bold step FMC is taking on its jour- ney of ongoing transformation to achieve our fi rm's vision and long-term strategic goals," said FMC CEO Chris Pinnington. "Th e move is part of our moti- vation to serve and connect with our clients and our people in ways that are relevant and mean- ingful to them, while delivering superior business solutions to our clients' legal challenges." BENNETT JONES TOPS EMPLOYER LIST Bennett Jones LLP has been named one of the 10 best places to work in Canada. Th e fi rm placed eighth in the 2011 best employers in Canada survey conducted by Aon Hewitt for Maclean's and Queen's University School of Business. It's the fi fth consecutive year Bennett Jones has made the top 10 in the survey, which collects information from 134,000 em- ployees at 251 organizations. Gowling Lafl eur Henderson LLP also made the list, coming in 36th overall. "It's all about our people — great people — working togeth- er, doing great things," said Scott Jolliff e, Gowlings' chairman and CEO. LT For more Inside Story, please visit www.lawtimesnews.com. "Bedbugs! If y' can't beat 'em, adopt a proactive approach to leveraging their asset value as junior associates." Get more online lawtimesnews.com • canadianlawyermag.com Fresh Canadian legal news and analysis every week Canadian Lawyer | Law Times | 4Students | InHouse www.lawtimesnews.com Visit Us Online 1-8-5X.indd 1 9/27/10 3:07:58 PM JUROR'S FLIRTS FAIL TO STOP COURT CASE NEW HAVEN, Conn. — A juror's love note to a court offi cer had a judge swearing, but the penalty phase of a murder trial continued nev- ertheless. "Pardon my French, but this was a god---- dumb thing to do," said Judge Jon Blue after learning of the note. Earlier, Blue had to excuse the jury to deal with a mes- sage scrawled on a napkin from the juror to a court of- fi cer. "Sunday 5 p.m. Side Street Grille. Can we?" the note, read aloud by the court clerk, read. According to CBS News, the clerk intercepted the note as the juror gave the napkin to another juror to pass along to the court offi cer. But while a defence lawyer attempted to have the juror dismissed on the grounds the note showed she wasn't paying attention to the evi- dence, Blue said the sentenc- ing could continue as the incident wouldn't aff ect her ability to act as an impartial juror. He also said it wouldn't prevent her from focusing on the matters at hand. Th e court was hearing ar- guments following the con- viction of Steven Hayes, 47, for raping and murdering a mother and her two daughters. Th e jury was considering Briefs By Viola James whether Hayes should get the death penalty or life in prison, CBS News reported. SMOKERS JILTED ONCE AGAIN LONDON, England — La- bour and employment law- yers take note: employers may have new avenues for dismissal as a district coun- cil in eastern England moves to allow staff to take smoke breaks only if they do so off the clock. As a result, smokers will no longer be paid for time spent smoking, Reuters re- ported. "Our fl exible work- ing system allows smokers to take smoking breaks without aff ecting the amount of time spent and this brings fairness for all," said Breckland coun- cil leader William Nunn. But while offi cials say the new policy is going over well, not everyone agrees. Smok- ers' lobby group Forest, for example, is calling the policy "tyrannical." "Many smokers believe having the occasional ciga- rette allows them to refocus," said a Forest spokesman. ACCUSED NEVER TOUCHED VICTIM TAMPA, Fla. — A strange set of circumstances was play- ing out in a Florida court last week as a driver who never hit the deceased victim in a vehicle accident fi nds himself fending off a manslaughter charge. According to the St. Pe- tersburg Times, James Braley allegedly had a blood-alcohol level of 0.219 per cent when he rear-ended a Jeep on Oct. 28, 2007, on Interstate 75. When a second man, Amir Sarhaddi, stopped to help, a third driver crashed into both of them. She, too, had a blood-alcohol level of 0.219 per cent. In the meantime, Sarhaddi died. Th e third driver went to jail, and now Braley fi nds himself facing a driving-under-the- infl uence manslaughter charge for his role in the incident even though his car never made contact with Sarhaddi, the Times reported. Th at's because Florida law allows for convic- tion if someone's intoxication caused or contributed to the cause of death. "As a result of Mr. Bra- ley's actions, Mr. Sarhaddi is dead," said prosecutor Bar- bara Coleman. Braley's lawyer disagrees and says Sarhaddi took his life into his owns hands when he went to help. "He made the decision to leave the safety of his car and run into the middle of one of the busiest roadways in Flori- da," said Rick Giglio. In the meantime, a judge has ruled against a defence motion to tell the jury about Sarhaddi's blood-alcohol level, which was at 0.13 per cent. Jessica Paquette, who had consumed fi ve beers and a shot, has received a fi ve-year jail sentence for her role in the crash. LT

• Cover
• Revising Retainers
• Victim Impacts
• Focus On Family Law