Law Times

PAGE 16 The Inside Story ASSOCIATION HONOURS LSUC BENCHER Law Society of Upper Canada Bencher Gerald Swaye will pick up the Hamilton Law Associa- tion's Emilius Irving Award at the Hamilton Golf and Country Club on Oct. 27. Th e association awards the honour, named for its fi rst presi- dent, for outstanding service to the legal community by one of its members. LAWYER CAN'T RELITIGATE CONVICTION Th e Law Society of Upper Can- ada has barred Ontario lawyer Robert Martyn from relitigating his fraud conviction in Bermuda at a disciplinary hearing. Martyn received a suspended jail sentence in 2005 following his conviction for conspiring to fraudulently obtain Bermudian status, a form of citizenship in the British overseas territory. Authorities granted him the sta- tus on the strength of doctored birth and marriage certifi cates that falsely traced his family roots to the island. At a hearing this year, his law- yer argued that by relying on the conviction, the LSUC would be denying Martyn, who didn't tes- tify at his trial, the right to defend himself against allegations that he engaged in conduct unbecoming. He also raised concerns about the jury selection process and said Martyn didn't have the choice of a trial by judge alone. But in an Oct. 7 decision, a law society panel held that the conviction and a summary of facts laid out by the Court of Appeal for Bermuda as it dis- missed Martyn's appeal could be relied upon. "Based upon the facts of this case, in the hearing panel's view, it would be an abuse of process to allow relitigation," wrote panel chairman Gerald Swaye, who noted that senior counsel repre- sented Martyn at his criminal tri- al and in his appeals and that the Crown had met a higher burden of proof than would be necessary at a law society hearing. "After re- viewing the Court of Appeal rea- sons in regard to this matter, the hearing panel is satisfi ed that the lawyer was given a fair trial." NEW PROGRAM HELPS OSC RESPONDENTS Unrepresented respondents fac- ing enforcement proceedings at the Ontario Securities Com- mission will now be able to get free legal advice from volunteer lawyers with expertise in the area under a new litigation assistance program. During the one-year pilot, respondents can apply for legal help to get through pre-hearing conferences, settlement confer- ences, and hearings on sanctions and costs. However, the program won't provide complete coverage for an entire proceeding and is subject to counsel availability and confl ict-of-interest screening. Th e program was conceived and developed by James Camp of Gowling Lafl eur Henderson LLP, Gillian Dingle of Torys LLP, and Usman Sheikh of the OSC's enforcement branch. According to the commission, about 70 per cent of respondents are unrepresented. "We welcome this pilot pro- gram and appreciate the eff ort and co-operation demonstrated by the bar and OSC enforce- ment staff in helping to bring this initiative to fruition," said John Stevenson, secretary to the com- mission. BRYANT BOOK SET FOR FALL 2012 Former attorney general Michael Bryant is writing a memoir about his fatal encounter with a cyclist in 2009 and his subsequent jour- ney through the justice system. Th e book, 28 Seconds, is set for release next fall by publisher Pen- guin Canada. Bryant was charged with negligence criminal causing death and dangerous driving af- ter a confrontation with Darcy Sheppard. Th e charges were eventually dropped. "Th ere is an untold story with- in this tragedy, and I wanted to share that story," said Bryant. "It's important to pass along lessons learned regarding our justice sys- tem. I'm ready to speak to these very personal issues." Since the incident, Bryant has left public life to work as a senior adviser at Norton Rose OR LLP. "What really at- tracted me to this book was the unfl inching description of one man's descent into a kind of hell," said Diane Turbide, Pen- guin Canada's publishing di- rector. "He has been humbled by what happened, but more important, wants to rededicate himself to public service and to overhaul the justice system. And he has never lost sight of the fact that a man died." For more Inside Story, please visit www.lawtimesnews.com. DEAL LETS MODELS STRIP AT NIGHT NEW YORK — In a win for free expression, models are free to bare all in public parks at night, a court agreement has determined. Th e news means an artist ar- rested for applying body paint to a nude model in New York's Times Square will have charges against him dropped if his models strip naked only after dark, Reuters reported. According to Reuters, po- lice arrested Andy Golub, 45, in July and charged him with violating public exposure and lewdness laws. He has been painting nude models for about three years. Golub's lawyer, Ronald Kuby, argued that New York laws don't prohibit public nu- dity in the name of art, and a compromise was reached that was the basis of the court rul- ing. Under the agreement, "he is permitted to paint bare breasts any time, anywhere, but the G-strings have to stay on until daylight goes out," Kuby said after a hearing in Manhattan criminal court. State laws against public exposure exempt "any person entertaining or performing in a play, exhibition, show or enter- tainment," Kuby said. Golub, of Nyack, N.Y., said he likes to paint nude models because their bodies have ener- gy and dynamism that he fi nds OcTOber 24, 2011 • Law Times Bizarre lacking in canvas. "I feel that when I do live body painting, it's a good thing, a positive thing," he said. DRUNK FATHER LETS GIRL, 9, DRIVE BROWNSTOWN TOWN- SHIP, Mich. — At least Shawn Russell Weimer knew driving while drunk was a bad idea. Of course, putting your nine-year-old daughter behind the wheel as a solution wasn't so smart. But that's what investigators say happened after surveillance video at a gas station caught Weimer's daughter getting out of the driver's side of a van. According to WXYZ, Weimer also allegedly went in- side the gas station and referred to his daughter as his "designat- ed driver" and "chauff eur." A witness then allegedly saw the van leave the gas station after the young girl got in the driver's seat. But while on the phone with a 911 dispatcher, the witness spoke positively of the girl's driving skills. "She's driving pretty good," the wit- ness said. "I'm telling you, I can't believe it." Offi cers eventually found the girl sitting on a booster seat behind the wheel, WXYZ re- ported. Weimer is now facing several charges, including sec- ond-degree and fourth-degree child abuse. When reached by WXYZ, he said he was wrong for letting the girl drive but noted he's a good father who made a bad decision. Briefs By Viola James MAN ARRESTED FOR POLITICAL POLL SINGAPORE — Tired of Canada's horse-race ap- proach to covering politics? Singapore has an answer to the proliferation of opinion polls. Authorities there have ar- rested a man linked to a pop- ular socio-political web site for conducting an exit poll ahead of the general election in May, the island's leading Sunday newspaper said. Joseph Ong Chor Teck was arrested for off ences under the Parliamentary Elections Act and has since been released on bail pending further inves- tigations, a police spokesman said, confi rming a story in the Sunday Times. Police didn't provide more details. It's an off ence to carry out private polls around an election in Singapore. Th e newspaper said that Ong was linked to Temasek Re- view, a popular web site for po- litical commentary that's mostly critical of the ruling People's Ac- tion Party. Th e site went offl ine about a month ago. Ong was arrested on Sept. 3 for conducting an exit poll during the general election on May 7, said the Sunday Times. Singapore, the Asian base for many banks and multinational companies, gets top rankings as an investment destination and for ease of doing business in in- ternational surveys. But critics say the city-state has few of the outlets for griev- ances normally found in a dem- ocratic society. — Reuters "I'll tell you when I'll redesign my web site. I'll redesign my web site when it stops retaining clients. THAT'S when I'll redesign my web site." Recruiting? Post your position on GREAT RATES. GREAT REACH. GREAT RESULTS. Contact Sandy Shutt at sandra.shutt@thomsonreuters.com for details. www.lawtimesnews.com JobsInLaw 1-8 pg 5X.indd 1 2/15/11 4:12:27 PM

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• Extreme Delay
• Polite Affair
• Focus On Trusts & Estates Law