Law Times

September 28, 2009

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PAGE 20 WillBuilder Tel: 416.322.6111 Toll-free: 1.866.367.7648 doprocess com ntitled-7 1 The LAWYERS APPOINTED TO WINDSOR BENCH Windsor's Ontario Court of Jus- tice is welcoming a pair of new faces to the bench. Justice Mitch Hoffman, a former assistant Crown at- torney for Essex County, was called to the bar in 1989. He spent time as a bilingual desig- nate, child abuse designate, and hate-crimes designate while working for the Crown. Hoffman also served as the act- ing Crown attorney for both Bruce County and Haldimand County and was the regional Crown liai- son for the provincial joint forces Biker Enforcement Unit. Justice Barry Tobin was a family law and civil litigation practitioner who was called to the bar in 1979. He was a partner with Marcus Tobin until 2002, at which time he moved on to practise with Brown Beattie and O'Donovan LLP. Tobin worked on behalf of clients at all levels of the Ontario courts and has experience repre- senting parties in negotiations and litigation. NEW MASTER Toronto has a new case manage- ment master as Robert Muir moves into the role for the Supe- rior Court of Justice. Muir was called to the bar in 1990 and has practised com- mercial litigation with a concen- tration on construction-related matters such as the design and financing of projects, negotiation of contracts, litigation, and dis- pute resolution. Muir has also acted on insol- vency matters and on behalf of mortgage lenders and other fi- nancial institutions. LAWYER CELEBRATES 60 YEARS OF PRACTICE Highly respected Ottawa lawyer John Nelligan was honoured last week as he marked 60 years since his call to the bar in 1949. The Nelligan O'Brien Payne LLP founding partner has made significant contributions through- out his career and last year served on the Canadian Judicial Coun- cil's Cosgrove inquiry panel. Nelligan is known as "Ottawa's Reinventing the Will www 1/26/09 3:38:37 PM Inside Story Perry Mason," gaining a strong reputation for his humility, wily courtroom presence, and ex- ceptional negotiation skills, his firm said. "Even in the most acrimoni- ous cases, John's civility remains at the forefront," said Nelligan O'Brien Payne managing partner Allan O'Brien. Nelligan received the Law So- ciety Medal in 1991, the Laidlaw Medal for Excellence in Advoca- cy in 1994, and the Advocates' Society Medal in 1995. FEDS RENEW RESEARCH FUNDING Ottawa has pledged to renew York University's Canada Re- search Chair in Law, Commu- nication, and Culture, a move that will allow professor Rose- mary Coombe to continue her groundbreaking work in the field of socio-legal studies. "This CRC renewal pro- vides opportunities for profes- sor Coombe to further develop her leading research in the social and cultural impact of emerging global intellectual and cultural property laws," said York's vice president of research and inno- vation, Stan Shapson. "The CRC program allows York to keep building on its re- search strengths and graduate training in niche social-science areas such as law and society." The announcement comes as part of the government's nearly $160-million invest- ment to fund 181 Canada Re- search Chair positions. "The Canada Research Chairs program helps attract and retain the best researchers from the country and around the world to Canadian universities, which has direct benefits for our com- munities," said Minister of State for Science and Technol- ogy Gary Goodyear. Coombe, who is part of the university's Faculty of Liberal and Professional Studies, is an internationally known scholar and leader in the field of inter- disciplinary approaches to intel- lectual property. LT For more Inside Story, please visit www.lawtimesnews.com. "But officer, the mere fact that I parked here without a permit and that I don't give a damn surely qualifies me as morally handicapped." WHICH DIRECTION IS BEST FOR YOU? RainMaker Group 110 Yonge Street, Suite 1101 Toronto, Ontario M5C 1T4 Untitled-7 1 Tel: 416-863-9543 Fax: 416-863-9757 www.rainmakergroup.ca www.lawtimesnews.com 5/29/08 1:05:49 PM IRISH FIGHTING MISTAKEN TIP INDIANAPOLIS, Ind. — The University of Notre Dame is taking a former caterer to court over an alleged over-tipping incident. Sara Gaspar received the $29,387 tip after catering an event for the school. Now, Notre Dame is taking the woman to court saying the tip should only have been $29.87. However, Gaspar says the money has already been spent. She said in court documents she called the school's cater- ing department three times about the payment but didn't hear back until she received a threatening call from the school in June. Gaspar says by that point, she had spent the money on a new car and bills. Notre Dame contends Gas- par received the generous tip due to a typing error. The school says in a lawsuit that Gaspar didn't notify the school about the error and instead spent the money knowing it wasn't hers. Notre Dame says it found the error in May and requested repayment, but Gaspar refused. The lawsuit accuses her of unjust enrichment, fraud, and conver- sion, claims Gaspar refutes. "If this was a mistake, it was their mistake," Gaspar said. ONE WAY TO MAKE HIM QUIT WAILUKU, Hawaii — A ™ September 28, 2009 • Law timeS Bizarre Briefs By Viola James judge has ordered a 19-year-old Hawaii man whose flicked ciga- rette started a restaurant fire to give up smoking for one year. Makaio Bachman-Majamay of Makawao was originally charged with third-degree ar- son for allegedly igniting the roof of the Wei Wei Bar-BQ Restaurant in Pukalani in July 2008. Bystanders extinguished the fire. Bachman-Majamay pleaded to a reduced charge of third-de- gree criminal property damage. Second Circuit Court Judge Joel August ordered him to do community service and pay a $1,025 fine to fix the roof. He also told the teen not to use to- bacco for a year. "That means no cigarettes," August said. "Perhaps it will add about 10 or 15 years to his life if he stops smoking permanently." DEMAND LETTER RULED EXTORTION MANCHESTER, N.H. — A demand letter threatening liti- gation over hair-salon pricing amounts to extortion, the New Hampshire Supreme Court has ruled. A lawyer sent the letter de- manding monetary payment from a hair salon and threaten- ing litigation over its purport- edly discriminatory practice of setting different rates for men's and women's haircuts. A crucial element in the decision was that the lawyer did not in fact have a client in hand with a potential complaint as an actual customer of the salon. USE THE COURTS, LUKE BANGOR, U.K. — A church leader told to remove his hood in a supermarket is considering legal action saying he was a vic- tim of his beliefs. Daniel Jones, 23, creator and head of the 500,000-member International Church of Jedi- ism, claims he was "victimized over his beliefs" by staff at a su- permarket in Bangor, Wales. Jones said staff ejected him from the store over security fears when he refused to remove his hood. "I told them it was a require- ment of my religion, but they just sniggered and ordered me to leave," says Jones. A spokesman for the Tesco store defended its actions, say- ing, "He hasn't been banned. Jedis are very welcome to shop in our stores, although we would ask them to remove their hoods. "Obi-Wan Kenobi, Yoda, and Luke Skywalker all ap- peared hoodless without ever going over to the Dark Side, and we are only aware of the emperor as one who never re- moved his hood. "If Jedi walk around our stores with their hoods on, they'll miss lots of special of- fers." According to the rules of the Jedi church, members should wear a hood in public places. "You have a choice of wear- ing head wear in your home or at work but you have to wear a cover for your head when you are in public," says Jones, who has made a complaint to Tesco and is seeking legal advice. LT

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