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August 24, 2009

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TitlePLUS title insurance and you, together we have all the tools TitlePLUS title insurance and you, together we have all the tools. tlePlus_LT_Jan26_09.indd 1 $3.55 • Vol. 20, No. 26 1/20/09 12:14:52 PM Inside This Issue 5 LSUC Honours 6 One Day In 1977 9 Focus On Health/Life Sciences Law Quote of the week "If the government doesn't do something in a major way soon, we will find ourselves with a budget that isn't just 50 per cent taken up with health care but could be 110 per cent." — Samuel Schwartz, managing partner at Toronto office of Davis LLP, See Private, page 13 Covering Ontario's Legal Scene For the Best - Auto, Home, Business, Life or Leisure the experts Insurance Brokers Ltd 416-487-5200 - Or for fast online quotes Since 1962 - Our Goal? Your Financial Security! August 24/31, 2009 uthrie_LT_June29_09.indd 1 6/23/09 9:45:57 AM Forensic scientists put a fox in the henhouse with these findings after scientists recently discovered such evidence can easily be fabricated, says a Toronto criminal defence lawyer. "At the very least there ought to be a cursory review of all DNA cases to see if any of the main players — whether it's from the Crown, including the po- lice, or the defence — had the knowl- edge, access, or the ability to create fake DNA," says Leo Adler of Adler Byten- sky Prutschi, who is a member of the Canadian Society of Forensic Science. He adds cases involving accused who maintain their innocence should get special attention. "This is a very early wake-up call, and I would strongly urge the labs to immediately be able to look into this," says Adler. Scientists from an Israeli life science company that specializes in forensic DNA analysis published the shock- ing finding in the online scientific journal Forensic Science International: Genetics. Their findings show DNA evidence can easily be falsified and planted before officers investigate a crime scene. The scientists are from the company Nucleix Ltd., which has developed DNA evidence can be faked T BY ROBERT TODD Law Times here must be an immediate review of cases where DNA evi- dence helped land a conviction technology to help investigators identify fake DNA. In a release announcing the dis- covery, the company said, "standard molecular biology techniques, such as polymerase chain reaction (PCR), molecular cloning, and more recently available whole genome amplification, enable anyone with basic equipment and limited know-how to synthesize unlimited amounts of artificial (in vitro) DNA with any desired profile." Adler says there have always been concerns that individuals might attempt to "create" forensic evidence. For example, there have been inci- dents of fingerprint forgery, and in the case of wrongfully convicted Guy Paul Morin, an attempt was made to plant a cigarette butt, says Adler. In the O.J. Simpson case, defence lawyers argued evidence was planted, including blood used for DNA evidence. "So it's not unusual to have efforts to get around, or to be able to deal with forensics," says Adler. David Rose of Neuberger Rose LLP, who has written a book on DNA evi- dence, says the test offered by Nucleix is important, and labs should use it. But he says he doesn't believe the finding raises the spectre of wrongful convictions. Contrary to claims from Nucleix, Rose says the scenario pro- posed by the company would require Israeli scientists have shown DNA evidence can easily be falsified and planted before officers investigate a crime scene. See A wake-up, page 2 wo Torys LLP lawyers say they are "disappointed" by Law Society of Upper Canada allegations they failed to guard against conflicts of inter- est in the sale of Conrad Black's Lawyers for Hollinger facing discipline T BY ROBERT TODD Law Times Global Communications corporate Corp. and Osprey Media Holdings Inc. "Ms. DeMerchant and Mr. Su- konick are two highly regarded and accomplished counsel who have always acted ethically and worked within the Rules of Professional Conduct," says a joint statement from lawyers Philip Mr. Sukonick continue to en- joy the support of their firm, Torys, and they appreciate this very much. They look forward to demonstrating that they worked entirely within the law society's rules and then prevailing and accepted professional practices, and countering the allegations at a Ms. DeMerchant and Mr. Sukonick are two highly regarded and accomplished corporate counsel who have always acted ethically and worked within the Rules of Professional Conduct. Hollinger International newspapers. The allegations stem from le- gal services provided by Darren Sukonick, a partner at the firm, and Beth DeMerchant, who is no longer practising, between 2000 and 2003. They relate to the sale of Canadian newspapers to Canwest Campbell of Lockyer Campbell Posner, and Ian Smith of Fenton Smith, who represent DeMerchant and Sukonick respectively. They say their clients are disap- pointed the law society has chosen to pursue these allegations. "Both Ms. DeMerchant and hearing before their colleagues." The law society allegations, out- lined in notices of application in April, include the claim that the lawyers worked on Hollinger's sale of newspaper assets to Canwest, "which included the provision of non-competition covenants and payments in respect of which the interests of two or more of your clients were not aligned." That allegation goes on to sug- gest the lawyers had a solicitor- client relationship with Hollinger and a group of its subsidiaries, as well as recipients of non-competi- tion payments, such as Black and former Hollinger executives Peter Atkinson and John Boultbee. The law society alleges the law- yers were in a conflict of interest on that file with regard to "who was to receive compensation for their non-competition covenant; how much was to be received; what was the true purpose of the non-competition payments; what was required to be publicly disclosed in connection with See Torys, page 2 WHICH DIRECTION IS BEST FOR YOU? 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