Law Times

PAGE 4 NEWS JUNE 2, 2008 / LAW TIMES Matlow told hearing he hoped to return to bench Continued from page 1 resigned before he was officially removed from office. The rare CJC inquiry com- mittee hearing — conducted in January, with a subsequent sitting held in April, after the committee requested further ev- idence from court staff — came about after City of Toronto so- licitor Anna Kinastowski filed a complaint in 2006. The complaint was regard- ing Matlow's decision to sit in 2005 on a three-judge panel that unanimously ruled against a city proposal for a streetcar right-of- way on St. Clair Avenue, a case known as the SOS case. Kinastowski alleged that the veteran judge shouldn't have sat on the panel because he was in- volved with a community group called Friends of the Village, which had opposed a develop- ment project proposed by the City of Toronto and a developer in 1999 known as the Thel- ma Project. The development was planned for an area near Matlow's home. At the January inquiry hear- ing, Matlow said he made an "er- ror in judgment" in sitting on the SOS case, but not an error in law. He said he remained impartial during the case: "I had no views about the merits of it . . . I didn't care at all what was going to hap- pen," he told the hearing. The supernumerary judge who hasn't been sitting on cases since April 2007 also told the hearing that he hoped to return to the bench in the future. The inquiry committee con- sisting of chairman Chief Justice of Newfoundland and Labrador Clyde Wells, Chief Justice of the Superior Court of Quebec Fran- çois Rolland, Supreme Court of the Yukon Territory Senior Judge Ronald Veale, Saskatch- ewan Crown prosecutor Maria Lynn Freeland, and St. Catha- rines lawyer Douglas Hummell, made several findings regarding Matlow's conduct. It found that, by failing to remove himself from sitting on any cases involving the City of Toronto after becoming a leader of Friends of the Village, "Justice Matlow has failed in the due ex- ecution of the office of judge." The committee also found DD LT RX3RDA-15 OP ad 5/23/08 3:15 PM Page 1 that because Matlow in Octo- ber 2005 had renewed his alle- gations of the city misconduct even after the community group had ceased operations while at the same time hearing the SOS application, he "has placed him- self in a position incompatible with the due execution of the of- fice of judge and has been guilty of misconduct." The committee's report goes on to say that Matlow's expres- sions of regret were of "limited nature," and failed to change their view of his actions. The report states that Mat- low failed to follow "generally accepted ethical standards for judges," and suggested that it seemed he wouldn't act differ- ently in the future. "Justice Matlow's currently expressed views as to the propri- ety of his conduct at the time, and his current views as to con- duct appropriate for a judge who becomes concerned about what he or she perceives as miscon- duct in public office, indicate little or no prospect that Justice Matlow would conduct himself differently in the future," states the report. At the inquiry, Matlow said he knew his decision to sit on the SOS case was something many other judges wouldn't have done, but said, "Every judge has to use his own discretion," as they are not subject to any specific code of ethics. He said the decision reflected his desire to "fulfill my own concept of a decent human being and judge." Matlow said he saw no simi- larities between the project he had opposed as part of Friends of the Village and the SOS case. He added that he believed counsel for the city acting on the SOS case knew of his involve- ment with Friends of the Vil- lage, and would have expressed any concerns about his sitting on the case, but did not do so. But Matlow admitted that he would have acted differently on the matter in some ways. He told the hearing that he shouldn't have given documents to the Globe and Mail regarding his criticism of the Thelma Proj- ect — which included criticism of city lawyers — a day before sitting on the panel that heard the SOS case. Matlow said he renewed his opposition to the Thelma Proj- ect at that time because of the release of a report on the MFP computer-leasing scandal at the City of Toronto. He told the hearing that he was "struck by the similarity" between the Thelma Project and MFP. Sabourin, speaking at press time, says the council has not received any response from Mat- low or his lawyer regarding the report's findings. "The key decision, obviously, will be when the council deliber- ates the report and at that time will of course take into account any submissions Justice Mat- low wishes to make, and any submission by the independent counsel," says Sabourin. LT Secretary was battling cancer Continued from page 1 With over 20,000 Office Products finding what you want is easy. 31%save UP TO Pacesetter High Bright Multipurpose Paper Premium Multipurpose Paper compatible with Litho, Mono InkJet, Copier, Laser and Fax printers. Jam free. Acid free. 20lb. Extra White - 98 Brightness BUY 3 OR MORE LETTER SIZE & PAY ONLY $34.99/ctn. C 38794610 Letter - 8 1/2" x 11", 5000 sheets . . . .$37.99/ctn. 38794614 Legal - 8 1/2" x 14", 5000 sheets . . . . .$49.99/ctn. 38794620 Tabloid - 11" x 17", 2500 sheets . . . . .$39.99/ctn. 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When I get a parking violation, it's the prime minister's lawyer that got a parking violation. I understand, and ev- eryone's having a field day on it." Montenegrino represented Harper in 2006 when Harper's for- mer chef from his time as Opposition leader sued him for wrongful dismissal after Harper became prime minister. The case was settled out of court. He has also registered as a lobbyist for a range of companies, in- cluding a U.S. space firm that failed to get federal approval for the acquisition of a Canadian firm that designed the Radarsat surveil- lance satellite. The Harper cabinet scuttled the bid on grounds it would harm Canadian sovereignty. Asked how his ordeal has affected his work, Montenegrino re- plied: "I'm taking two months off; I need the break." Montenegrino displayed frustration with the self-regulated disci- plinary system for benchers. "I'd really love to talk to you about that because I experienced it first-hand," he says. "I would love to do that, but I would rather not." But he went on: "How about a lawyer that had his client in support, that the client did not complain, that the client continues to support, the client says he is an exceptional lawyer, that the client says that on one occasion he reduced an account substantially to assist the client, and is there in support; and the lawyer directs a non-staff member, makes a mis- take, it's a trivial amount of money, less than one-quarter of one per cent of what he has billed? "Yeah, that's me." LT Marketplace COUNSELING Dr. Valentin Shulman - Helping legal professionals to overcome depression and stress since 1989. Individual sessions, telephone coaching. Call (416) 766-6185. To advertise call 905-841-6481 W e ' r e a y C a n a p d i m a n o a n

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