Law Times

November 21, 2011

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PAGE 16 The Inside Story LAWYER SUCCEEDS IN APPEALING DISBARMENT Toronto lawyer David Robert Conway has successfully ap- pealed his disbarment by the Law Society of Upper Canada. Conway, representing him- self in the appeal, lost his li- cence in May following fi nd- ings that he had practised law while suspended between 2007 and 2009. Th e fi ndings involved three separate cases of continuing to practise law while suspended. But on Nov. 9, a panel al- lowed Conway's appeal and set aside and dismissed the fi ndings of misconduct. It also set aside a $5,000 costs award against him. BENNETT JONES TOP EMPLOYER AGAIN Bennett Jones LLP has been named one of Canada's top 50 employers for the 10th year in a row. Th e fi rm received the hon- our after scoring high marks from employees and leaders in the best employers in Canada survey issued by Aon Hewitt. Bennett Jones ranked fi fth on the best employer list for 2012. It's the sixth consecutive year the fi rm has been in the top 10. "Th is year marks a real mile- stone for Bennett Jones as it is our 10th consecutive year as a top 50 employer," said Hugh MacKinnon, chairman and CEO of Bennett Jones. "Our ranking is a testament to the exceptional commitment of our people to both our clients and to each other." Th e list ranked organizations based on confi dential surveys of more than 134,000 employees. "Th ose organizations ranked highest on the list have em- ployee engagement of close to 90 per cent," said Neil Craw- ford, Aon Hewitt's leader of the study. "Th at's an impressive accomplishment, particularly now when many parts of the Canadian economy are showing signs of recovery and employee attraction and retention is be- coming more challenging." JEAN GAGNON JOINS FMC Former Jean Coutu Group Inc. vice president for legal af- fairs Jean Gagnon has moved to Fraser Milner Casgrain LLP to join the fi rm's fran- chise and distribution team in Montreal. In his new position, Gagnon NEW HIRE AT FASKEN MARTINEAU Byron Loeppky has joined Fasken Martineau DuMoulin LLP's mergers-and-acquisitions practice group in Toronto. In his new position, Lo- eppky will work as a partner focusing primarily on private company fi nancing and merg- ers and acquisitions. "We are pleased to welcome Byron to Fasken Martineau," said Martin Denyes, the fi rm's man- aging partner for the Ontario re- gion. "Our M&A practice group is composed of outstanding law- yers and Byron adds value to the practice. We know that our val- ued clients will benefi t from By- ron's insights and expertise." Loeppky previously served as a policy adviser to the minister of fi nance and completed pri- vate equity and mergers-and-ac- quisitions transactions totalling more than $1.5 billion during the last 15 years. For more Inside Story, please visit www.lawtimesnews.com. "About that seller property information statement I fi lled out last week? If you don't mind, I'd like to make a few updates." The title insurer that puts you front row, centre Putting the legal community front and centre has made us the #1 choice with Canadian lawyers for over a decade. Stewart Title does not support programs that reduce or eliminate the lawyer's role in real estate transactions. will serve as counsel and stra- tegic adviser to the fi rm's com- mercial law group. "We are thrilled to have a law- yer of Jean's calibre join the fi rm," said Claude Morency, managing partner of FMC's Montreal of- fi ce. "Th e fi rm's franchise and dis- tribution law group is an indus- try leader in Quebec, and Jean's arrival will strengthen our team's dominant position while enhanc- ing our excellent reputation." Gagnon has worked as a lawyer for more than 35 years in both private practice and the corporate sector. He has also worked as a negotiator, media- tor, and commercial arbitrator. "His broad experience and highly specialized abilities have led him to touch on every aspect of the management and devel- opment of franchise systems and to play a key role in nu- merous complex transactions," said Stéphane Teasdale, head of FMC's national franchise and distribution law section. "With Jean aboard, FMC will maintain its leadership position in franchise law in Quebec and will strengthen its presence in the franchise market in Quebec and other parts of Canada." Gagnon is also one of the founders of the Quebec Fran- chise Council, where he has served as a director, chairman, and governor. THIEVES STOLE WHILE DRIVING KIEV, UKRAINE — Ukrai- nian police have detained three suspected thieves who they say stole goods from trucks as they drove on highways at night. Th e three men, aged 32 to 37, are suspected of involve- ment in about 30 cases of theft in their home Poltava region and neighboring areas, police said in a statement. "A car with a specially rein- forced hood would drive up be- hind a truck moving at 40-50 kilometers per hour," it said. "Standing on the hood, one of the thieves would then open the locks with wire-cutters, get in, and pass the loot over to his accomplice." Police said the gang, which had at least seven cars, was the third of its kind to be busted in the last few years in the region. — Reuters RIGHTS FOR POSTHUMOUSLY CONCEIVED KIDS? WASHINGTON — Th e Su- preme Court said last week it would decide whether chil- dren conceived through in vitro fertilization after the death of their parent were entitled to survivor benefi ts under the Social Security law. Th e justices agreed to hear an appeal by the Obama ad- ministration of a ruling by a U.S. appeals court for a wom- an who seeks benefi ts for her NOVEMBER 21, 2011 • LAW TIMES Bizarre Briefs By Viola James twins conceived by artifi cial insemination after her hus- band's death. At issue in the dispute are new reproductive technologies and the requirements to qualify for child survivor benefi ts un- der the Social Security Act. In its appeal, administra- tion lawyers said the Social Security Administration has received more than 100 ap- plications for survivor ben- efi ts by posthumously con- ceived children and the rate of such applications has in- creased signifi cantly in recent years. Th e case involved Karen Capato, who had sued in fed- eral court in New Jersey after her request for Social Secu- rity benefi ts for her twins had been denied. In 1999, her husband, Robert Capato, deposited sperm at a fertility clinic af- ter being diagnosed with esophageal cancer. He died in March 2002, and his wife then underwent in vitro fer- tilization. She gave birth to twins in September 2003. Th e Social Security Admin- istration has taken the posi- tion that eligibility for benefi ts depends partly on whether the applicable state law would al- low a posthumously conceived child to inherit property in the absence of a will. In the Capato case, the state law at issue bars chil- dren conceived posthumously from inheritance unless they STOLEN ALBUM BACK AFTER 17 YEARS BELFAST — A wedding al- bum that went missing when a caravan was stolen in North- ern Ireland 17 years ago has mysteriously reappeared at the home of its owners. Nigel and Gillian Stewart had long given up hope of seeing their wedding photo- graphs. Th ey were inside the caravan when it was stolen, but the album was left at the gate to their home in a plas- tic bag earlier this month, the BBC reported. "I thought I was seeing things," the BBC quoted Gillian as saying this week. "I was absolutely stunned. Speechless." Th e couple recently cel- ebrated their 25th wedding anniversary and the album's reappearance at their home in Gilford, County Down, has been a revelation for their children. "It's lovely for the children — they only know their dad with grey hair," Gillian joked. She said she was extremely grateful to whoever gave the photographs back and wonders all over again who it was that stole the caravan. Still, she said she bore no grudges. "You needn't be a bit afraid to come forward to me be- cause I bear no grudges. Th e past is the past, the future's the future," she said. "I would just love whoever it was to come forward so I could thank them in person." — Reuters LT are named in a will. Capato's only benefi ciaries named in his will were his wife, their son, and two children from a previous marriage. — Reuters For more information call (888) 667-5151 or visit www.stewart.ca. Untitled-2 1 www.lawtimesnews.com 7/19/11 12:31:45 PM

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