Law Times

Page 20 February 23, 2015 • Law Times www.lawtimesnews.com SECURITIES LAWYER JOINS GOWLINGS Former Wildeboer Dellelce LLP se- curities lawyer Peter Simeon has joined Gowling Lafleur Henderson LLP. Simeon joins Gowlings' Toronto office as a partner and a member of the firm's corporate finance and mergers and acqui- sitions group. "Peter is an exceptional securities law- yer with an impressive track record of success for his clients," said Scott Jolliffe, chairman and chief executive officer of Gowlings. "His expertise in corporate finance, coupled with his dedication to providing companies with practical, effective solutions, make him a great fit for Gowlings. We're delighted to welcome him to the firm." Simeon advises clients on matters related to corporate finance, merg- ers and acquisitions, and structured products. He said he's excited to join "an innovative" team of lawyers at Gowlings. "Gowlings' corporate finance and M&A capabilities are second to none, but what's just as important is the personalized, responsive service it offers to companies at all stages of development," said Simeon. "I'm excited to be a part of an innovative firm that Canadian and in- ternational businesses depend on to move their transactions forward." MIRACLE CAT EMBROILED IN LEGAL BATTLE TAMPA BAY, Fla. — The Florida cat that crawled out of its grave after a traffic accident is now at the heart of a legal dispute over custody involving its owner and the Humane Society of Tampa Bay. Bart the cat, nicknamed Zombie Cat on social media, made international headlines last month when he surfaced five days after his burial when a car hit him. He was initially expected to return home after surgery at the humane society's veterinary clinic where he un- derwent treatment for a broken jaw and facial injuries. But the agency, which is chronicling Bart's recovery online in a blog, decided not to return the cat to its owner after learning more about the "circumstances leading up to his burial," the agency said. Bart's owner, Ellis Hutson of Tampa Bay, has filed a court motion to demand the return of the black and white pet. Hutson claimed the society's leadership sought to use Bart for fun- draising, according to court filings provided to Reuters by the organization. The motion said Bart's owner wasn't able to visit the feline and wasn't receiving updates about his condition. The humane society disclosed the legal ac- tion on its web site and said it was reviewing its legal options. The agency has received donations from around the world that helped to pay for Bart's care, according to its blog. In a later blog post, the society said animal welfare investigators were going to evaluate the Hutson home. They conducted a welfare check at the resi- dence, according to the Hillsborough County Pet Resource Center. A spokeswoman said officers found two mixed-breed dogs in good health and there was no investigation. TRAPPED BURGLAR RESCUED BY AUTHORITIES SEATTLE — You know you're in trouble when you have to ask police to rescue you during a burglary attempt. A Seattle burglary suspect who tried to evade capture by crawling inside an apartment building's ventilation ducts got stuck and had to be rescued by authorities, police said. Residents in a downtown Seattle apart- ment building called police to report hear- ing what sounded like a person "destroying washing machines" with a pry bar in a laundry room, the Seattle police department said in a statement. The suspect, whom police said had dozens of $1 bills and $22.65 in change on him, likely taken from vending and washing machines, hid behind the appliances as residents came in to do laundry and then moved a vending machine to block the entrance to the room. He then burrowed out of the communal laundry room through a wall and into an adja- cent storage area, Reuters reported. Following the trail, police entered the storage room but found only blood and broken glass and a small opening that led to air ducts, the statement said. "Officers made their way to the basement where they could hear someone struggling in- side the duct work. The burglar told police he was stuck and could not move because of the pain and that he needed something to drink." According to Reuters, it took Seattle fire- fighters 20 minutes to free the man who suf- fered cuts to his hands and face. He was taken into custody, was being treated at a hospital and will be booked on felony burglary and drug possession charges. The man eventually admitted to drug use, telling police he had never been so high. When police asked why he had tunnelled through the wall, they said he replied: "To com- plete my mission." LT REACH ONE OF THE LARGEST LEGAL AND BUSINESS MARKETS IN CANADA! AVAILABLE ONLINE AND IN PRINT 8JUINPSFUIBOQBHFWJFXTBOEVOJRVF WJTJUPSTNPOUIMZDBOBEJBOMBXMJTUDPNDBQUVSFTZPVSNBSLFU FOR MORE INFORMATION CONTACT Colleen Austin T: 416.649.9327 | E: colleen.austin@thomsonreuters.com www.canadianlawlist.com Get noticed by the lawyers, judges, corporate counsel, finance professionals and other blue chip cilents and prospects who find the contacts they need for Canadian legal expertise at canadianlawlist. com with an annual Gold or Silver Enhanced listing package. ENCHANCE YOUR LISTING TODAY! Untitled-7 1 2015-02-17 11:14 AM u Bizarre Briefs By Viola James u The InsIde story SUSPENSION AFTER $150K TAKEN FROM ORPHANS The Law Society Tribunal has suspended a lawyer on an interlocutory basis for misap- propriating funds belonging to orphaned children. Lawyer Peter Borkovich misappropriated $150,000 in es- tate funds that belonged to chil- dren who had lost their parents, according to a hearing panel that considered the matter. "In this case, the evidence of misappropriation is clear," wrote hearing panel chairman Peter Wardle, who added that over a period of two years, Borkovich took funds belonging to the cli- ents and used them for his own benefit. "This was not an isolat- ed event," wrote Wardle. "There were 36 separate with- drawals of funds on account of legal fees that were not earned." The lawyer paid his personal taxes through funds from the estate and used the money to make up for losses arising from "improper loan activity" that arose in another estate, accord- ing to Wardle. "The victims of this misap- propriation were orphaned mi- nor children. The amounts are significant." The hearing panel decided to suspend Borkovich despite his co-operation with an ongoing investigation by the Law So- ciety of Upper Canada and repayment of the funds he had misappropriated. "This result may seem harsh," wrote Wardle. "The respondent has taken a number of positive steps to deal with his misconduct. Most importantly, he has acknowl- edged his wrongdoing and re- paid the funds misappropriated. At a future discipline hearing these facts may be mitigating features for a hearing panel to consider. At this stage, however, they simply do not address the disturbing concerns about the respondent's integrity raised by the misconduct in question." 'WE WIN OR IT'S FREE' AD CRITICIZED The Law Society Tribunal has disciplined a Toronto paralegal for advertising that declared "We win or it's free" on his web site. Paralegal Benito Zappia's web site made the promise "with- out clarifying that he charged a small non-refundable adminis- trative fee and that the offer of a contingency fee did not include criminal clients' matters," a hear- ing panel found. "Mr. Zappia also admitted he did not use a trust account to hold money from clients on account of fees and disbursements not yet rendered," wrote panel chair- woman Barbara Murchie. "The panel agreed that he had engaged in professional miscon- duct, as alleged." The hearing panel reprimand- ed Zappia and ordered him to pay $2,500 in costs. LT "The Supreme Court's decision in R. v. Fearon may give you the right to search people's cellphones but its decision in R. v. Spencer means you'll need a warrant. I'm not called Sal, the one-man telecom, for nothing, y'know!" Peter Simeon

• Cover