Law Times

HARPER'S MESS LAWYERS UNCHAINED Firms urged to allow 'pauses in practice' Follow LAW TIMES on www.twitter.com/lawtimes $4.00 • Vol. 25, No. 2 P3 FOCUS ON PM leaves SCC with lots to clean up P6 Real Estate Law l aw TIMes ntitled-4 1 P8 January 13, 2014 12-03-20 10:44 A More than 1,000 clients left scrambling As Heydary files languish, LSUC compensation fund may be on hook BY YAMRI TADDESE Law Times I " n excess of 1,000" former clients of Heydary Hamilton PC are scrambling to manage their files after the law firm's demise, according to the Law Society of Upper Canada. Heydary Hamilton's sole director, Javad Heydary, died in November shortly after leaving the country amidst concerns over missing client funds. Two of Heydary's former clients, Samira and Hassan Abuzour, say they're out $3.6 million held in trust for them by Heydary Hamilton. After Heydary's disappearance, the law society took trusteeship over Heydary Hamilton and is now transferring its client files "in accordance with [the clients'] directions," says law society spokesman Roy Thomas. The law society is also assisting clients affected by the loss of funds from Heydary Hamilton's trust account. "Any clients who are directly affected by the trust account shortages are being advised and provided with information on the process for making claims to the law society's compensation fund," says Thomas. In an e-mail to Law Times, former Heydary Hamilton client Mark Stever said he's one of the many clients who have signed a direction to transfer his file. Following the events surrounding Heydary Hamilton, Stever says he may now have to represent himself in trademark disputes at the Federal Court as well as the Superior Court of Justice. Stever says he paid $70,000 for the initial retainer and an additional $150,000 to see his case through to See Heydary, page 4 A manager at Red Seal Notary says business is ongoing at the company. Photo: Glenn Kauth Epstein, Marrocco touted as potential next chief justice Law Times W A month after retiring from the court, Warren Winkler has joined Arbitration Place. ith former Ontario chief justice Warren Winkler now out of the job for more than a month, some prominent lawyers are making predictions on who will replace him. Toronto lawyer Clayton Ruby thinks Ontario Court of Appeal Justice Gloria Epstein has a good shot at the job. "She's got the experience and she's a woman. It's time for a woman," he says. Personal injury lawyer John McLeish has heard rumours suggesting Superior Court Associate Chief Justice Frank Marrocco will fill Winkler's shoes. Marrocco is "very capable" and one of "the practical guys who get it," says McLeish. Civil litigation lawyer James Morton admits his discussions about the next chief justice with even the most plugged-in judges didn't yield any leads. "I have a feeling this is one that the government is keeping very close to the chest," he says. The appointment may well be a surprise for everyone, he adds. "Historically, they have appointed people who are unexpected. So I wouldn't be surprised if we see somebody from the Superior Court. I wouldn't be surprised if we see somebody from private practice." For whoever gets it, the job won't be easy, lawyers suggest. According to Morton, the next chief justice will face new challenges as some judges are openly criticizing government decisions and the public takes more interest in what they have to say. A good example is the recent judicial resistance to the federal government's victim surcharge rules, says Morton. "That's going to be a challenge the new chief is going to have to face," he says. "Judges are going to be more in the public scrutiny, more than before. There are certainly noises of activist judges from some of the politicians and how to deal with that and maintain Canada's historic respect for judges. . . . That's going to be a challenge." PM #40762529 BY YAMRI TADDESE See Legal, page 4 Recruiting? Post your position on Great rates. Great reach. Great results. Contact Sandy Shutt at sandra.shutt@thomsonreuters.com for details. JobsInLaw 1-8 pg 5X.indd 1 2/15/11 4:12:27 PM

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