Law Times

Page 16 November 3, 2014 • Law Times www.lawtimesnews.com u Bizarre Briefs By Viola James u The InsIde story By Glenn Kauth KINGSTON LAWYER DISBARRED The Law Society Tribunal has disbarred a lawyer for, among other things, sexually harassing a client. Kingston, Ont., lawyer Jo- seph Farant sexually harassed a client "with verbal and physi- cal contact of a sexual nature," a hearing panel has found. The panel also found Farant withdrew trust funds he held on behalf of a client as payment for services before he delivered an account. Besides taking away his licence, the panel ordered Farant to pay $41,000 in costs. CBA FLAGS CONCERNS WITH BILL C-36 The Canadian Bar Association is f lagging constitutional short- comings in the federal govern- ment's prostitution law. The CBA says bill C-36 un- dermines the spirit of the Su- preme Court of Canada's ruling in Canada (Attorney Gen- eral) v. Bedford, a case in which the top court deemed Canada's current prostitution laws uncon- stitutional. "Bill C-36 introduces a num- ber of measures which on their face appear to comply with the central aspects of the Bedford deci- sion," said Ian Carter, an execu- tive member of the CBA's national criminal justice section. "However, the practical ap- plication of some of these provi- sions undermines the spirit of the Bedford decision." The CBA says the Supreme Court's key consideration in Bed- ford was whether the prostitution law makes working conditions for prostitutes more dangerous and therefore violates s. 7 of the Char- ter of Rights and Freedoms. The legislation puts limits on communications about sex work. The CBA says the provision may contravene freedom of expression guarantees in the Charter. ONTARIANS URGED TO MAKE A WILL The Ontario Bar Association is partnering with the Alzheimer Society of Ontario to urge On- tarians to make a will this month. The two organizations are col- laborating this month to create and publicize information about end-of-life planning. "A recent LawPRO survey has shown that less than half of Cana- dians have a valid will," said OBA president Orlando Da Silva. "The OBA has an obligation to improve the public's aware- ness of this important legal tool and to help people overcome the intimidation they may feel in starting the planning process." Organizers say they'll dispel common myths about making wills and give people the re- sources they need to get started. "Many are unaware of just how affordable making a will can be or of the emotional and financial cost to families that can result from the failure to make one," said Vince De An- gelis, chairman of the OBA's trusts and estates section. LT POLL RESULTS The results of the latest Law Times on- line poll are in. According to the poll, 55 per cent of respondents feel Ontario should eliminate civil jury trials. Some commentators, such as Law Times social justice columnist Alan Shanoff, say juries are sometimes un- able to fully understand and assess complex evidence in civil matters. In a recent column, Shanoff said the major- ity of civil jury trials involve litigation arising from motor vehicle accidents and suggested insurers choose such proceedings for "tactical reasons." "One would think insurance com- panies would do everything in their power to avoid jury trials. Surely, they'd want to have more predictability and consistent results. But insur- ers know there are tactical advantages to electing jury trials," he wrote. Some lawyers, however, have criticized those arguments, suggest- ing juries are more likely to come to fair decisions than judges in civil matters. Alan Shanoff NAKED RAMBLER REBUFFED BY COURT LONDON — A European court has rebuffed the Naked Rambler. According to Reuters, a British man who has spent a total of seven years in jail over the issue has lost his legal battle to wear no clothes as Europe's human rights court told him he must respect the feelings of others. Stephen Gough, dubbed The Naked Rambler by British media for his bid to trek the length of the country wearing no more than a hat and bulky rucksack, has faced some 30 convictions for public order disturbances and other offences. Gough argued European laws on respect for private life and freedom of expression gave him the right to nudity whenever he chose it. But the Strasbourg-based European Court of Human Rights ruled they didn't apply given his "deliberately repetitive antisocial conduct." "He had plenty of other ways of expressing his opinions," it concluded. PATIENT WHO GOUGED EYES SUES HOSPITAL OVER PHOTOS LOS ANGELES — You'd think hospital staff tempted to take pictures of the weird things they see in their wards would know better than to actually do it. But according to Reuters, that's not necessarily the case. In one case, a nurse at a Los Angeles hospital allegedly took a photo of a woman who had gouged out her own eyes with pencils. The patient is now suing the hospital and its administrators after the picture went viral on the Internet, according to her lawyer. The plaintiff received treatment at Los Angeles County-USC Medical Center in 2012 after she tried to commit suicide by jamming the pencils through her eyes at another facility, said her lawyer, Douglas Johnson. The injury left the woman blind, according to the lawsuit filed in Los Angeles Superior Court. The as-yet unidentified nurse took the photograph of the patient with the "intact pencils sticking out of her eyes" and then shared the unauthorized picture with another person who passed the image to Joshua Shivers, the lawsuit said. Shivers, in turn, used his mother's computer to post the image to a shock web site, the suit stated, adding the photo has since had more than 192,000 views. PRINCESS PUNISHED FOR COCKFIGHTING RING IRRIGON, Ore. — Cockfighting seems a long way from the pomp and circumstance of royalty. According to Reuters, a princess fifth in line for the Romanian throne and her husband have admitted to running a cockfighting ring in rural Oregon. Irina Walker and her husband, John Walker, had pleaded guilty in July to one count of running an illegal gambling operation at a barn-like structure on their ranch in Irrigon where they held cockfighting derbies. Prosecutors said the cockfighting events came complete with a chef cooking Mexican food and alcoholic drinks. They said the Walkers charged attendees $20, while participants paid $1,000 to enter up to five roosters in fights. As part of a plea agreement with prosecutors that saw additional charges dropped, the couple admitted to financing, supervising, and owning the cockfighting venture during 2012 and 2013. The court has now sentenced them to three years of probation, according to prosecutors and court documents. "It's obviously an important case in terms of enforcing law against cockfighting and animal abuse," said assistant U.S. attorney Stephen Peifer. Romania is a republic, but its historic royal family maintains special legal and symbolic status within the country, according to the official web site of the Romanian Royal House. Irina Walker is one of five daughters of exiled former Romanian king Michael. He went into exile in 1947. LT legal expertise? Looking for Find exactly what you need at www.CanadianLawList.com It's fast, It's free, s fa , s f and it's available to you 24 hours a day. ay. s available y availabl y Starting a business, making a will or buying a house? Declaring bankruptcy, dealing with a personal injury, insurance claim or job loss? If you're in the midst of one of life's big events, help is as close as your smartphone, tablet or computer. Simply go to www.CanadianLawList.com to find the right lawyer for your particular legal need. www.CanadianLawList.com is Canada's most comprehensive online directory of lawyers and law firms. And it's easy to use! You can search by city, legal specialty, or name for listings and contact information. Find the legal expertise you need at www.CanadianLawList.com. CLLonline_LT_July7_14.indd 1 14-07-02 8:13 AM "Wow! Our new regulations have produced enough new Canadian Internet content to last years!"

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