Law Times

Law Times • May 27, 2013 Page 3 NEWS Firm sued for $1.5M as just-cause defence withdrawn Former employee 'feels vindicated' but now seeking increased damages for wrongful dismissal BY YAMRI TADDESE Law Times R usonik O'Connor Robbins Ross Gorham & Angelini LLP is now facing an increased claim for $1.5 million in damages for wrongful dismissal after it withdrew a large part of its defence against a former employee who launched a high-profile lawsuit against it. Tracy Francis sued the firm two years ago after it dismissed her for making disparaging comments in an email. She said such e-mails were commonplace among partners at the firm. Francis, who was seeking $85,000 in moral damages, has now raised the amount to $500,000, according to court documents filed last month. She's also seeking $1 million in punitive damages. In 2011, Francis launched a lawsuit alleging improper language and conduct at the firm, which has one of the largest criminal defence teams in the country. None of the allegations have been proven in court. For its part, the firm accused Francis of calling one partner a "tyrant" and a "snivelling bitch" in an e-mail. But in a reply dated July 15, 2011, Francis said: "It was perfectly acceptable within the firm's culture to make these types of comments using the firm's e-mail system." She attached a string of e-mails allegedly sent among employees at the firm to support her claim. The e-mails contained homophobic statements and other personal attacks. The firm had also presented a just-cause defence accusing Francis of breaching confidentiality and spreading privileged information. But in a fresh statement of defence filed last month, the firm was no longer making those allegations. Reid Rusonik, managing partner at the firm, declined to speak to Law Times about the decision to withdraw the just-cause defence. The withdrawal brings the firm's defence down to just two pages from a 17-page document. "I can't tell you what brought this on but I can tell you that Ms. Francis feels vindicated that the defendant has now withdrawn the allegation of just cause and it's no longer an issue," says Francis' counsel, Natalie MacDonald of Rudner MacDonald LLP. "However, the effects of the allegations of just cause which have been levelled at my client are still at issue and, of course, amongst them extraordinary damages," she adds. "Therefore, we're continuing to pursue this matter through the litigation system." According to an affidavit by lawyer Justin Tetreault, who worked with MacDonald on the case, "The proposed fresh as amended statement of defence fundamentally alters the defendant's case, and reduces it to a notice period case." It adds: "After almost two years, the defendant is now seeking to remove its entire defence of just cause, including those very serious allegations relating to breach of confidentiality and inappropriate professional conduct, which the plaintiff has been forced to defend from the inception of this case." According to Francis' revised statement of claim, she spent more than $40,000 defending the just-cause allegations. She's asking the court to decline to grant the amended defence unless she gets compensation for her costs. In the new defence, the firm said it wasn't happy with Francis' performance in the new role she took on in March 2010. The job required her to co-ordinate the firm's articling students and appear for court set dates on occasion, the statement of defence notes. The firm also said in its defence that "the termination of the plaintiff was conducted in a proper manner in accordance with accepted business standards" and that "the plaintiff has not suffered damages claimed or any damages and puts her into proof thereof." In her amended statement of claim, Francis said the defendant had failed to comply with its duty of good faith and fair dealing because there was no explanation at the time of her dismissal. She suggests it terminated her for "the same actions that the partners took, and participated in." Francis also claims that as a law firm, her employer knew or should have known that it had to provide her with a written letter upon her termination "instead of acting in a hostile manner and yelling at the plaintiff, while using profanity." In addition, she accuses the firm of assisting in the publication of "its false allegations, which it knew would harm the plaintiff 's reputation in the small legal community in which she worked." The media attention the case garnered was "distressful and hurtful" to Francis, the statement of claim asserts. She's increasing her moral claim as a result of the withdrawal of the allegations, according to her lawyer. LT Lawyers, theatre 'a match made in heaven' BY YAMRI TADDESE Law Times T here's nothing starkly out of place about the strutting, yelling, and dancing bunch of people inside the Nightwood Theatre's studio in Toronto's Distillery District. But that's only until you find out the thespians are in fact lawyers by profession. When they weren't acting on someone else's behalf during the last few months, about 30 lawyers have been acting on stage. They've spent many hours after work rehearsing lines and moves from William Shakespeare's Twelfth Night, a play they're set to perform as part of the Lawyer Show this June. On a recent Thursday evening, a full day's work didn't seem to have worn out their energy or passion for a twisted and LegalAidOnt_LT_May27_13.indd 1 for the Lawyer hilarious drama Show's debut perabout a love affair. formance a few "I'm playing years ago when Olivia, the countshe started seeing ess. She's part of herself in it. the trio of gender"While I was bending, slightly sitting in the audistar-crossed lovence and watchers," says Keri ing the show, I Bennett, an asthought, 'Why am sociate at Fasken I not doing this?' Martineau Dubecause theatre Moulin LLP. Bennett's career Heather Paterson plays the captain. was something I loved in high started on the stage before her dream of being "a great school and growing up." The next year, Paterson auCanadian actress" took a slightly different turn and landed her in ditioned and became a member of the chorus. She's been coming labour and employment law. For some of the lawyers, the- back every year since and is takatre was a high school interest — ing on a more significant role something that "sort of fell away this time. "I guess because of the presin pursuit of law" — as Heather Paterson, an associate at Shibley sures from work, I never sort of wanted to take on a lead role," Righton, puts it. Paterson was in the audience she says. www.lawtimesnews.com "I was a member of the chorus for two years and wanted to take on something a little more significant. So this year I'm playing the role of the captain and I have some lines and it's been a lot of fun." The show, which will run June 6-8, is a fundraiser for the Nightwood Theatre. The $55 each member of the audience pays to watch the Lawyer Show will go towards its activities. Lawyer shows aren't unique to the Nightwood Theatre, says Kelly Thornton, co-director of the show and the company's artistic director. "In fact, lawyer shows have been done across the country from B.C. to Ottawa. They've been done before as fundraisers." But this is the first time a Toronto company has embarked on putting lawyers on the stage annually, she notes. "About four years ago, I thought about the idea. I thought, well, Nightwood should corner the market on that. So we tried it." The first show, Shakespeare's A Midsummer Night's Dream, saw some 70 lawyers come out to audition. Nightwood cast about 30 of them, says Thornton. "And we've kind of never looked back." As uncommon as it might sound, performance for lawyers isn't all that new, according to Thornton. "The theatre community and the legal community are kind of a match made in heaven," she says. "A lot of them are litigators, so they're actors already. They like to get on stage and perform, so it's been a great partnership." LT For a video story from a recent rehearsal, see lawtimesnews.com. 13-05-21 9:30 AM

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