Law Times

June 2, 2008

The premier weekly newspaper for the legal profession in Ontario

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PAGE 16 Enabling Lawyers through Technology Tel: 416.322.6111 Toll-free: 1.866.367.7648 Real Estate • Corporate • Estates www doprocess com The Confidential Inside Story TOP 40 UNDER 40 Subrata Bhattacharjee, co-chair- man of Heenan Blaikie LLP's national trade and competition group, has been named as one of the world's Top 40 Under 40 competition lawyers by Global Competition Review. "It is an honour to be named to GCR's list," said Bhattacharjee in a release. "The international aspect of competition law is an important feature, so it feels great to be recog- nized on the world stage." Bhattacharjee is one of only four Canadian lawyers to make the list, which received more than 1,000 nominees. Along with his position with Heenan Blaikie, Bhattacharjee teaches compe- tition law at Dalhousie Law School in Halifax, N.S. WRONGFUL DISMISSALS Concerns over access to justice with expensive wrongful dis- missal claims have sparked re- quests for input by the Ontario Bar Association task force on wrongful dismissal. "Wrongful dismissal suits can be disproportionately lengthy and expensive for employees and for employers," said task force chair- woman Elaine Newman in a re- lease. "Where trials are necessary, we are looking for system improve- ments that will make the court- rooms of Ontario more accessible to workplace litigants." The task force was created in re- sponse to comments made by On- tario Chief Justice Warren Win- kler in his address at the February labour and employment law sec- tion program, "Termination and wrongful dismissal in the 21st century." Winkler raised concerns over the cost of wrongful dismissal litigation and the impact it has on the fair resolution of claims. "People in Ontario are entitled to trials. The question is whether or not they can afford them… It is time to conduct the debate on this question, and to examine what it is about our process for determin- ing wrongful dismissal claims that can be changed or fixed, in order to make justice more accessible." Written submissions on how to improve the resolution process may be sent to Jonathan Clancy, by e-mail at jclancy@oba.org,or by mail to 20 Toronto Street, Suite 300, Toronto, Ontario, M5C 2B8. ANTI-GUN SMUGGLING Attorney General of Ontario Chris Bentley and Community Safety and Correctional Services Minster Rick Bartolucci have is- sued a joint letter to the federal government providing recommen- dations to help curb the flow of guns coming into Canada. "Our government is offer- ing meaningful ways to combat gun violence," said Bartolucci in a release. "We encourage the federal government to do its part by implementing these reasonable suggestions." Along with emphasizing On- tario's stance on a national hand- gun ban, the letter outlines three recommendations aimed at reduc- ing the number of guns entering Canada from the United States. The first is a call for marking of imported firearms when en- tering Canada, allowing police to easily trace guns used in crimes. In addition to gun marking, the letter recommends changes to firearm parts regulations in Can- ada and the addition of federal prosecutors to Ontario's guns and gangs task force. The government says the changes in firearm part regula- tions are aimed at closing loop- holes that are seen to encourage the smuggling of gun frames and receivers across the border, to be later assembled with easily accessi- ble parts into a functional firearm. The addition of federal prosecu- tors to the task force would add assistance in prosecuting drug- related incidences, given that the federal government is responsible for prosecuting drug crimes. $166-MILLION DEAL Ogilvy Renault LLP represented Atrium Innovations Inc. as exter- nal counsel on a recent sale worth over $166 million. Atrium, a company dealing in products for the health and nutri- tion industries, has sold its active ingredients and specialty chemicals division to AXA Private Equity for US$166.4 million. The main office of the division will continue to be based in Quebec City. Completion of the deal is subject to a post-closing work- ing capital adjustment. LT For more Inside Story, please visit www.lawtimesnews.com COPS AND ROBBERS BUST IN ON SAME HOUSE MELBOURNE, Australia — They may have been after cash or some of the illegally growing pot but, either way, two men broke into an illegal grow- op house at the exact same time it was getting busted by police. Armed with search war- rants, police had swooped in the house in Melton, 45 kilometres outside of Melbourne. Around midnight, while the police were still inside, two men in their 20s broke in through a window. They quickly spied the cops and hightailed it out of there. The two were arrested a couple of days later, said Det.-Senior-Sgt. Paul Cassidy. arrested at the pot house. Cassidy Another man in his 20s was said investigations are ongoing but all three have been remanded to appear in court on various charges. NO GOOD COMES FROM NAKED DRIVING FORT PIERCE, Fla. — A couple of wild young kids smoked a doobie, drank some "pop," and then had some cra- zy sex in their car. Sadly, they tried to drive af- ter all of these good times and slammed the car into a pole at the side of the road. Florida police charged an 18-year-old woman with pos- session of marijuana and driv- ing under the influence. Both the driver and her male passen- ger were naked when the cops showed up. JUNE 2, 2008 / LAW TIMES Bizarre Briefs By Viola James The man was not charged but did suffer minor injuries that required a trip to the hospital. DRINKING ON THE JOB MADE ME DO IT BIRMINGHAM, Ala. — Drinking is all part of the job, and it was her employer's fault for letting her leave work drunk that ended in a car crash for stripper Patsy Hamaker. Hamaker's lawsuit, filed in Jefferson County Circuit Court, claims part of her job as a danc- er at The Furnace club in Bir- mingham involved encouraging customers to buy her alcoholic drinks. According to the suit, dancers receive a percentage of drink sales, which can add up to quite a lot. On Oct. 17, 2007 Hamaker's sales were successful enough that she left work "in a highly intoxicated state," ac- cording to her suit. She claims it was manage- ment's negligence, in letting her leave work drunk, that led to the accident that resulted in serious injuries. Hamaker seeks compensa- tion for her injuries and ad- ditional money to punish the club, reports the Birmingham News. WIFE FLEECES LAW FIRM FOR SLOT MACHINE CASH LONDON, England — A lawyer's wife who stole about $157,000 from his law firm to fund her gambling habit will have the next 10 months' behind bars to help break her of the addiction. Susanne Orton, 63, began frittering away her family's sav- ings in 2004, feeding almost $200,000 into the slots at Gala Bingo in Bournemouth. Having burned through her family's nest egg, she had to find another way to support her $200-a-night habit. Orton and her husband both worked for the same law firm. She was a conveyancing as- sistant and he a senior partner. While they were on vacation in Egypt in 2006, the firm noticed some financial irregularities. "When they returned, Mrs. Orton became aware of the in- vestigation and as a result set up a transfer of money to another account to repay £63,000 [Cdn $124,000]," said prosecutor James Patrick. The couple were both arrest- ed, but Mr. Orton was released without charge. He's paid the law firm back all that was taken but has lost his job. Susanne pleaded guilty to four charges of theft and four of false accounting. Her lawyer, Susan Evans, says Orton was a "pathologic gam- bler" who was "utterly appalled" by her behaviour. She said that the stress and long hours of her job led her to seek relief by gam- bling on the fruit machines. On sentencing her, Judge Christopher Harvey Clark said: "The offences involve so much money and took place over such a long period and in- volved such duplicity on your part that the court has no alter- native but to pass a custodial sentence. This is a sad day for you and I'm sorry I've had to pass this sentence." Seen, heard, or been involved in a bizarre brief? Tell Viola James about it at viola.james@gmail .com. LT "I find it highly commendable that you have deciphered the secret code of the mysterious Scroll of Doom, but this is Courtroom Three, Brant County Courthouse, Ontario Superior Court, Justice Gillespie presiding and you'll just have to search elsewhere for the treasure of the Crystal Skull." www.lawtimesnews.com

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