Law Times

August 6, 2018

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Page 20 August 6, 2018 • LAw times u Bizarre Briefs By Viola James u The InsIde story BAD COPS, BAD COPS WHATCHA GONNA DO . . . SOUTHPORT, N.C.— All police operations have been suspended in a North Carolina town in the aftermath of public corruption charges levied against its chief and an officer, reports the Associated Press. Southport Mayor Jerry Dove tells WECT- TV that he and the city board asked the Bruns- wick County Sheriff 's Office to assume all law enforcement functions until further notice. Brunswick County District Attorney Jon David said Police Chief Gary Smith and Lt. Mike Sim- mons had a "habitual and repeated pattern" of leaving their police posts for work at a trucking company. They were arrested July 26, the same day multiple search warrants were executed at the police department, town hall and trucking company. The police department's website says six oth- ers make up the force. David says some officers were whistleblowers. All of the officers are on paid administrative leave. BAD DRIVER #1 OTTAWA — The driver of a van who was filmed splashing pedestrians near the Uni- versity of Ottawa has been fired, according to both Ottawa police and the company where he worked, reports the CBC. Dash cam video emerged online of a white Black & McDonald van that appeared to be intentionally veering toward large puddles on King Edward Avenue and soaking people on the sidewalk. The 45-second clip, uploaded to YouTube with a July 27 time stamp, showed the driver splashing three sets of pedestrians. On July 29, Black & McDonald issued an apology on its Facebook page about the "unac- ceptable" incident. "We apologize to everyone impacted by the recent incident in Ottawa of unacceptable driv- ing by one of our van drivers," the contractor said. "This is an isolated incident and the indi- vidual is no longer employed with Black & Mc- Donald." It's not clear yet whether the driver could face criminal charges. BAD DRIVERS #2 AND #3 HYANNIS, Mass. — Massachusetts State Po- lice say a woman and the driver of a tow truck sent to pick up her vehicle were both arrested on drunken driving charges, reports the Associ- ated Press. Fifty-one-year-old Patricia O'Donnell of Marstons Mills had been stopped by a trooper on July 28 and arrested for driving under the inf luence. Then 25-year-old Brandon Fenton was dis- patched by a towing company to pick up her vehicle, but he was also arrested for drunken driving. Police say a Hyannis News journalist saw the truck swerve over the white centre lines and off the right side of the road, almost striking a pole, and recorded it on his dash cam. Both Fenton and O'Donnell will be ar- raigned and have been released on personal re- cognizance. BAD DRIVER #4 NEW YORK — An out-of-control driver veered his Porsche SUV on to a jogging path along the FDR Drive — until he ended up wedging his ve- hicle between the highway retaining wall and a building, officials said July 28, according to the Daily News. The Porsche Cayenne was heading north on the park's jogging path, which runs parallel to the FDR Drive, when he jammed the vehicle be- tween the retaining wall and a building owned by Con Edison inside East River Park near E. 16th St. The driver was apparently trying to avoid traffic on the FDR Drive when he made the risky move. Whoever was behind the wheel abandoned the vehicle and ran off before police could arrive. No arrests have been made. The building he hit was damaged, but no in- juries were reported. LT EMBRYO RULING An Ontario judge has ruled that a Sudbury woman can use an embryo to try to have a child, af- ter a legal battle with her former husband over ownership. In S.H. v. D.H., 2018 ONSC 4506, Justice Robert G.S. Del Frate of the Ontario Superior Court of Justice ruled that a 48-year-old woman, known as D.H., could proceed with having the embryo implanted, after her former husband, known as S.H., objected to her plans for the em- bryo's use. Neither the woman nor the man had a biological connection to any of the embryos, according to the ruling. The former couple had both participated in the creation of the embryos, with donated eggs and sperm they purchased from a U.S. egg bank during their marriage, before they separated in 2012. Four embryos were created, two of which were unviable and de- stroyed. Another embryo was used for the couple to have a son in 2012 — days before they separated — and one embryo was left, which became subject to the legal battle later, with the husband wanting to donate the embryo and the wife wanting to use it to have a child. Dale Brawn, the Sudbury lawyer who represented the woman, says the judge's decision rested on principles of contract law. "[In] his view, the intentions were very clear, so that when it comes to the use of, in this case, a family asset — because he held that the embryo was property and is jointly owned when it comes to the use of the embryo — then simple contract law should prevail," says Brawn. BEACON LAW BECOMES BEYOND LAW A Toronto-based personal in- jury firm led by partners Kate Mazzucco and Josh Nisker has changed its name to Beyond Law from Beacon Law after a dispute with another firm. Nisker says that, from the time the practice opened in Oc- tober 2017, he and Mazzucco wanted to use the blank slate for a non-traditional name. Maz- zucco says the feedback on the new name has been positive. LAKEHEAD SEARCHING FOR NEW DEAN Lakehead University is searching for a dean of the Bora Laskin Faculty of Law and is consulting within the university and with law associations and local and regional Indigenous leadership organizations, ac- cording to a bulletin that was shared with the Lakehead Uni- versity community. In April, former dean An- gelique EagleWoman re- signed after less than two years in the role. She said she felt she was a victim of racism. For- mal nominations for the posi- tion can be sent to Laverne Smith & Associates Inc. at L a kehead L aw@lavernesmit h. com, and input is being sought until Aug. 31. 55 % NO, I DO NOT AGREE YES, I AGREE 45 % LAW TIMES POLL A judge has ruled that the pro- vincial Crown was "overly enthusiastic" when the Crown asked the representative plain- tiff in a proposed class action for detailed records of her finances and her therapy records. Readers were asked if they felt ordering costs against the Crown was ap- propriate. About 45 per cent said yes, the ruling is appropriate, be- cause the actions of the Crown could have created a chilling ef- fect on plaintiffs. About 55 per cent said no, it's important to obtain as much background as possible in the early stages of a motion for certification. LT Genuine © 2017 Stewart. All rights reserved. See policies for full terms and conditions. At Stewart Title, we've worked hard to build a company where integrity is the keystone in all our dealings. With us what you see is what you get — comprehensive title insurance coverage, experienced underwriters and support for your practice. Learn more about our level of support, call (888) 667-5151 or visit Untitled-3 1 2018-07-04 10:44 AM Dale Brawn says a recent Ontario Superior of Justice decision allowing a woman to use an embryo to try to have a child against the wishes of her former husband is the first of its kind in Canada.

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