Law Times

PAGE 4 NEWS Crowns object to ruling on overtime pay Continued from page 1 been paid for the items in the previous fi ve years. Replacement clothes are to be reimbursed "where existing items are no longer serviceable," and the department's lawyers are also entitled to a reimbursement of up to $100 for the cost of a new courtroom shirt each year. For its part, the association's application for judicial review is asking the Federal Court to reduce the implementation period for the over- time component of the award to 90 days from the 120 days set out by the arbitrator. "On our reading of the act, he exceeded his jurisdiction," says Mendicino. "Th e Public Service Staff Relations Act essen- tially states the implementation period for any ar- bitration award has to be 90 days, save and except on consent of the parties," he adds. "We're saying, in that one-month span, many lawyers could work signifi cant overtime. Th at's the rationale." He notes the association is saving its dis- content with other aspects of the award over overtime until the next round of bargaining for a subsequent collective agreement. Th e union had objected to several areas, including the fact that on any day when actual hours worked are more than 7 1/2 but less than 8 1/2, the lawyer shall be deemed to have worked 7 1/2 hours. "I know of no precedent anywhere for such clause," the association's nominee to the arbitra- tion panel wrote when the award was released. While the government's request for judicial review covers several areas, Mendicino says the association's application is direct and limited. "Th e remedy for us is quite straightforward," he says. "If we prevail, and we have every hope and optimism that we will prevail, it will allow those hard-working lawyers who put in excess hours over the course of four weeks to start claiming that compensation earlier than they are allowed to right now." A spokesman for Treasury Board was unable last week to reach legal or departmental represen- tatives to comment on the court actions. LT January 11, 2010 • Law Times Lawyer admits violating rules Continued from page 1 the reason for her upset, it was determined that the ac- cused had sex with all three daughters. A family crisis ensued. Th e accused was confronted and admitted his actions." Th e judge ruled that Budd's privileged position within the family compelled Mrs. D. to entrust him with the safety and well-being of her daughters. "Th ere is no doubt that the accused deceptively cam- oufl aged the sexual nature of his relationship with A.D., at least in the beginning, and capitalized upon the trust position in which he found himself with [her], just as he had with [her sister]." Budd was sentenced to nine months in jail. His ap- peal was later dismissed, as was his application for leave to appeal to the Supreme Court of Canada. 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After being in custody for about three months in 2007 and 2008, Budd served the remainder of his sentence in the community. His disciplinary hearing took place over four days last March and September, when Janet Leiper, the respondent's counsel, submitted several mit- igating factors that the hearing panel acknowledged as valid. Numerous personal and professional references intro- duced during the proceed- ings attested to the lawyer's strong character as well as his previously unsullied dis- ciplinary history. Budd's capacity to con- CL0210 For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. FINLAY_Electronic Documents (LT 1-4x3).indd 1 1/6/10 8:19:21 AM tribute to the profession was also unchallenged, while his likelihood to reoff end was estimated to be low. "However, those factors do not suffi ciently address and mitigate the distrustful, deceptive, and prolonged na- ture of the sexual exploitation of two young persons in this case," Heintzman wrote. Th e panel also rejected To advertise in an upcoming issue, contact our sales team: Karen Lorimer 905-713-4339 karen.lorimer@thomsonreuters.com Narrow 1/8 - 3X.indd 1 Kimberlee Pascoe 905-713-4342 kimberlee.pascoe@thomsonreuters.com www.lawtimesnews.com 2/15/11 2:44:55 PM assertions that Budd had ac- knowledged his misconduct as well as evidence that he had apologized to the family of his victims. "We are left with a lawyer who has had an outstanding career but who has commit- ted a crime and serious mis- conduct for a member of the profession that is based upon principles of trust and the protection of the weak and vulnerable." Th e breach of trust placed in the lawyer by the mother and her daughters was ulti- mately the basis of his dis- barment, according to the ruling. In separate law society pro- ceedings, two other Ontario lawyers have also recently lost Thomas Heintzman their licences to practise. London corporate law- yer Colin Cockburn was disbarred for professional misconduct after the panel ruled he practised law while suspended. Cockburn admits to violating the LSUC's guide- lines. "I fi nished off some fi les for clients," he tells Law Times. "I can't say I was treated unfairly." Th e law society had previ- ously suspended Cockburn indefi nitely for refusing to co-operate with an LSUC investigation and failing to produce documentation. He says the initial probe related to a series of com- plaints for "non-communi- cation" with clients. "My problem with the law society started with me telling clients to take a hike," he says. "By the time it got to the law society, I took the same attitude." He adds there was no money involved in any of the complaints against him and that he will continue to provide allowable services to his clients. "I'm now very knowl- edgeable about what they consider practising," he says. Bill Wong, a Toronto law- yer, was also disbarred last month in relation to a num- ber of violations, including misappropriation. Th e panel ruled Wong had failed to protect the in- terests of a client, whom he represented regarding in- vestments in a corporation in which the lawyer himself had an interest. Without authorization, Wong also unilaterally amend- ed a loan agreement to have $100,000 transferred from his client to himself, the law soci- ety said. Th e ruling found fault with a number of cash with- drawals from his trust ac- count for disbursements, one of which was fi ctitious while others had already been paid. Th e panel also ordered Wong to repay the law soci- ety's legal costs of $75,000. LT Editors: Bryan Finlay Q.C., Marie- W ith contributions from: Caroline Abela, Steve Doak, Paul D. Guy, Nikiforos Iatrou, Stephanie L. Turnham, David Vitale and John Wilkinson Andrée Vermette and Michael Statham

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