The premier weekly newspaper for the legal profession in Ontario
Issue link: https://digital.lawtimesnews.com/i/290325
Page 16 April 7, 2014 • lAw Times www.lawtimesnews.com GROIA COST AWARD REDUCED Given the partial success of lawyer Joe Groia's appeal of his misconduct fi nding, the Law Society Tribunal's appeal divi- sion has ordered no costs on the appeal and decided to reduce the costs a hearing panel had originally ordered him to pay. An appeal panel reduced Groia's sus- pension to one month from two months last year a er fi nding faults with a hearing panel decision that found him guilty of misconduct related to incivility in 2012. "In its submission, the law society concedes that, since success on the appeal was divided, it is reasonable that no costs should be ordered," wrote appeal panel chairwoman Linda Rothstein. "Mr. Groia does not seek costs of the appeal and agrees that the appro- priate disposition is that no costs of the appeal be ordered." Groia also challenged the $245,000 cost award made by the hearing panel. He argued the law society's claim of abuse of process had unneces- sarily lengthened the hearing. In the alternative, he asked for a 40-per- cent cost reduction. In the end, the appeal panel decided to reduce the cost award against Groia to $200,000. BILL STALLS OVER CREDITING GOD COLUMBIA, S.C. — Not known as a haven for the separation of church and state, a measure to designate a state fossil has stalled over giving God credit. According to Reuters, an eight-year-old South Carolina girl's dream of having the wool- ly mammoth become the offi cial state fossil is on hold while lawmakers debate an amend- ment that gives God credit for the creation of the prehistoric animal. A bill that recently passed the state house to designate the Columbian mammoth as the state fossil stalled in the Senate a er Republican Sen. Kevin Bryant added two verses from the book of Genesis. at amendment was ruled out of order, but senators were to debate a new amendment last week that says the mammoth was "created on the sixth day along with the beasts of the fi eld," said Bryant. "I just had a notion that we ought to consider acknowledging the creator as we acknowledge one of his creations," he said. e original measure followed a letter to elect- ed offi cials by Olivia McConnell, an eight-year- old from New Zion, S.C. In it, she pointed out there's no state fossil, said Democratic Rep. Robert Ridgeway, who received the letter and sponsored the measure. McConnell suggested the elephant-like mam- moth because an early fi nd of its remains took place in 1725 on a South Carolina plantation where slaves dug up a tooth, said Ridgeway. e woolly mammoth was a huge, shaggy, tusked mammal that roamed northern Europe, Siberia, and North America tens of thousands of years ago and became extinct about 4,000 years ago. Bryant said he doesn't intend to hold up the mammoth's offi cial designation but would like a vote on his amendment and sees no legal problems with it. Reaction from some South Carolina residents has been "nasty," he said. "Please stop making our state look like back- wards hillbillies who believe in fairy tales," Alex Davis commented on Bryant's web site. "Keep your religious views out of the government." Ridgeway expressed surprise at the controver- sy. "I was just trying to support a young child who is interested in science. We should support chil- dren in any endeavour that they seem interested in. at's one thing the state should be behind." EX-ANIMAL PLANET HOST FINED FOR LIZARD SALE LOS ANGELES — You wouldn't necessarily ex- pect to see an exotic species researcher and host of a TV program featuring some of the world's dead- liest creatures charged with violating endangered species legislation. But according to Reuters, Donald Schultz, the former host of a popular Animal Planet TV show, has pleaded guilty and must perform community service and pay $9,000 in fi nes for selling two en- dangered lizards online. Schultz had pleaded guilty last year to trying to sell the desert monitor lizards to an undercover federal agent who answered a 2010 online ad seeking about $3,000 for the reptiles, according to offi cials at the U.S. attorney's offi ce for the central district of California. e former host of Animal Planet's Wild Recon faced a charge of violating the Endangered Spe- cies Act, a federal law that protects and recovers imperiled species and ecosystems. According to federal prosecutors, Schultz met with an undercover agent posing as a prospective buyer at his home in Los Angeles where he agreed to ship the reptiles to another buyer in Buff alo, N.Y. Under a plea deal, Schultz agreed to pay a $6,000 fi ne and $3,000 in res- titution and perform 200 hours of community service, according to prosecutors. Schultz has made his living handling and re- searching the world's most dangerous animals, insects, and reptiles. LT Get more online Get more online Get more online Canadian Lawyer | Law Times | 4Students | InHouse | Legal Feeds lawtimesnews.com • canadianlawyermag.com Fresh Canadian legal news and analysis every day Visit Us Online 1-8-5X.indd 1 2/28/11 2:37:34 PM u Bizarre Briefs By Viola James u The InsIde story BERESKIN INDUCTED TO IP HALL OF FAME Bereskin & Parr LLP co-found- ing partner Daniel Bereskin has been inducted into Intellectual As- set Management magazine's intel- lectual property hall of fame, the law fi rm announced. Bereskin is the fi rst inductee from a Canadian law fi rm or organization, according to Bere- skin & Parr. "Isaac Newton, one of the most infl uential scientists in his- tory, humbly observed: 'If I have seen further it is by standing on the shoulders of giants.' Likewise, we IP practitioners benefi t im- mensely from the knowledge, wisdom, and experience of oth- ers, such as the distinguished members of the IP Hall of Fame, of whom I feel deeply honoured now to be a small part," said Bereskin. FIVE PARALEGALS ELECTED TO CONVOCATION Five paralegals will join Convo- cation following elections that wrapped up last week. e fi ve new benchers are Robert Burd, Cathy Corsetti, Brian Lawrie, Michelle Haigh, and Marian Lippa. "Convocation is pleased to welcome the fi ve elected parale- gal benchers," said Law Society of Upper Canada Treasurer omas Conway. " eir participation at Con- vocation will enhance the gover- nance of the profession." is was the second paralegal election in Ontario since the law society started regulating parale- gals in 2007. DIVERSITY EVENT SET FOR MAY A Call to Action Canada is hosting a conference on diversity in the legal profession in May. e conference will feature keynote speaker Clint Davis, vice president of aboriginal banking at TD Bank Group. Other speakers include Anita Anand, a professor of law at the University of Toronto, and Cognition LLP director of cli- ent services Jacqueline Dins- more. e conference will take place on May 13 at the Sheraton Hotel in Toronto. POLL RESULTS e results of the latest Law Times online poll are in. According to the poll, 86 per cent of respondents feel the federal government shouldn't attempt to reappoint Federal Court of Appeal Justice Marc Nadon to the Supreme Court of Canada. In a historic decision, the Su- preme Court found Nadon didn't meet the eligibility criteria to fi ll one of the three seats on the bench reserved for judges from Quebec. At one point, the gov- ernment hedged on what it would do in response. But Prime Minis- ter Stephen Harper later said the government would respect the spirit of the court's ruling. LT "Relax! It's just a rehearsal." Joe Groia