Law Times

June 29, 2015

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Page 16 June 29, 2015 • Law Times www.lawtimesnews.com MORE DETAILS ON LAWYER WHO WROTE FAKE ORDERS A disbarred lawyer in hot water for cre- ating fake court orders in his client's fa- vour must now pay $10,000 in costs to the Law Society of Upper Canada. The Law Society Tribunal issued the costs order in its detailed reasons released on June 18 for its decision to disbar Mississauga, Ont., lawyer Brian Nicholson. Besides ordering costs, the reasons shed more light on the facts of Nichol- son's case. According to the reasons, Nicholson misled his clients in five litigation files. The principal client, identified in Law Society of Upper Canada v. Nicholson as R.D., had become a friend of the law- yer while he was at a previous firm. In 2012, Nicholson issued a state- ment of claim on behalf of R.D.'s company in relation to a business dispute but never served it on the defendant or took any other steps to pursue the claim, according to panel chairwoman Susan Opler. After Nicholson told his client the court had granted an injunc- tion in the case, he claimed to have brought a number of contempt motions resulting in orders that the defendant pay R.D.'s company $3 million in damages as well as $3 million in fines. Over a one-year period, Nicholson "forged 13 orders or endorsements of the Supe- rior Court or the Court of Appeal, in the names of six sitting judges," wrote Opler. Other litigation files included a Small Claims Court matter in which Nicholson provided R.D. with a fake statement of defence and a forged endorsement of a judge. He also told R.D. the defendant had failed to adhere to a court order and had gone to jail as a result. "This was untrue," wrote Opler, who noted Nicholson ended up paying his client $25,000 to cover any possible award he might have recovered and reimbursement of legal fees. In a third matter, Nicholson told R.D. he had obtained default judgment in a case alleging a breach of contract and a non-disclosure agreement. According to Opler, he admitted to his client he hadn't taken steps in the matter. In a fourth case, Nicholson told R.D. the other party had admitted negligence and provided him with a fake court order with the signa- ture of a sitting judge, Opler noted. The final case involved an aviation company in which Nicholson told the company he had brought an unopposed motion for sum- mary judgment that resulted in an order in May 2013. The client later learned Nicholson hadn't brought any action. Nicholson charged the client more than $3,600 for his work on an action that never began, according to Opler. In arguing the tribunal should allow him to surrender his licence, Nicholson noted, among other things, that his actions weren't for his personal benefit. He also noted his personal difficulties, R.D.'s "un- realistic expectations," and his fears about a "potentially threatening situation." The panel, however, rejected his request to be able to surrender his licence. "The Lawyer's misconduct profoundly breached the trust that his clients, the legal system and the public had placed in him," wrote Opler. "It could only threaten the public's trust in all lawyers. The public interest, and the need for public confidence in the legal profession, demand that the Lawyer's licence be revoked." GATES-LINKED TRUST FINED OVER MANURE WELLINGTON, Fla. — A $30,000 fine over horse manure seems like a lot of money even with a large discount. According to Reuters, a trust affiliated with billionaire Bill Gates will pay a $30,000 fine over horse manure. But the Microsoft Corp. co-founder will re- ceive the village's standard 80-per-cent discount on the fine, said code compliance manager Steven Koch. Gates bought a $9-million estate in 2013 in the name of Mallet Hill Trust in the equestrian community. Officials cited his property beginning in Janu- ary 2014 for placing an old manure bin too close to a canal and for building a second bin without a permit to replace the old one, said Koch. With as many as 12,000 horses in residence communitywide during the winter season and 100,000 tons of manure produced a year, Koch said the community took proper disposal seri- ously to protect the nearby Everglades National Park and other waterways. Koch said code violation notices went to the address of record but apparently didn't reach the appropriate contact at Gates' trust. Fines began accruing at $250 a day in the summer of 2014, he noted. Koch, who was initially unaware of Gates' af- filiation, said the trust responded in late 2014 only after a reporter figured out who owned the prop- erty and the violation hit the news. KILLER GOLF BALLS CITED AS CONVENTION BREACH CARACAS — Are golf balls fodder for an in- ternational dispute? According to Reuters, a dispute has taken off between Switzerland's ambassador to Venezuela and a neighbouring elite golf club after a banner appeared at the diplomat's residence warning that golf balls injuring or killing anyone inside would violate the Vienna Convention. The large placard, located on the residence's fence near the third of the Caracas Country Club's 18 holes, begins by explaining that the resi- dence is Swiss territory. "Launching balls into this residence is a dan- ger to whoever is within Swiss territory and a violation of the Vienna Convention if a golf ball injures or kills anyone on Swiss soil." Ambassador Sabine Ulmann told Reuters she had nothing to say on the matter. Her residence is in a wealthy area of Caracas alongside the official residences of many other European nations. The private Caracas Country Club itself as one of Venezuela's most elite hangouts. The Venezuelan Federation of Golf said it had read the sign with "astonishment." "We have no fear whatsoever that we are at- tacking Swiss territory should a golf ball land in embassy premises," the statement read. It added that the sign appeared to be a "strange overreaction." Article 30 of the 1961 Vienna Convention on Diplomatic Relations states: "The private resi- dence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission." WOMAN ARRESTED OVER DRUGS IN BREAST IMPLANTS BOGOTA — Breast implants seem like a pretty good place to hide drugs while travelling, but there's no guarantee of success, a Honduran woman has found out. According to Reuters, police arrested a woman carrying more than a kilogram of liquid cocaine in her breast implants at the airport in Bogota. Paola Deyanira Sabillon, 22, was attempting to travel to Spain when her apparent nervousness aroused suspicion in the security line, airport po- lice colonel Diego Rosero told journalists. Authorities said a preliminary investigation showed a recent surgery had taken place on the woman's breasts at a clandestine clinic in the city of Pereira in western Colombia. LT legal expertise? Looking for Find exactly what you need at www.CanadianLawList.com It's fast, It's free, s fa , s f and it's available to you 24 hours a day ay. s available y availabl y Starting a business, making a will or buying a house? Declaring bankruptcy, dealing with a personal injury, insurance claim or job loss? If you're in the midst of one of life's big events, help is as close as your smartphone, tablet or computer. Simply go to www.CanadianLawList.com to find the right lawyer for your particular legal need. www.CanadianLawList.com is Canada's most comprehensive online directory of lawyers and law firms. And it's easy to use! You can search by city, legal specialty, or name for listings and contact information. Find the legal expertise you need at www.CanadianLawList.com. Untitled-3 1 2015-06-22 4:32 PM u Bizarre Briefs By Viola James u The InsIde story POLL RESULTS The results of the latest Law Times online poll are in. According to the poll, 63 per cent of respondents would like to see campaign spending lim- its for candidates in Law Soci- ety of Upper Canada bencher elections. The poll follows a recent let- ter to the editor in Law Times from candidate Jay Chauhan in which he called for spending limits. "The fact that there are no limits placed on campaign spending works in favour of large firms," he wrote. LT An example of one of the fake rulings written by Brian Nicholson "Give me all your money minus the mandatory victim surcharge in case I get convicted."

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