Law Times

June 22, 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. McKELLAR STRUCTURED SETTLEMENTS INC. www.mckellar.com 1-800-265-8381 www.mckellar.com $3.55 • Vol. 20, No. 21 ckellar_LT_Jan14_08.indd 1 1/8/08 3:03:02 PM Inside This Issue 3 Review Process Covering Ontario's Legal Scene tlePlus_LT_Jan26_09.indd 1 Judge left an 'important legacy of jurisprudence' 6 A Criminal Mind lost a "jurisprudential strategic thinker" who had a rare knack for considering the long-term implications of his deci- sions, says Ontario Chief Justice Warren Winkler. "He was a very good writer, and he wrote a number of leading decisions," Winkler tells Law Times. "He was very creative in that respect, and he was really a deep thinker." Winkler notes that Borins had a "huge 8 Focus On Family Law Quote of the week "It's really embarrassing to the legal profession that when we are dealing with questions of natural justice and fairness in the judicial and quasi-judicial forums that our own govern- ing body has been overturned by the courts with respect to the manner in which they did violate this man's rights," — Tracey Tremayne-Lloyd, partner Gardiner Roberts LLP See Igbinosun, page 5 repertoire of practical experience" as a lawyer, judge, and professor of law. That diversity rubbed off on his writings. "When you read what he wrote, it al- ways resounded that it was practical and that he knew what he was talking about in the judicial system, which is always a very good thing. So although he was academic, he was very practical, and he was a very good writer." Borins, 74, previously battled cancer, Borins' death a 'big loss' W BY ROBERT TODD Law Times ith the passing of Ontario Court of Appeal Justice Ste- phen Borins, the province has He moved on to become an associate professor at Osgoode Hall Law School from 1969 to 1975, and served as associate dean from 1972 to 1975. Among a long list of other accomplishments and activities in the profession, Borins was a Law Society of Upper Canada bencher from 1971 to 1975 and co-counsel to the Royal Commis- sion Inquiry into Civil Rights from 1965 to 1971. From 1976 to 1990, he was a part- time faculty member of Osgoode and the University of Toronto's Faculty of Law. Borins was appointed to the County Ontario Court of Appeal Justice Stephen Borins passed away June 13th at the age of 74. says Winkler, but the disease had gone into remission. The judge returned to the court, but about a month before his June 13 death, the cancer returned in the form of leukemia, he says. "It came back very quickly," says Winkler, who adds that Borins' passing will not hamper any ongoing cases he was involved with. "It just was very sudden, and very tragic." Borins was born in Toronto on Oct. 3, 1934. He received his law degree from the University of Toronto in 1959, and was called to the bar in 1961. After clerking for Chief Justice of the High Court of Ontar- io James McRuer from 1961 to 1962, he practised with the firm Croll Borins & Shiff from 1962 to 1969. Court of Ontario in 1975, named a deputy judge of the Supreme Court of the Yukon Territory in 1982, appointed to the District Court of Ontario in 1985, Ontario Court of Justice (General Division) in 1990, and the Ontario Court of Appeal in 1997. Winkler refers to Borins as a "jurispru- dential strategic thinker" who took a long- term view of his decisions. "He thought through to where this le- gal conclusion that he was writing about was going to take the administration of justice," he says. Winkler notes that Borins was his team leader when Winkler was first appointed to the court. The pair had met decades before that, however, with Borins often referring work to Winkler when he was a practising lawyer. The pair often had lunch together in downtown Toronto, frequently chatting about personal matters. "We had a very warm relationship," he says. The chief judge recalls the atmosphere Legal aid boycott expands outside Toronto BY ROBERT TODD Law Times C riminal lawyers' legal aid boycott has expanded outside the Toronto area to other parts of the province, with lawyers in both the Kings- ton and Thunder Bay areas an- nouncing they will not work on serious cases until the province increases funding to the system. "The legal aid program is bro- ken — it has been broken for some 20 years," says Michael Mandel- corn, the regional director for the Criminal Lawyers' Association in the Kingston area. "It's time to have service providers no longer sup- porting the program and having the sufficient funds so we can prop- erly defend clients who are charged with serious criminal matters." Meanwhile, CLA president Frank Addario tells Law Times the association recently met with Attorney General Chris Bentley to discuss their concerns with the legal aid system. But Addario's comments suggest that talk was fruitless, and he would not say if further discussions are planned. Addario says the attorney gen- eral "did meet with our board, and gave us his thoughtful and considered perspective." But he adds, "Unfortunately he was not able to commit at this time to the improvements that are critical to ensuring a sustainable and equitable legal aid system." Lawyers involved in the Kingston-area boycott practise in that city and surrounding areas such as Belleville, Napanee, and Trenton. There are 27 CLA members in that area, with 19 in Kingston alone. Through their boycott, those lawyers will not accept legal aid certificates for cases involving homicides and dangerous offenders. "Kingston is very solidly on board," says Mandelcorn. "The boycott technically is geared for those lawyers with five-plus years of experience. I can tell you that, at least in the Kingston region, nobody who is a member of the CLA has stated that they will take those cases that we are boycotting, regardless of the year of call. "So the support is very strong by the CLA members here." Gil Labine, the CLA's regional director for the Thunder Bay area, which includes much of north- western Ontario, says that area's membership has signed onto an agreement that will see all lawyers with nine years of experience or more refuse legal aid certificates for homicide or gang-related cases. "We've got full co-operation from all of our lawyers, includ- ing lawyers from Manitoba who practise in northwestern On- tario, and we would like to have the issue addressed by the attor- ney general and have him . . . try to work out a fair compensa- tion for legal aid," says Labine. Addario says the boycott in the Thunder Bay area will in- volve 16 of the "most senior lawyers" in that region. Labine says that, "We're all See Lawyers, page 4 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 titleplus.ca June 22, 2009 1/20/09 12:14:52 PM See The court, page 4

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