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PAGE 4 NEWS August 8, 2011 • LAw times Bar's independence at stake: defence Continued from page 1 times Groia's tone "descended from legal argument to irony to sarcasm to petulant invective" and "more resembles guerilla theatre than advocacy in court." "His conduct tarnished the administration of justice as un- civil conduct inevitably does," Curry said in his opening state- ments to the panel chaired by Bencher Tom Conway along with colleagues Susan McGrath and Baljit Sikand. Groia's conduct had a "distort- ing and disruptive eff ect" on the Felderhof proceedings, according to Curry, who said his actions "have no place in our courtrooms or in the arsenal of members of this society." Groia had a duty, Curry said, to act civilly, some- thing that wasn't inconsistent with his obligation to his client. "He made unfair and belittling comments about the prosecution and the manner in which they proceeded," Curry said. "Th ose comments and the manner in which he made his legal submis- sions were inconsistent with his professional obligations." Groia's lawyer, Lerners LLP partner Earl Cherniak, fi red back. He argued the law soci- ety's prosecution of Groia posed a threat to the independence of the bar, the judiciary, and the public interest, particularly in cases where a defendant lines up against a powerful public body. According to Cherniak, Fel- derhof faced terrible odds given the intense public scrutiny as- sociated with the Bre-X case and the enormous resources behind the OSC, which had publicly stated its desire for a conviction. "Forceful advocacy" was re- quired and delivered by Groia in the case, Cherniak said. "Except in the most egre- gious of cases, the law society should stay out of attempting to regulate conduct in a court- room," Cherniak said, add- ing the issues are better left to judges familiar with them who "take the temperature of a trial" in court on a daily basis. Couple can serve intermittently Continued from page 1 to provide undertakings, and an admission of forging a false document, caused "four years of unnecessary proceedings and expense," Roberts noted. Th e court heard that Maria Barnes initially con- tacted Uyj Air in 2005 and described herself as an heiress interested in purchasing a multimillion-dol- lar private jet. After a jet was fl own from the United States and following a demonstration fl ight, a con- tract was signed to purchase the aircraft. Maria later told the company she had no money to pay for the plane, which was sold at a slightly lower price to a customer in the United States. A consent order issued by a Superior Court judge in 2007 required Maria to pay $215,000 to Uyj Air. Since that order, the couple hasn't paid the money or any costs orders and has been found in contempt by three other Superior Court judges for failure to attend cross-examinations and an- swer undertakings. During the ongoing litigation, Maria has claimed that she expects to receive a multimillion-dollar inheritance from her grandfather's estate, although there was no documentation to substantiate the as- sertion. Maria also admitted to forging documents purportedly from CIBC to back up her claim that she wasn't allowed to provide details about her in- heritance and a trust account. "It is clear from the evidence before me that the Barnes have used the inheritance and trust story to string along and delay the moving par- ties from trying to enforce their judgments," said Roberts. Th e couple began serving their intermittent sentences last month. Th e couple was ordered to appear again before Roberts on July 29 to deter- mine if they had complied with the court order. Th ere was no evidence presented to the court at that time to mitigate the contempt sentences, says Jolley. Th e Court of Appeal has also ruled that people serving sentences for contempt aren't eligible for parole and that the release date is within the jurisdiction of the court, not correc- tions offi cials. ALBERTA LEGAL TELEPHONE DIRECTORY 2011-2012 A COMPLETE, ACCURATE AND CURRENT LISTING OF ALBERTA INFORMATION With the Alberta Legal Telephone Directory you'll have access to the most up-to-date names, addresses, phone, fax numbers and email addresses for all of the lawyers and law offices in Alberta, Northwest Territories, Yukon and Nunavut. Also, gain quick and easy access to Courts, Judges and Court Officials, Law Related Services/Organizations, Federal and Provincial Government Departments, Boards and Commissions. With: • alphabetical and geographical listings of Lawyers • alphabetical and geographical listings of Law Firms • alphabetical listings of Judges The durable spiralbound format saves you on every day wear and tear! Spiralbound • August 2011 On subscription $38.50 L88804-529-26056 One time purchase $38.50 L88804-529 Prices subject to change without notice, to applicable taxes and shipping & handling. Multiple copy discounts available: • 1 - 5 copies .......................................$38.50 • 6 - 49 copies .....................................$37.50 • 5 - 99 copies ....................................$36.50 • 100 or more copies ..........................$35.50 Visit canadalawbook.ca or call 1.800.387.5164 for a 30-day no-risk evaluation CANADA LAW BOOK® www.lawtimesnews.com Alberta 1-4 pg. - 3X.indd 1 6/13/11 1:24:08 PM In this case, Cherniak added, nobody involved had reported Groia to the law society for his conduct, including opposing counsel. Th e trial judge never commented adversely on Groia, and although Campbell and the Court of Appeal were later scathing about his behaviour, none of the judges complained. Instead, the law society appar- ently launched its investigation off the back of a National Post story on the case. "Th e trial judge was continu- ally asked by the prosecution to chastise Mr. Groia for his com- plaints about the way prosecu- tion was proceeding and he did not," Cherniak said. But Curry said that fact doesn't shield Groia from law society action. "It is not the case that counsel can get away with whatever the court allows him or her to do," he said. "It is important to bear in mind that the fi rst obligation is the advo- cate's. Mr. Groia had a duty to act civilly and in accordance with our rules." Curry also pointed out that in any case, Justice Marc Rosen- berg's Court of Appeal ruling noted that Hryn should have done more to restrain Groia from making his repeated allega- tions of misconduct and abuse of process on the part of the OSC. "Th e trial judge should have instructed Mr. Groia to stop and to reserve his concerns about the conduct of the prosecution until the time came to make the abuse of process motion," Rosenberg wrote in his December 2003 decision. "Even when that time came, defence counsel is obliged to make submissions without the rhetorical excess and invec- tive that Mr. Groia sometimes employed." Rosenberg's ruling is one of three court decisions that form the basis of the law society's ap- plication against Groia. Th e original decision by Campbell in October 2002 dismissing the application to remove Hryn came after 70 tu- multuous days of wrangling over disclosure and procedure. Just two witnesses were examined during that period, and neither completed their evidence. Campbell decided Hryn should continue but spent a good portion of his reasons quoting paragraphs of submissions from Groia that he said demonstrated the kind of "unrestrained invec- tive" and "excessive rhetoric" the lawyer had used to attack the OSC's approach to the case. Th e examples quoted pro- vided "some fl avour," Campbell wrote, but they did "not ad- equately convey the personally biting eff ect of Mr. Groia's unre- strained repetition of his sarcas- tic attacks." He then refused to grant Fel- derhof any of the $500,000 he wanted in costs for defending the motion for loss of jurisdic- tion. In doing so, he noted that it seemed "unlikely that this application would have been brought but for Mr. Groia's in- appropriate conduct." "Th e behaviour indulged in by Mr. Groia should be dis- couraged, not encouraged by an award of costs," Campbell wrote. According to Curry, the judg- ments were "almost without precedent." He added that the fi ndings were binding on the LSUC panel. But Cherniak disputed Cur- ry's characterization of the courts' comments as "fi ndings." Instead, he said they should be considered as comments on Groia's conduct that were admissible for the fact that they were made but with no more weight than that. "I mean no disrespect to the courts when I say that the com- ments of the courts are no more relevant to this proceeding than those of any third party about the member's conduct," Cher- niak said. Th e hearing continues this week. With fi les from Ravi Amarnath. Marketplace HELP WANTED Our company is looking for part time work from home Account- Managers, Bookkeeper and Sales Representatives are needed to work on their own fl exible schedule time. It pays $3000-$4000 a month plus benefi ts and takes only a little of your time. Please contact us for more details. 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