Law Times

Page 16 May 5, 2014 • Law TiMes www.lawtimesnews.com GROIA APPEAL, CROSS-APPEAL FILED Joe Groia and the Law Society of Upper Canada remain at loggerheads as both sides are challenging an appeal panel ruling that was partly favourable to the Toronto lawyer in the long-run- ning civility case. e law society recently filed a cross-appeal at the Divisional Court seeking to reinstate the LSUC hearing panel's earlier decisions that imposed a two-month suspension and a $250,000 costs order on Groia. It was in response to Groia's appeal filed with the Divisional Court last month. In its cross-appeal, the LSUC argues the hearing panel's assess- ment in the case "was reasonable and entitled to deference before the hearing panel. e appeal panel erred in law by concluding that the reasons of the reviewing courts should be given only limited weight." It adds the hearing panel made no legal error in levying the two- month suspension and that the appeal panel erred in reducing the costs order. For his part, Groia is seeking to dismiss the misconduct case against him related to incivility during his defence of Bre-X Min- erals Ltd. geologist John Felderhof or, in the alternative, send the matter to a hearing before a different hearing panel. He's also look- ing to quash the costs order, since reduced to $200,000 by the appeal panel, as well as the one-month suspension it ordered. "e appeal panel's decision endorses the LSUC's unprecedented and dangerous disciplinary proceedings against the lawyer," states the Divisional Court notice of appeal filed by Groia's counsel, Earl Cherniak and Jasmine Akbarali of Lerners LLP. WOMAN DEPORTED FOR BUDDHA TATTOO COLOMBO, Sri Lanka — If you go to Sri Lanka, be sure to check any tattoos you have. According to Reuters, Sri Lanka recently de- ported a British tourist for having a tattoo of Bud- dha on her arm that a court said was an insult to the island's main religion. Legally, there's no ban on Buddha tattoos in Sri Lanka, but the predominantly Buddhist nation is very sensitive about its religion. Naomi Coleman, a 37-year-old nurse, le on a London, England-bound flight aer her deten- tion following her arrival from neighboring India. "I just want to get out of this place. I have come twice to Sri Lanka but I have never faced this with my tattoo," Coleman told Reuters by telephone shortly before her deportation. "If there is a rule like this, Sri Lankan authorities should clearly say that Buddha tattoos are banned. I am a practising Buddhist and Buddhism is all about compassion and kindness." Sri Lanka's constitution affords Buddhism the "foremost place." Authorities spotted Coleman's tattoo upon her arrival in Sri Lanka. Senior immigration official Chulananda Perera said the court had decided to deport Coleman partly because she could have been "vulnerable" if allowed to stay. "Some Sri Lankans could get offended," Perera told Reuters. It wasn't the first time a tourist with such a tat- too has run into trouble in Sri Lanka. In 2013, authorities denied entry to a British man for his tattoo of Buddha. KIDS CAUGHT SELLING FAMILY'S LEGAL POT DENVER — We knew it wouldn't be long before the issues stemming from marijuana liberaliza- tion in states like Colorado would emerge. Two 10-year-old boys in Colorado are in trou- ble for selling and swapping marijuana they pil- fered from their grandparents' supplies of legally purchased pot in separate incidents at the same school, a district official said. John Gates, director of safety and security for Weld County School District 6, said a fourth- grade boy at Monfort Elementary in Greeley brought a small amount of marijuana to school and sold it to three other classmates. "He made $11 on the deal," said Gates. e following day, one of the students who purchased the weed brought a marijuana-infused edible product to school and gave it to the boy who made the original sale, according to Gates. at boy nibbled on the edible product but suffered no ill effects, said Gates, noting another student observed the incident and reported it to school authorities. Ultimately, the district disciplined four fourth-grade students, three boys and one girl, in connection with the two incidents, Gates said, but he declined to specify the nature of the punishment. Voters in Colorado approved the possession and use of small amounts of cannabis by adults for recreational purposes in 2012, and the first state-licensed retail pot stores opened in the state in January. Gates said both boys caught bringing mari- juana to school had taken the cannabis from their respective grandparents who had purchased the pot products legally from state-sanctioned shops. e principal of the school, Jennifer Sheldon, sent a letter home to parents informing them of the incidents. She noted "disciplinary action is un- derway" for the involved students. "We urge all parents, grandparents, and any- one who cares for children to treat marijuana as you would prescription drugs, alcohol or even firearms," the letter said. Sgt. Joe Tymkowich, spokesman for the Greeley police department, said no criminal investigation was underway either for the stu- dents or their grandparents. "By the time the school even became aware of it, all the evidence was gone anyway," he said. LT THE MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS More detail and a wider scope of legal contact information for Ontario than any other source: ȕ0WFS27,000 lawyers listed ȕ0WFS9,000 law firms and corporate offices listed ȕ'BYBOEUFMFQIPOFOVNCFSTFNBJMBEESFTTFTPGȮDFMPDBUJPOTBOEQPTUBMDPEFT Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation 1FSGFDUCPVOEȕ1VCMJTIFE%FDFNCFSFBDIZFBSPOTVCTDSJQUJPOȕ0OFUJNFQVSDIBTF- .VMUJQMFDPQZEJTDPVOUTBWBJMBCMF1SJDFTTVCKFDUUPDIBOHFXJUIPVUOPUJDFUPBQQMJDBCMFUBYFTBOETIJQQJOHIBOEMJOH O N TA R I O L AW Y E R' S P H O N E B O O K Untitled-5 1 14-01-31 12:31 PM u Bizarre Briefs By Viola James u The InsIde story LAO SEEKING FEEDBACK Legal Aid Ontario is asking for lawyers' feedback on a pilot project designed to manage con- flict of interest issues in family law cases. Aer consultations with the Law Society of Upper Can- ada, LAO launched a program that would inform LAO clients that staff who represent them may be assisting their opponents as well. Under the pilot project, staff would seek clients' consent to provide services when such circumstances arose. LAO says it met with LSUC representatives to discuss modi- fying the conflict management project and is now seeking feed- back on the program. Lawyers can send comments or questions about the program to Roderick Bennett at ben- netr@lao.on.ca. POLL RESULTS e results of the latest Law Times online poll are in. According to the poll, 58 per cent of respondents disagree with the Federal Court of Ap- peal's decision to uphold a rul- ing that found Métis people to be Indians under s. 91(24) of the Constitution Act. In Canada (Indian Affairs and Northern Development) v. Dan- iels, the appeal court restated the Federal Court's earlier decision to declare: "Métis are included as 'Indians' within the meaning of section 91(24) of the Constitu- tion Act, 1867." NEW THUNDER BAY COURTHOUSE OPENS Construction on a new court- house in under Bay, Ont., is now complete. e courthouse, which brings together all court servic- es in the region under one roof between Brodie and Archibald streets, is fully operational. e design of the building reflects under Bay's natural environment and aboriginal elements, according to the Ministry of the Attorney General. "e under Bay courthouse is another example of our com- mitment to building courthouses that meet the highest standards for accessibility, sustainability, se- curity, and technology, including an aboriginal conference settle- ment suite, the first of its kind in Ontario," said Attorney Gen- eral Madeleine Meilleur. LT Joe Groia "He doesn't have a cellphone, never goes to the airport, doesn't use a credit card, has no store loyalty cards, no Facebook account, doesn't visit porn sites, and has two overdue library books. Looks suspicious to me."

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