Law Times

www.lawtimesnews.com Law Times / January 28, 2008 Page 3 A Toronto lawyer was re- cently fined $10,000 by the Law Society of Upper Canada for selling course work to a York University MBA student for "thousands of dollars." Shane Smith was reprimanded by a law society hearing panel last month for conduct unbecoming a student licensee. He was given one year to pay the fine and an additional $1,000 in costs. According to an agreed state- ment of facts, Smith acted con- trary to parts of the Law Society Act when, while he was an artic- ling student, he "provided and sold papers, which he and another student member had researched and written, to M, who was then a student in the MBA program at York University's graduate school of business, with the knowledge that the papers would be sub- mitted to the graduate school of business as M's work." The student who received the course work is not named in the statement of facts. Smith, 31, who currently works for IBM Canada Ltd., was called to the bar in July 2004. But while the LSUC deci- sion pertains to Smith's activities while he was articling and M was an MBA student, documents ob- tained by Law Times show the scandal reached back to their law school days. The law society hearing-panel decision follows a July 2005 York University discipline committee finding that Smith committed academic dishonesty while a student at Osgoode and a student member of the law society. Prior to that, in January 2005, Osgoode dean Patrick Monahan told LSUC that the school would be having an academic conduct hearing involving Smith and a third student (who also allegedly wrote one paper for M). Both have since graduated from Osgoode and are licensed by the law society. The law society subsequently also began an investigation into Smith's conduct later that month. Meanwhile, in March 2005, an Osgoode tribunal found him guilty of academic dishonesty. Smith's punishment from that tribunal was the notation of an academic offence on his tran- script for five years. According to the statement of facts, M was an Osgoode student who struggled academically and had failed a number of classes. Smith tutored M in constitution- al law — a course M had previ- ously failed — in the summer of 2001. M passed supplementary exams in that course. Smith then, during M's second and third years of law school, wrote four course papers for M and was compensated with pay- ment of "thousands of dollars," says the statement of facts, add- ing that M wouldn't have passed the courses without the papers. Smith also paid the third Os- goode student $1,500 to pro- duce a paper for M. But M didn't know that Smith subcontracted the third student to write the paper, which received a passing grade. Meanwhile, all three of the individuals involved graduated from Osgoode in 2003 with LLBs. M went on to an MBA pro- gram at York and continued to pay Smith to write papers for him in 2003 and 2004, says the statement of facts. Then, in the summer of 2004, Smith and M "engaged in the detailed negotiation of a formal contractual arrangement, which was to have resulted in the law- yer producing for M the balance of his MBA course work," ac- cording to the statement of facts. "The contract required M to pay [Smith] approximately $17,500 for the services that were to be performed during the 2004- 2005 academic years." However, the conduct was reported to Osgoode staff be- fore the contract could be acted upon. "Accordingly, no work was provided and no payments were made pursuant to this arrange- ment," says the statement. Smith was an articling student at the Vaughn firm Bratty & Partners LLP from Sept. 3, 2003 to July 3, 2004, it adds. "Thus, he prepared and sold academic papers while he was a law student and a stu- dent member [now student licensee] of the society," the statement of facts reads. Smith, who was repre- sented by Toronto lawyer Joseph Markson, didn't respond to Law Times' re- quests for comment. Law society spokesman Roy Thomas says LSUC has not re- ceived a notice of application re- garding the third student's con- duct. An Osgoode spokesperson said officials there are unable to comment on disciplinary pro- ceedings due to legal restrictions and the school's academic rules. Law Times was unable to discover M's fate. Paid 'thousands of dollars' for papers Toronto lawyer fined in cheating scandal NEWS Announcemount LT LSUC ponders painting policy BY ROBERT TODD Law Times LT T he Law Society of Upper Canada's heritage committee wants the governing body to reverse a policy that ended its con- tribution of $25,000 toward the painting of portraits of Ontario chief justices —despite the fact that the policy was, in effect, never put into practice. In a motion put before Convocation last week, the committee requests, "That Convocation reverse its 1993 policy eliminating the law society's contribution of $25,000 per portrait for the painting of portraits of chief justices of Ontario." The matter was handled in camera, but the committee report says, "The law society has a rich and varied history that it has celebrated for over 200 years. Its history is highlighted by many physical symbols, not the least of which is its remarkable portrait collection consisting of portraits of both treasurers and chief justices, spanning hundreds of years. Not only is the portrait collection of immeasurable value to the law society and to the profession, it is one of the most significant portrait collections in the province." The law society's chief justice and treasurer portrait policy dates back to 1884 but was reversed in 1993 amid budgetary discussions. At that time a motion was approved restricting portrait expenses to those for the commissioning of portraits of law society treasurers. But despite that decision, Convocation approved, in 1997, a $50,000 expenditure for the portraits of two chief justices. The effect of that move was a charge of about $2 per member. Requests for portrait funds following the appointment of Chief Justice of the Ontario Superior Court Heather Smith were put off. She and newly appointed Chief Justice of Ontario Warren Winkler would be in line for portraits. The report says law society CEO Mal- colm Heins requested the committee, which met Jan. 10, report to Convocation on the matter for budgetary planning. The committee also notes the importance of acquiring a portrait of Smith, the province's first female chief justice. The committee report says, "The tradition of painting portraits of both treasurers and chief justices is the law society's, not the govern- ments. The collection belongs to the law society. As its steward, the law society should continue to build on the collection and preserve and celebrate it." The per-member cost of a $25,000 portrait is $0.79, according to the report. "The law society must, of course, keep in mind that it is mem- bers' fees that pay for each $25,000 contribution to the chief jus- tice portraits," the report says. "In the committee's view, this is an extremely reasonable expenditure, the long-term value of which is incalculable." REPRINTS REPRINTS REPRINTS REPRINTS Been in Law Times? Want a record of it? Promote your law firm by ordering reprints of articles from the voice of the profession — Law Times! Reprints are great for: • Firm promotional material • Use on your web site • Training and education • • Suitable for framing • $175 - $225/reprint We provide a color PDF and unlimited reproduction rights. For more information or to order reprints, please e-mail Gail Cohen at: gcohen@clbmedia.ca LAW TIMES BY ROBERT TODD Law Times The contract required M to pay [Smith] approximately $17,500 for the services that were to be performed during the 2004-2005 academic years. LT *Pages 1-16.indd 3 1/24/08 6:10:27 PM

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