Law Times

Page 16 SePtember 1, 2014 • Law Times www.lawtimesnews.com LAW GRAD'S ROYAL SUCCESSION APPEAL DENIED A recent law graduate who challenged roy- al succession rules barring Catholics from ascending to the throne has lost his appeal. Bryan Teskey took his matter to the appeal court a er Superior Court Jus- tice Charles Hackland found he didn't have standing to challenge the royal suc- cession rules. In a decision last week, the appeal court agreed with Hackland's fi nding. "We agree with Hackland R.S.J. that Mr. Teskey's application does not raise justicia- ble issues and that Mr. Teskey lacked standing to bring the application," the court said in Teskey v. Canada (Attorney General). " e rules of succession are a part of the fabric of the constitution of Canada and incorporated into it and therefore cannot be trumped or amended by the Charter, and Mr. Teskey does not have any personal interest in the issue raised (other than being a member of the Roman Catholic faith) and does not meet the test for public interest standing." Last year, Teskey told Law Times the rules against Catholics were dis- criminatory. It also sets a "dangerous precedent," he said. "It says politi- cians can choose who gets rights. It's very odd that the government of Canada says Catholics and only Catholics cannot become heads of state." 'BONE-APPÉTIT' LAW PASSED IN CALIFORNIA SACRAMENTO, Calif. — California has moved to allow greater freedoms for dogs with a new law letting them into restaurants. According to Reuters, California diners can now legally enjoy a meal on a restaurant patio with their dogs in tow under a law signed by Gov. Jerry Brown that eliminates health-code regulations banning restaurant owners from allowing pooches on the premises. Starting next year, California canines will be able to dine al fresco if they're wearing leashes or are relaxing in a carrier. "I wish everyone 'bone-appétit,'" quipped Democratic assembly member Mariko Yamada, the law's author. "Restaurateurs in California will see more businesses catering to their customers and the canine companions they love." According to Reuters, the new law clarifi es a section of the state's health code that banned dogs from restaurants altogether, including on outdoor patios or courtyards. e rule has caused confusion because some local govern- ments choose to enforce the law while others turn a blind eye. In counties where local offi cials were more lax about enforcement, restaurant owners who encouraged their guests to bring their pups to dinner were at risk of facing penalties for a health-code violation. "We're thrilled that now restaurants will have more freedom to determine for themselves the customers they'd like to serve," said Angelica Pappas, spokeswoman for the California Res- taurant Association. "For many, the four-legged kind — and their people — are a hungry market." e law only allows dogs on restaurant pa- tios if there's a separate entrance where they can enter the outdoor area without going through the restaurant building. Further restrictions also ban dogs from sit- ting on chairs or benches, mingling in kitch- ens, and making direct contact with servers or cooks. Pet owners will be liable for any prop- erty damage their dogs cause. IP SPAT BETWEEN SAKS AND SNAKS NEW YORK — Speaking of pets, it's Saks ver- sus Snaks in a dog-related trademark battle brewing in New York. According to Reuters, Saks Fi h Avenue has a bone to pick with Snaks 5th Avenchew, an online pet treat company whose name has raised the New York department store chain's ire. But so far, the doggie snack purveyor is sticking to its puns. Saks, owned by Hudson's Bay Co., sent a cease and desist letter to the web site demanding that it change its name, according to its proprietor, Car- rie Sarabella. It claims the moniker infringes on the Saks Fi h Avenue brand, Reuters reported. But Sarabella said it's business as usual for Snaks 5th Avenchew. "As of now, I'm standing my ground," said the 32-year-old New York na- tive who lives in Hoboken, N.J. Sarabella said she hadn't heard back from representatives of Saks about whether they'd pursue legal action against her for keeping her company name. Sarabella launched her online store in April to market a line of treats she fi rst created for her own pooch, an American Cocker Spaniel named Pinero who suff ers from food allergies. e snacks, packaged as human foods in- cluding cupcakes, doughnut holes, and potato chips, use high-end hypoallergenic ingredients for dogs with sensitivities, Sarabella said. Sarabella, who grew up shopping at Saks, said using a parody name, as others had done with pet-oriented brands like Chewy Vuitton and Bloomingtails, seemed fi tting for her company. "I knew that Saks was able to off er me the best of what I was looking for, and I wanted to do the same thing with pets," she said. "It was al- most as if I was honouring and complimenting what they always gave to me, but unfortunately they don't feel the same way." 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 BLG LANDS LOUISE ARBOUR Borden Ladner Gervais LLP has landed one of Canada's best- known lawyers. Former Supreme Court of Canada justice Louise Arbour has joined BLG as counsel, the fi rm announced last week. "Joining BLG provides an op- portunity for new challenges in my career. I have long admired the fi rm's litigation work and its contribution to the profession particularly through work done on a pro bono basis," said Arbour, who noted she's looking forward to working with the international trade litigation and arbitration group at the fi rm. Arbour, recently named one of Canada's top 25 most infl uential lawyers by Canadian Lawyer, also served as United Nations high commissioner for human rights as well as president and chief execu- tive offi cer of the International Crisis Group. GUBERMAN GARSON JOINS DELOITTE ALLY e accounting world's activ- ity in the legal fi eld continues to grow with the announcement last week that Guberman Gar- son Immigration Lawyers is joining an immigration law fi rm allied with Deloitte LLP. e new fi rm, Guberman Garson Segal LLP, will of- fer services in Canadian, U.S., and international immigration law. " is transaction expands Guberman Garson's reach glob- ally, as our alliance with De- loitte in Canada brings us into Deloitte's network of global im- migration fi rms," said David Garson, managing partner of Guberman Garson Segal LLP. "Clients prefer the conve- nience of having a service pro- vider that can off er Canadian, U.S., and international immigra- tion services around the world. As the global immigration law fi rm allied with Deloitte, we are now fully equipped to meet those needs in a cost-eff ective manner." POLL RESULTS e results of the latest Law Times online poll are in. According to the poll, 59 per cent of respondents agree with the Canadian Bar Associa- tion Legal Futures report's rec- ommendations to liberalize the ownership of law fi rms. e majority of poll respon- dents agreed the legal profession needs to move quickly on inno- vation, while the remaining par- ticipants felt the risks of doing so are too great. In a report released last month at the CBA's annual con- ference, the Legal Futures team recommended a liberalized reg- ulatory model that would allow for publicly traded law fi rms. e report also said addition- al capital and fl exibility would foster new ways of meeting cli- ent needs le unsatisfi ed by the existing regime. LT "Resistance is futile! We've patented drawbridges." Bryan Teskey

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