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April 6, 2009

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lAw Times • April 6/13, 2009 Gaertner Tobin merges with Miller Canfield BY ROBERT TODD Law Times ence north of the border with a recently announced merger with Toronto fi rm Gaertner Tobin LLP. "It makes good sense U for Miller Canfi eld to get a critical mass in Toronto," says RainMaker Group president Adam Lepofsky, who helped broker the deal. "And it makes good sense for Gaertner Tobin, who's been looking to grow and build a team here. Th is gives them a greater plat- form to do so." Miller Canfi eld, which expanded into Windsor in 2002 following a merger with Wilson Walker Ho- chberg Slopen LLP, opened an offi ce in Toronto last year. Th e U.S. fi rm engaged RainMaker Group in Feb- ruary of 2008 to help build a Toronto presence, says Lepofsky. With Gaertner Tobin's 10 lawyers now on board, the Toronto offi ce's capac- ity has been broadened in the areas of commercial litigation, labour and em- ployment, real estate, im- migration, and corporate and securities. Th e fi rm now has over 370 lawyers in offi ces across the globe in the U.S., Can- ada, Poland, and China. Arie Gaertner and Den- nis Tobin will join Mill- er Canfi eld as principals through the deal, while Pe- ter Hand and Peter Math join as senior counsel. Oth- er Gaertner Tobin lawyers joining the fi rm include Bruce Baron, Alex Kolan- djian, Jerry Kreindler, and Julia Lee. Miller Canfi eld lawyers Alexander Torgov and An- drew Zinman will round out the new offi ce, which will operate out of Gaert- ner Tobin's existing site in downtown Toronto. "We have been commit- ted to providing our local and international clients with local knowledge and representation in an inter- connected business world," said Tobin, who was a founding partner of Gaert- ner Tobin, in a release. "Th e merger is compel- ling for our clients and the people who work at our fi rm. It will make it easier for us to provide clients with the local, national, and international services they need using the excel- lent capabilities and oppor- tunities available through LT Martins related (LT 1-3x4).indd 1 Martin's Related Criminal Statutes, 2009-2010 Edition A winning combination: Greenspan, Rosenberg, Martin's .S. law fi rm Mill- er Canfi eld has broadened its pres- NEWS Family Court judges warn bill would have 'unintended consequences' A BY ROBERT TODD Law Times group of Ontario family court judges has taken the rare step of weighing in on a political debate, saying proposed child custody reforms in bill 133 would have "unintended conse- quences for the administration of justice." "In the end, a diffi cult process will be made even more diffi cult for the children and families who require custody orders from our court," state the 12 family law judges of the Ontario Court of Justice in a letter issued to Queen's Park's standing com- mittee on social policy. Th e committee is considering the legisla- tion introduced in November 2008. High- lights of the bill include measures to treat breaches of restraining orders as criminal off ences, the introduction of automatic an- nual fi nancial disclosure to cut down on bat- tles over child support, and simplifi cation of rules relating to the division of pensions. Th e family court judges, however, are concerned with clauses in the bill that would alter the handling of custody ap- plications, which aim to prevent a recur- rence of circumstances surrounding the tragic death of Toronto's Katelynn Samp- son. Custody of the seven-year-old girl had been granted to Donna Irving and War- ren Johnson, as her mother felt unable to care for the child due to a drug addiction. Irving and Johnson now face fi rst-degree murder charges. Premier Dalton McGuinty promised to take action after it was revealed that Irving's criminal history for drug use, vio- lence, and prostitution wasn't revealed at the custody hearing. While noting the measures aim to im- prove the process surrounding custody orders, the judges state that the proposals would hinder the administration of justice. "In our view, these sections will be dif- fi cult, expensive, and burdensome to im- plement, if they can be implemented at all," the judges write. "If they are implemented, we believe custody applications will become so complicated, that many applications will be delayed, deferred, or withdrawn." Th ey later state, "Our greatest concern is that, in the end, the family law pro- cess will be less accessible to the people of this province." Th e judges disagree with the notion that they are too busy to put a child's best interests at the forefront in cases. But they said the sys- tem is "critically underpop- ulated by lawyers," which places a burden on judges. Th ey noted that the lack of lawyers is "likely most acute" in the provincial family courts, where less wealthy parties go to deal with their family law issues. "Th ese litigants cannot aff ord lawyers and cannot qualify for legal aid," the judges write. "Th ey cannot aff ord child psycholo- gists, custody assessors, parenting co-ordi- nators, and private mediators." Th e judges point out that in recent years Justice Harvey Brownstone is one of 12 family law judges who weighed in on proposed child custody reforms. a "Th is solution address- es a critical problem in the courts while respect- ing the need for judges to maintain their tradi- tional and crucial role as independent adjudicators in the adversary system," state the judges. "Social workers em- ployed by the Offi ce of the Children's Lawyer have the training, skill, and knowl- edge necessary to conduct such investigations and to provide recommenda- tion to the court." Th e judges suggest that, if bill 133 is ad- opted, it would be up to judges to conduct the investigations "that legal services in Ontario courts have been delivered mainly by duty counsel paid on a per diem basis by legal aid. But they note that "the working poor" don't qualify for that service and go unrepresented, while duty counsel are too busy to off er adequate service to those who are eligible. Th e judges said that they face a major challenge in sifting through relevant facts with unrepresented parties. Th ey suggest that it would be best left to the Offi ce of the Chil- dren's Lawyer to conduct an investigation in custody cases where parties are unrepresent- ed, or when an application is unopposed and judges fear key information is missing. should be done by the trained investigators employed by the Offi ce of the Children's Lawyer." Th e judges go on to suggest that a num- ber of the proposed requirements fail to consider "the facts on the ground" in courts. Th ey suggest a "manifold increase" in duty counsel would be required to assist litigants with the preparation of newly required af- fi davits, fi ling of police record checks, and requests for child protection records. "Th e timeline provided for organizing the information required under these provi- sions will seriously delay cases and frustrate the court's ability to make necessary deci- sions in a timely manner," the judges write. Th ey conclude their 19-page letter stating, "All of these concerns we have raised in this letter suggest to us that if this legislation is im- plemented as drafted, family court will be less accessible to those who require its services." Th e letter was signed by justices Marion Cohen, Geraldine Waldman, John Kuku- rin, Harvey Brownstone, Wendy Malcolm, Marc Bode, Penny Jones, Brian Wea- LT PAGE 3 Tried, Trusted and True! Martin's Related Criminal Statutes, 2009-2010 Edition is fully annotated by two of Canada's preeminent authorities on criminal law. It includes updated statutes and related case law. Thoroughly cross-referenced and updated annually, Martin's Related Criminal Statutes contains a winning combination of insight and information. This latest edition provides annotations for 24 statutes, including: • • • • • • and regulations and regulations … plus more than 2,450 annotations using all relevant reported and unreported decisions delivered before January 2009. Available electronically on CRIMINAL SPECTRUM ORDER your copy today Hardbound • Published May each year • 1,488 pp. • Standing order • $100 P/C 0637140000 • Current edition only • $105 • P/C 0637010000 • ISSN 0710-1805 For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com 4/1/09 11:22:58 AM LT0406 W ith annotations by Edward L. Greenspan, Q.C. and The H non- Criminal Code onourable Justice Marc Rosenberg, Court of Appeal for Ontario Proceeds of Crime (Money Laundering) and Terrorist Financing Act International Transfer of Offenders Act Canada Evidence Act Sex Offender Information Registration Act Seized Property Management Act Security of Information Act

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