Law Times

PAGE 2 NEWS Pair had no written retainer Continued from page 1 Smith made the same allegation against its new counsel, Warner Bros. was forced to retain another lawyer. Events culminated in a $20-million claim against three judges involved in the case, accusing them of conspiracy and fraud. According to her statement of claim, Baryluk never approved of the action. "In fact, the plaintiff was unaware that an actual lawsuit had been launched un- til it had already been dismissed by the court," the claim alleges. "Th e plaintiff learned about the lawsuit and its dismissal on the Internet." Townley-Smith refuted that claim in her statement of defence, saying Baryluk "not only knew of the action against Jus- tice [Colin] Campbell and others, she gave Ms. Townley-Smith specifi c instructions to 'sue the fuckers.'" Th e suit was eventually dismissed by Justice Charles Hackland, who called the allegations a "scurrilous attack" on the administration of justice. He eventu- ally awarded more than $100,000 in costs against Baryluk, with half to be paid by Townley-Smith. Large portions of Townley-Smith's statement of defence were struck in March this year by Justice Edward Belobaba after a motion by Baryluk's new lawyer, Brian Shiller of Ruby & Shiller, because it re- peated accusations she made against the judicial system in the earlier case. In one passage that was struck out, she claimed the Ontario government has been "orches- trating the coverup of judicial corruption in the Ontario Superior Court of Justice since at least May 2008." "Th e various references in the defen- dant's pleadings to the ongoing coverup of 'judicial corruption' or 'corruption in the court' are, in essence, a relitigation of the 'conspiracy/corruption' issues that were decided by Justice Hackland in 2008 and constitute an abuse of process," Belobaba wrote in his decision on the motion. More than 20 paragraphs were removed from Townley-Smith's defence and her entire counterclaim seeking $1 million in general damages and more than $500,000 in fees when she failed to provide mate- rial facts for her claims. "As a litigator, she should know better," Belobaba wrote. Baryluk parted from Townley-Smith last June and quickly settled with Warner Bros. In her statement of claim, she said she was manipulated into remaining with Townley-Smith. "She was in a vulnerable position because she was held at fi nancial gunpoint by the de- fendant who threatened to invoice her hun- dreds of thousands of dollars if the plaintiff ever terminated her services," according to the claim against Townley-Smith. Th e claim also quoted a letter allegedly written by Townley-Smith after the termi- nation claiming Baryluk was "seeking to screw me by settling with Warner Bros. without me." Th e letter allegedly went on to say that "I hope you can live with the betrayal" and informed Baryluk that she owed more than $450,000 in fees and dis- bursements. In her defence, Townley-Smith admit- ted writing the letter but called it a "re- grettable and informal" expression of how deeply hurt she felt. Th e pair had no written retainer agree- ment, but Townley-Smith says they both agreed she would keep track of her time and, if they achieved a successful settle- ment, she would receive compensation in full on a modest premium. If Baryluk wanted out at any time, all she had to do was ask, according to the defence, and Townley-Smith would "agree to cap her fees at a reasonable amount and give Ms. Baryluk as long as she needed to pay." LT may 31, 2010 • Law Times Litigators a good fit for stage Continued from page 1 The Ontario Municipal Service Directory: A Comprehensive Guide for Real Estate Professionals, 2010 All the municipal services information you need for real estate searches under one cover This handy resource helps you process your real estate transactions more efficiently, saving you time and energy. Published annually, The Ontario Municipal Service Directory: A Comprehensive Guide for Real Estate Professionals, 2010 gives you up-to-date and easily accessible municipal contact information. It includes: • contact information for each municipality • municipal addresses, telephone/fax numbers and email addresses • all registry offices' contact and clearances information • addresses, telephone numbers for conveyancers and/or solicitors • list of clearances including: Tax certificates, water arrears, outstanding work orders and zoning compliance • sheriffs' office addresses and telephone numbers It also includes contact information for various other searches including: • fire safety inspections • utilities • septic disposal system clearances • conservation authorities • municipality-specific listings for Ontario government ministries responsible for land use planning issues, assessments and the Landlord and Tenant Board … and more ORDER your copy today! Perfectbound • March 2010 • One time purchase • $86 • P/C 0517010999 On subscription • $81 • P/C 0517140999 • ISSN 1206-694X one of the fairies. Another member of the fairy band is already inside having mea- surements taken. Milne says the staff at Nightwood have done a great job of fi tting the schedule around the no- toriously busy and unpre- dictable working hours of many lawyers. "It's an extremely well- oiled machine," she says. "Th ey're organized beyond belief. Everything is timed to precision, from rehears- als to costume fi ttings." Although she has no ex- perience with Shakespeare, Milne has enjoyed the silli- ness of A Midsummer Night's Dream, one of the play- wright's comedies. "I've loved the release at the end of the day. It's completely diff erent from practising law," she says, ac- knowledging there have been diffi culties with the choreog- raphy. "I think lawyers are less dancers than they might be orators, so the dancing piece is getting there." Back upstairs in the stu- dio, Lisa Robinson has a re- lease of her own. Th e Davis LLP associate, as the exuber- ant Robin Starveling, leaps into the air, stomping and screaming in high-pitched delight before hugging Pe- ter Quince, the leader of the acting troupe the Mechani- cals in the play. "My part is relatively small, but I have one of the crazier parts in the play," she says. "I run around scream- ing a lot. I don't normally do that, so it's fun to just kind of come and let it all out." Director Kelly Th ornton, who is also Nightwood's ar- tistic director, steps into the scene, nodding her head ap- provingly. Th ornton came up with the idea after seeing success- ful lawyer shows in other parts of the country. "I wanted to make art and raise money at the same time, so we changed from a big gala to doing a lawyer show," she says. At the same time, Th orn- ton says the personality par- allels between actors and lawyers have made her job much easier. "Th eir A-type personalities, their analyti- cal minds, those are all very similar to actors. And when you get litigators, their pre- sentational skills are already up to speed, so it works extremely well. It's kind of acting, coaching, and direc- tion at the same time." LT For a 30-day, no-risk evaluation call: 1.800.565.6967 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 OMSD 1/2 page - 4X.indd 1 3/19/10 12:42:24 PM To see a video of this event, go to www. lawtimesnews.com. W ith Introduction and H by Michael L. Y istorical Linkages oung, LL.B.

• Cover
• Enforcement Powers
• Persuasive Resolutions
• Focus On Criminal Law