Law Times

PAGE 2 NEWS September 28, 2009 • Law timeS 'I've been wrongfully convicted here,' paralegal says Boldt presses on after losing appeal BY ROBERT TODD Law Times bid to have the Ontario Court of Appeal reopen her contempt of court trial on the basis of fresh evidence. "Th ere's been a miscarriage of justice, and I've been wrong- fully convicted here," Maureen Boldt tells Law Times. She says she will now seek an appeal at the Supreme Court of Canada. Boldt was the fi rst person in A Ontario sentenced to house ar- rest for the unauthorized prac- tice of law after her conviction by Ontario Superior Court Justice Patricia Hennessy in February 2007. She received a four-month term and had to pay the Law Society of Upper Canada $35,000 in costs. Hennessy found Boldt, North Bay paralegal is maintaining her inno- cence despite a failed who had been a four-term city councillor, to be in con- tempt of court for breaching a September 2000 permanent injunction that prohibited her from practising law. Th e law society started contempt proceedings against Boldt in 2004, accusing her of preparing separation agree- ments, providing legal advice for those agreements, and of- fering to institute and complete divorce proceedings. Th rough- out the ordeal, she has refuted the allegations against her. At the Court of Appeal last week, she sought to convince justices James MacPherson and Russell Juriansz that fresh evidence from a recent small- claims court decision was enough to merit a fresh look at her conviction. Boldt, in her notice of ap- peal to the court, stated that she was convicted "as a direct Maureen Boldt stands outside the Ontario Court of Appeal after losing her bid to reopen her contempt of court case based on fresh evidence. result of the sole testimony" of Linda Labbe, her former client. In February 2009, said Boldt, the North Bay small-claims court heard new evidence from Labbe and her ex-husband, Frank Lowney. Based on that evidence, said Boldt, "the previous sworn af- fi davit and testimony provided by [Labbe] have been found to be untrue." Citing s. 59.06 (2)(a) of the Rules of Civil Procedure, Boldt sought to introduce the new evidence in hopes of having her case reopened for another hearing. But after a quick deliberation, the judges rejected her appeal. "Th e applicant has an in- fl ated view of the signifi cance of Ms. Labbe's testimony in the subsequent small-claims pro- ceeding," MacPherson wrote in his endorsement. "Th e reality is that the documentary evidence at the trial and the evidence of the witnesses, including expert Starting from $62.50 per month More value for your money! 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While an appeal led the court to order a new trial, in 1998 the two sides struck an agreement that saw Boldt plead guilty to one count of unlawfully acting or practising as a barrister and solicitor and undertake not to off er or deliver unauthorized legal services. In September 2000, Supe- rior Court Justice Michael Bo- lan found that Boldt had in fact been acting as a barrister and solicitor and issued a permanent injunction. It prevented her from preparing separation agreements and petitions for divorce and from off ering services for draft- ing wills and incorporations. In her October 2007 ruling, Hennessy said: "Ms. Boldt re- peatedly and knowingly violat- ed court orders. Th is is extreme- ly serious for someone who in the past has appeared in court, [who] works within the frame- work of the administration of justice, and who regularly makes appearances and submis- sions on behalf of clients before quasi-judicial bodies. Her con- duct is a grave off ence to the court and to the rule of law." Boldt had also sought a Court of Appeal order com- pelling the law society to take steps to restore her reputation. Th at move included a request for the LSUC to publish a series of notices clearing her name in various local and na- tional newspapers and on radio and television stations. Boldt is currently listed as 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. www.lawtimesnews.com Bestcase-reduce costs (LT 1-2x4).indd 1 6/10/09 10:43:32 AM LT0715 a "paralegal candidate" by the law society, a term used for an applicant who worked as a paralegal before the LSUC took over regulation in 2006 and has approval to write a licens- ing exam. However, she faces a good-character hearing. A date for that hearing is expected to be set Oct. 5. LT Photo: Robert Todd

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