Law Times

Page 6 December 14, 2015 • Law Times www.lawtimesnews.com COMMENT A class action Christmas Twas the night before Christmas and defence lawyers were defiant, No one wanted to miss billing a corporate client; Potential class action briefs were hung by the entrance with care, In the hopes that saints Strosberg, Koskies, or Siskinds soon would be there; e associates sat smug in their Harry Rosen suits, With visions of annual bonuses, they prepared for their moots; Justices Perell in his robes and Belobaba in his cap, Waiting for Merchant Law Group to raise a big flap; When out of the blue arose such a clatter. Chief Justice Strathy jumped up to see what was the matter; "Line up the judges," he yelled with a grin, A class action is coming and someone will win; A carriage motion arose, came in like a flash, Eight plaintiff law firms competing for cold, hard cash; e fight was settled, but the war was not won, A certification motion beckoned, come on everyone! Alas, alas, not wanting to be outdone, e defence law firms lined up one by one; ey jockeyed for position and sought out their clients, e best firms of all, they landed the giants; On Torys, on Norton, on McCarthys, and Blakes, On Oslers, on Stikemans, no prisoners will we take! ere was Peebles, Sutton, Jackson, and Block, Zarnett, D'Silva, and Kay made a high-priced flock; Defend, defend because that's what we do, Deny all their claims — they should not sue; Statute barred, no reliance, that's what we say, Our clients are innocent, alas let us pray; e plaintiffs fight back with all of their might. Lascaris, Rochon, and Baert put up a valiant fight; Clever arguments they raise not to be outdone, e judges will listen to pretty much every one; With 30 per cent in fees sitting at stake, No far-reaching argument is too much to make; Negligence, non-disclosure are only a few, Products' liability and breach of privacy, too; e battle raged on, the motions they flew, e arguments were piercing, but nobody knew; e Supreme Court sat waiting to spoil all the fun, With mixed rulings in Green favouring virtually no one; Undaunted, counsel returned to their offices with fright, No more billables for all, at least not for tonight; Tomorrow, however, spawns a new day, Plaintiff lawyers seeking justice will surely show the way; e torts they will fly and arguments will spill, e Wild West of class suits gives everyone a thrill; As Christmas approaches, please pause from your fight, Happy Christmas to all and to all a good night! Enjoy the holidays and we'll see you in 2016. 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Cohen Editor . . . . . . . . . . . . . . . . . . . . . . . Jim Middlemess Staff Writer . . . . . . . . . . . . . . . . . . . . . . Neil Etienne Staff Writer . . . . . . . . . . . . . . . . . . . . Yamri Taddese Copy Editor . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editors . . . . . . . . . . . . . Adela Rodriguez & Jennifer Wright Art Director . . . . . . . . . . . . . . . . . . Alicia Adamson Production Co-ordinator . . . . . . .Sharlane Burgess Electronic Production Specialist . . . Derek Welford Law Times Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 • Tel: 416-298-5141 • Fax: 416-649-7870 www.lawtimesnews.com LT.Editor@thomsonreuters.com • @lawtimes Duffy defence starts with a dollop of sugar er eight months of waiting, Senator Mike Duffy finally had a chance to tell his own story in his own words from the witness stand, his first major utter- ances since his trial started last April. What the court got from the roly-poly guy with a serious heart condition was a tale that enthralled the court audience for hours. Duffy was all sweetness and light telling us at length about his early days, how he came to be a famous journalist with all its ups and downs, and the loss of his immediate family because he worked "too hard," he said, in order to score his early journalistic success. Duffy, the teller of tall tales, began sweetly with a loveable story of his early days on Prince Edward Island, his even- tual rise through the ranks of the Canadi- an news media in Montreal and Ottawa until in 2008, when he made the jump into federal politics as a Conservative senator at the request of former prime minister Stephen Harper. By early aer- noon, he was into his medical condition and his professional career. It was a dramatic, moving appeal for public understanding and sympathy. But this is a trial by judge alone. ere is no jury to sway. So who was he playing to? e television audience? Duffy faces 31 charges of fraud, breach of trust, and bribery. Most of the charges are related to travel and staff expenses he claimed as a sena- tor. He has pleaded not guilty to all of the charges. ere is also the issue of the $90,000 Duffy received from Nigel Wright, Harp- er's chief of staff, so Duffy could pay the money that he owed to the Senate. If found guilty, Duffy could end up with several years in jail. But the start of his testimony was all about his early years as a journalist in ra- dio and print in P.E.I., then in Ottawa and Montreal. It was more career recollection than show trial. Duffy said he joined CBC Radio in the middle of the 1974 election and ended up being sent several times to trouble spots around the world. However, the demanding job wrecked his marriage, and his wife obtained a di- vorce, Duffy said. "And it's my fault. I worked too hard, so I lost my kids," Duffy testified, visibly moved. "ey moved away eventually as far as B.C. And I had a lost decade, where every time I went by a schoolyard I wondered what my kids were doing." One unkind reporter in the back of the courtroom was heard muttering, "Give me a break." Duffy said he eventually moved to CBC- TV and later CTV News. He spoke about his current wife Heather, a nurse he met aer having heart surgery in Ottawa. He said she helped him with recovery, and he credits her for saving his life. In 1992, days before they were to be married in Pembroke, Ont., he suffered a heart attack. e marriage ceremony was held at the University of Ottawa Heart Institute. Aer listening for two hours, Judge Charles Vaillancourt adjourned the trial for a lunchtime recess. Finally getting around to his relationship with the for- mer prime minister by mid-aernoon, Duffy explained how he was courted by Harper in 2008 and was brought in as a Conservative senator to help solve Harper's credibility problem with the electorate. Duffy says he took the senate job al- though he maintains he was not a Con- servative at the time. "Nothing in my life, Mr. Bayne, has been simple or straight- forward," Duffy said under questioning by his lawyer Donald Bayne. Duffy's unusual defence strategy took some news media in the courtroom by surprise. Many had come expecting a harsh political attack on Harper, featuring the kind of patented fireworks that Duffy had promised several times on Parliament Hill. Instead they got "the Old Duff " as he is called sometimes in the press gallery on Parliament Hill, trying to be as sweet as sugar without blaming Harper for everything. LT uRichard Cleroux is a freelance re- porter and columnist on Parlia- ment Hill. His e-mail address is richardcleroux34@gmail.com. A The Hill Richard Cleroux u EDITORIAL OBITER By Jim Middlemiss

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