Law Times

Page 16 February 4, 2013 Law Times • u The u Bizarre Briefs InsIde story By Viola James TAKING WIFE'S NAME CAUSES LEGAL HEADACHE TALLAHASSEE, Fla. — We should be applauding a man who takes his wife's name rather than punishing him as Florida officials have done. According to Reuters, a newly married south Florida man who opted to take his wife's last name is fighting the state's Department of Motor Vehicles after it suspended his driving licence on grounds of fraud. Real estate investor Lazaro Sopena offered to change his name following his 2011 marriage to Hanh Dinh in order to help his wife's Vietnamese family perpetuate their family surname. Shortly after their marriage, Lazaro Dinh obtained a new passport and social security card and changed his bank account and credit cards before applying to update his driver's licence. "It was an act of love. I have no particular emotional ties to my last name," said Lazaro. His wife, Hanh Dinh, 32, has four sisters and came to the United States in 1990 after a family odyssey involving living in refugee camps and being separated from her father for seven years. According to Reuters, Lazaro received a new licence after presenting his marriage certificate and paying a $20 fee, just as newly married women must do when they adopt their husband's name. More than a year later, he received a letter accusing him of "obtaining a driving licence by fraud" and advising him the department would suspend his licence at the end of the month. "I thought it was a mistake," he said. But when he called the department's office in Tallahassee, he said officials told him he had to go to court first in order to change his name legally, a process that takes several months and has a $400 filing fee. When he explained he was changing his name due to marriage, the response was: "That only works for women." "Apparently the state of Florida clings to the outdated notion that treats women as an extension of a man," said Lazaro's lawyer, Spencer Kuvin, with Cohen & Kuvin in West Palm Beach, Fla. While it was unusual for a man to seek consideration as an extension of his wife, Lazaro's case raised important issues for gay marriage, he noted. "If Lazaro isn't allowed to change his name, what is going to happen when a gay couple seeks a name change?" According to Reuters, Lazaro was looking to appeal an order confirming the suspension. "I don't understand. I'm being treated like a highway criminal," said Lazaro, who noted he has a perfect driving record and is now struggling to carry out his job as he has to beg his wife and friends for rides. As of last week, however, Lazaro won out when the department lifted the suspension. INTERNET DEEMED ESSENTIAL SERVICE KARLSRUHE, Germany — Canadians who love to hate the big telecommunications companies will appreciate this recent German court ruling that declared the Internet an essential service. According to Reuters, a German court has ruled people have the right to claim compensation from service providers for disruptions of their online access because the Internet is an essential part of life. The Federal Court of Justice in Karlsruhe made the ruling after hearing the case of a man who was unable to use his high-speed connection, which also offered a telephone and fax line, for two months from late 2008 to early 2009. He had already received compensation for the cost of having to use a mobile phone but sought redress for not being able to use the Internet. Under German law, compensation is available for the loss of use of essential material items. "The Internet plays a very important role today and affects the private life of an individual in very decisive ways. Therefore, loss of use of the Internet is comparable to the loss of use of a car," a court spokeswoman told Germany's ARD television. LT "Get with the program, dude! The firm's a leader in the use of anti-social media." MCCARTHYS TO SUPPORT NEW INTERNSHIP PROGRAM McCarthy Tétrault LLP is creating a new business law internship program at Osgoode Hall Law School for students looking for practical experience. McCarthys is throwing in $150,000 to create the program that will place up to five students annually at for-profit or non-profit organizations in the summer. Each participating student will receive $10,000. "To create experiential learning opMarc-André Blanchard portunities, the law school needs partners who understand and share our belief that hands-on learning provides a more well-rounded education," said Osgoode dean Lorne Sossin. "Internships do not only that but they also give students financial resources to fund their legal education. We are truly grateful to McCarthy Tétrault LLP for the support and commitment the firm has shown to Osgoode and the ongoing development of our students." So far, placements at FirstService Corp., the Investment Industry Regulatory Organization of Canada, Mount Sinai Hospital, and the Ontario Securities Commission are in the works. Marc-André Blanchard, chairman and chief executive officer of McCarthys, said he spoke to Sossin and "knew this was exactly the kind of innovative programming our firm would want to support." NEW JUDGES, JPS APPOINTED The Ontario government has announced the appointment of two new associate chief justices at the Ontario Court of Justice. Regional senior judges Lise Maisonneuve and Faith Finnestad will begin their new roles later this year. Maisonneuve became a judge of the Ontario Court of Justice in 2003 and has acted as a local administrative judge in Ottawa since 2008. She became regional senior judge for the east region in 2011. She assumes the new role in July as she replaces Associate Chief Justice Peter Griffiths, whose six-year term is ending. Finnestad, meanwhile, joined the Ontario Court of Justice in Toronto in 1995 and became regional senior judge for the Toronto region in 2011. In September, she becomes associate chief justice as well as coordinator of justices of the peace. She replaces current Associate Chief Justice John Andrew Payne in September. Besides the new associate chief justices, the province appointed Crown attorney James Chaffe as a judge of the Ontario Court of Justice in Newmarket, Ont. At the same time, northern Ontario criminal defence lawyer David Gibson becomes a judge in Kenora, Ont. Both appointments are effective this week. In addition, the province has appointed seven justices of the peace. Angelo Enrico Amenta, Samantha Burton, Anna Gibbon, Catherine Helen Henderson, Danalyn Jean MacKinnon, Kelly Visser, and Susan Whelan will join the Ontario Court of Justice effective Feb. 6. CCCA CONFERENCE DETAILS ANNOUNCED The Canadian Corporate Counsel Association has announced details for its national conference in the spring. The theme of the conference will be in-house counsel excellence in the last 25 years. Keynote speakers for the three-day conference in April will include Paula Boggs, past leader of the global law department at Starbucks Coffee Co., and the judge advocate general of the Canadian Forces, Maj.Gen. Blaise Cathcart. The conference will also feature workshops on responding to executive misconduct and managing and protecting privacy and data. Attendees will also receive tips on risk management and business writing. The conference will see the Robert V.A. Jones Award recipient honoured at a gala dinner at the Hilton hotel. The conference takes place April 14-16 in Toronto. LT 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. 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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