Law Times

lAw Times • April 23, 2012 LSUC raps lawyer who sued judges Panel finds Kimberly Townley-Smith engaged in misconduct NEWS BY KENDYL SEBESTA Law Times T ronto lawyer who accused several members of the justice system, including judges and government offi cials, of conspiracy. "Ms. Townley-Smith has not he Law Society of Up- per Canada has made a fi nding of professional misconduct against a To- introduced any evidence to sup- port any of her allegations," wrote Bencher Ross Murray of lawyer Kimberly Townley-Smith. "She has shown complete contempt for and a total disregard for the entire judicial process." Writing on behalf of a three- ktsandthelawsociety.blogspot.ca alleges. Th e LSUC decision notes the is- band, the Wyrd Sisters. Baryluk claimed fi lm giant War- s Manitoba folk The long saga of Kim Baryluk and Kimberly Townley-Smith sues arose about six years ago when Townley-Smith began representing Kim Baryluk in a copyright dispute involving the singer' ner Bros. had used a similar name, the Weird Sisters, in the movie Harry Potter and the Goblet of Fire. Following a $140,000 cost award member hearing panel, Murray de- termined Townley-Smith engaged in professional misconduct for failing to maintain the integrity of the profession, failing to encourage respect for the administration of justice, and off ering evidence and opinions while acting as an advo- cate. Th e panel also found she failed to treat the court with fairness, courtesy, and respect; failed to act in good faith; and failed to co-operate with and respond to the law society. According to the panel' sion in the matter, Townley-Smith repeatedly sought to litigate issues of alleged conspiracy and corrup- tion against Superior Court judges in Toronto, court staff , the Ministry of the Attorney General, a Mani- toba judge, and several lawyers. It found she sought to have opposing counsel and judges removed from a lawsuit she was involved in sev- eral years ago based on their alleged misdeeds that included improper conduct and criminality. But a blog maintained by s deci- in favour of Warner Bros., Townley- Smith fi led a lawsuit on behalf of Baryluk against Superior Court justices Colin Campbell and John Wilkins, as well as Master Ronald Dash. All of them had been in- volved in the Warner Bros. matter at some point. Th e lawsuit claimed the judges had committed fraud and conspiracy against Townley-Smith' client. Th e case was unsuccessful and resulted in a $100,000 costs award to be split between Baryluk and Townley-Smith. Following s against her, Baryluk sued Townley- Smith. Baryluk claimed she never consented to the litigation against the judges. She also maintained she wasn't aware of other actions com- menced by Townley-Smith that made similar allegations of con- spiracy and corruption. According to Baryluk v. Town- several rulings ley-Smith, the singer claimed general damages for negligence, breach of contract, breach of trust, and breach of fi duciary duty in the amount of $1 million. She also sought $500,000 in special damag- es against Townley-Smith for negli- gence and an additional $500,000 in punitive damages. Baryluk has since written letters someone who claims to be Townley-Smith maintains the al- legations have merit and that the law society has been abusive to- wards her. "Although I believe the Law Society' has been unusually bad due to its particular context, the overall im- pression I have is that the types of failures that have occurred here — botched investigations, im- proper personal interests of Law Society staff and Benchers, pro- ceedings commenced to protect connected members of the legal establishment not the public — are not uncommon," the blog at s conduct in my case in fact, Townley-Smith fi led a coun- terclaim and statement of defence. In it, she sought $750,000 in gen- eral damages, $1 million in punitive damages and $500,000 in addition- al damages. Th e court, however, issued an order dismissing Baryluk's case In response to Baryluk's lawsuit, s consent. September 2005: Townley-Smith begins copyright action against Warner Bros. on behalf of her client, Kim Baryluk. June 2006: Justice Colin Campbell awards costs to Warner Bros. in the amount of $140,000. November 2007: Contempt action begins in the Ontario Superior Court in Ottawa against Warner Bros. and its counsel. December 2007: Action commenced by Townley-Smith on behalf of Baryluk against justices Campbell and John Wilkins, as well as Master Ronald Dash. November 2008: $2,864 awarded against Baryluk for actions in Warner Bros. matter. July 2009: Townley-Smith found personally liable for action against judges and master. Court orders her to pay half of $51,740 in costs. 2010: The Warner Bros. action is settled by Baryluk's new counsel. Baryluk files suit against Townley- Smith. February 2012: Baryluk suit and Townley-Smith countersuit dismissed for delay. Smith also launched an ongoing lawsuit against the law society over claims the regulator mishandled her case. While Townley-Smith declined In the meantime, Townley- an interview, the blog maintains she no longer wishes to practise law. "If the Law Society of Upper Canada is going to disbar someone for hav- ing the courage to stand up when a judge does something wrong, and if I am going to lose my career for try- ing to do the right thing, then forget duty, integrity, and truth. Th e Law Society does not stand for anything to the judges apologizing for the lawsuit initiated by Townley-Smith. But Townley-Smith maintains she had Baryluk' it says it stands for, lawyers do not mean what they say, and I don't want to be one, posted last year. Th e law society suspended Townley-Smith on an interlocutory basis in June 2010. She didn't appear in person at the hearing last year to respond to the allegations against her. Th e law society now will set a " reads one entry the notice of application," wrote Murray. Still, Townley-Smith may not PAGE 3 date to hear submissions on pen- alty. "Th e hearing panel is satisfi ed that there is clear and cogent evi- dence to support fi ndings of pro- fessional misconduct with respect to all of the particulars set out in be too upset, according to the blog. "If the price of continued admis- sion to the Bar is that I have to stand by and be silent while judges and lawyers rip up the law, slip into crime, and hurt people in the pub- lic that they are supposed to serve, and expect to get away with it be- cause they can and because they are connected, then here. Take my license. You can have it. I don't want it anymore, post from last year. CHOOSE FROM CANADA'S TOP MEDIATORS AND ARBITRATORS We are pleased to announce that Frank Zaid, has joined ADR Chambers, and is available to conduct mediations and arbitrations. Frank will serve as the Chair of the Franchising Expert Panel. on Feb. 6, 2012. According to the order, the court dismissed the ac- tion for delay under Rule 48.14. Th e court has dismissed Townley- Smith' s counterclaim as well. Frank Zaid B.A.Sc. (Chem. Eng.), LL.B (Hons.) adrchambers.com | adr@adrchambers.com 416.362.8555 | 800.856.5154 Untitled-1 1 www.lawtimesnews.com His extensive experience in franchising includes being involved with over 300 franchise systems, and participating as an owner/investor as both franchisor and franchisee in several franchised businesses. Frank has 40 years of experience in business law with an emphasis on franchising, licensing, intellectual property, marketing and distribution law. He has been consistently nominated by his peers as the most frequently recommended franchise lawyer in Canada and one of the most frequently recommended franchise lawyers in the world. " reads another blog LT 12-04-19 8:23 AM

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