Law Times

Law Times • December 8, 2008 NEWS Matlow in; Cosgrove . . . out? BY ROBERT TODD Law Times uperior Court Justice Ted Matlow can finally return to the job he dreamed of as a child after a majority of the Ca- nadian Judicial Council ruled his improper decision to sit on a Divi- sional Court panel in 2005 didn't merit his ouster. Meanwhile, an inquiry commit- tee into accusations of misconduct against Ontario Superior Court Jus- tice Paul Cosgrove issued a majority S finding that there are grounds for his removal from judicial office. In the Matlow case, while 17 of the 21 Canadian supe- rior court chief and associ- ate chief justices recommended in a letter to the federal justice minister his judicial career should continue, they lashed him for his behaviour that lead to the inquiry. "After taking into account all relevant materials and factors, it is our opinion that while Justice Mat- low made serious errors of judg- ment which constituted judicial Two new groups deal with Goudge fallout BY ROBERT TODD Law Times two groups designed to deal with the fallout from a report on foren- sic pathology in the province. Former Ontario chief justice T Coulter Osborne will lead a team of legal experts to advise the AG on possible compensation for those affected by the work of disgraced pathologist Dr. Charles Smith. Former Ontario associate chief justice Donald Ebbs will be at the helm of a separate team consisting of legal and medical experts charged with reviewing criminal convictions from "shaken baby" cases. The moves follow the Oc- tober release of Justice Stephen Goudge's blistering report on the province's pediatric forensic pa- thology system. Goudge's report included 169 recommendations and followed months of testimo- ny into the work of Smith, who was found to have made ques- tionable conclusions in 20 of 45 child-death cases reviewed by the Ontario coroner. Courts convict- ed 13 individuals in those cases, and many were family members of the deceased. The government apologized to the families following the report's he Ministry of the Attor- ney General last week an- nounced the creation of release, and committed to con- ducting a wider probe of over 200 shaken-baby cases. "Justice Goudge has given us an excellent road map for prog- ress, and we are following it so that Ontarians who may have been affected by these terrible hu- man tragedies can find the justice they deserve," remarked Attorney General Chris Bentley last week in a prepared statement. "We will take every opportunity to ensure that justice is done." Lawyer Peter Wardle, who represented families at Goudge's inquiry, says he's glad to see the government moving forward on the issue of compensation. "I'm certainly delighted with the composition of the commit- tee," says Wardle. Law Society of Upper Canada Bencher Bonnie Tough, who has experience in compensation issues, and Crown Law Office (civil) counsel Mi- chele Smith, will join Osborne on the compensation team. "Coulter Osborne is a good choice to chair it, and it cer- tainly indicates that the gov- ernment is serious about their commitment to looking at this issue seriously," says Wardle. He added that compensation is the only issue his clients remain in- terested in, following the release of Goudge's report. LT Insurance Our goal?… Your Financial Security! Interested in premium savings, superior protection, and prompt, personal attention for ALL of your Family and Business insurance needs? 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The ruling puts to rest a saga that began in 2006, when City of Toronto solicitor Anna Kinastowski issued a complaint to the CJC re- garding Matlow. She said the judge shouldn't have sat on a three-judge panel in 2005 that unanimously ruled against a city proposal for a streetcar right-of-way on St. Clair Ave., a matter known as the SOS case. Matlow's decisions to hear five other matters involving the city also were questioned. The CJC's decision included a set of orders to Matlow. He must give a number of apologies, includ- ing to Kinastowski and the attorney general; attend a seminar on judicial ethics; and get a "favourable opin- ion" from the Advisory Committee on Judicial Ethics before engaging in any future public debate, and follow the opinion he gets. Matlow's lawyer, Paul Caval- luzzo of Cavalluzzo Hayes Shilton McIntyre & Cornish LLP, says the judge is eager to return to his role as a supernumerary judge, which has been on hold due to the CJC's in- vestigation since April 2007. "Being deprived of his vocation has been very painful for him," says A recent decision returns Justice Ted Matlow back to the bench. Cavalluzzo, who admitted that an inquiry committee recommenda- tion in May that called for Matlow's ouster was "very discouraging." He noted that Matlow hoped to be- come a judge from a young age. Kinastowski alleged that the 26-year veteran judge shouldn't have sat on the SOS panel because he was involved with a community group called Friends of the Village, which had opposed a development project put forth by the City of Toronto and a developer in 1999, known as the Thelma Project. The development was planned for an area near Matlow's home. The inquiry committee led by Newfoundland Chief Justice Clyde Wells submitted a report to the council finding Matlow "incapable of performing the duties of his judi- cial office." The inquiry committee said Matlow should have removed himself from the SOS panel due to his involvement with Friends of the Village, and that he erred by con- tinuing his complaints against the city of Toronto by delivering docu- ments to a Toronto newspaper the day before sitting on the panel. Matlow, 68, issued an apology for his actions to the CJC at a July hearing in which he responded to the committee's findings, and as- sured the council judges that if given another chance, "I'll never give you a reason to regret your decision." Cavalluzzo says the council's de- cision is instructive to the judiciary. "It basically says that judges are like other citizens and can fight city hall, so long as they do it in a way that is compatible with their judicial office," he says. The allegations against Cos- grove stem from his actions in the R v. Elliott murder trial, in which he stayed proceedings in 1999 based on his view that the Crown and police had committed over 150 Charter breaches. Cosgrove now has 30 days to is- sue a written response, and may ask to appear before the full council to make a statement. The CJC would then issue a final recommendation to the minister of justice. LT PAGE 3 We will figure prominently in your next case.

• Cover
• Stays On Bench
• Second Opinion
• Focus On ADR/Mediation