Law Times

PAGE 4 LSUC seeking to disbar Kimberly Townley-Smith NEWS stepped "over the limit" in her criticisms and should have her licence to practise revoked, coun- sel for the Law Society of Upper Canada said this month. Glenn Stuart made the com- A BY KENDYL SEBESTA Law Times Toronto lawyer who alleges multiple players in the justice system conspired against her the revocation of Ms. Townley- Smith' granting her permission to sur- render it is necessary, a three-member law society hear- ing panel during the proceedings. "Lawyers are required to and s licence as opposed to " Stuart told must critique the justice system but must not do so in a vexatious or belittling way. In my respect- ful submission, Ms. Townley- Smith' ment during misconduct pro- ceedings does not share that commitment lawyer, Kimberly Townley- Smith, at the law society on June 7. Townley-Smith' against the Toronto pute on behalf of a client, who had previously fought a legal battle with Warner Bros., is at the core of the law society' s lengthy dis- duct proceedings against her. "It is my respectful submission s miscon- that when we look at all the evi- dence, the nature of Ms. Town- ley-Smith' obligations of a lawyer, we reach the inevitable conclusion that s misconduct, and the s conduct has shown she 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 on behalf of Baryluk against Warner Bros. and its counsel. to upholding that rule of law." Townley-Smith had her li- cence to practise law suspended on an interlocutory basis in June 2010. She has also attempted to resign from practising law. A three-member hearing panel made up of law society benchers Ross Murray, Virginia MacLean, and Jan Richardson had made a finding of pro- fessional misconduct against Townley-Smith in April. December 2007 Action commenced by Townley-Smith on behalf of Baryluk against justices Colin Campbell and John Wilkins, as well as Master Ronald Dash. November 2008 $2,864 awarded against actions in Warner Bros. matter. Baryluk for July 2009 Townley-Smith found personally liable for action against judges and master. Court orders her to pay half of $51,740 in costs. at the misconduct hearing on June 7 that included submissions from the law society on costs, the one in April when the panel made a find- ing of professional misconduct, or the one in December 2011 involv- ing the allegations against her. Stuart told the panel the law Townley-Smith didn't appear society had sent several letters and e-mails and made telephone calls to Townley-Smith in May and June. However, the LSUC's Kimberly Townley-Smith's legal saga 2010 Baryluk's new counsel settles the Warner Bros. action. Baryluk files suit against Townley-Smith. Law society suspends Townley-Smith's licence after commencing disciplinary proceedings against her. February 2012 Baryluk's lawsuit and Townley-Smith's countersuit dismissed for delay. April 2012 Law society panel makes findings of misconduct against Townley-Smith. have not heard from Ms. Town- ley-Smith, and she is not here with us, we have no idea why she did what she did, tribunal office noted the e-mails came back with an error mes- sage and the telephone calls leſt no option to leave a message for Townley-Smith. "Unfortunately, because we during the hearing. "Barring any backing down " said Stuart by Ms. Townley-Smith or an apology, the revocation of her li- cence is required, in my respect- ful submission." The law society' tion for revocation of Townley- Smith' s applica- plaints against her that prompt- ed the LSUC to issue a notice of application accusing her of pro- fessional misconduct. The com- plaints stemmed from a copy- right dispute involving Warner Bros. and Townley-Smith' s licence follows com- mer client, Kim Baryluk, as well as a series of related matters. Townley-Smith has also s for- ONTARIO LAWYER'S PHONE BOOK 2012 YOUR MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. 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Includes lists of: • • • • Federal and provincial judges Federal courts, including a section for federal government departments, boards and commissions • Ontario courts and services, including a section for provincial government ministries, boards and commissions The Institute of Law Clerks of Ontario Small claims courts • Miscellaneous services for lawyers Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation CANADIAN LAW LIST www.lawtimesnews.com OLPB - 1-2 page 4X.indd 1 1/20/12 10:42 AM Fax and telephone numbers, e-mail addresses, office locations and postal codes launched a lawsuit against the law society alleging it has mishandled her case. In addition, she has made allegations of conspiracy and cor- ruption against the administration of the Superior Court, the Court of Appeal, the Ministry of the At- torney General, a Manitoba judge, opposing counsel in the Warner Bros. matter, and LawPRO. "There' Townley-Smith was alleging about the entire justice system," Stuart told the hearing panel. "We see more and more peo- s no basis to what Ms. June 18, 2012 • Law Times ple become the subject of her wrath as the matter proceeds. The court has shown time and time again that is not an accept- able form of advocacy. Lawyers must be courteous and respect- ful, not diminish the court." Law Times couldn't reach Townley-Smith for comment. A blog maintained by someone claiming to be Townley-Smith alleges harassment by the law society. "I was and technically still am a lawyer in Ontario," an entry from the blog reads. "Six years ago, I caught a bad judge in a little cheat and decided to do something about it; sued the judge (you can you know). We lost, but we didn't just lose. A chase ensued. It still goes on. The Law Society of Upper Canada leads the way, but they are not alone. What nobody seems to get? There would be no need to chase me and harass me and pun- ish me for criticizing a judge and his colleagues, unless what I said was very inconveniently true. The hearing panel will issue a " ruling on the request to revoke Townley-Smith' missions on costs aſter it reserved its decision on June 7. Counsel for the law society is s licence and sub- requesting Townley-Smith pay roughly $30,000 in costs. Ac- cording to Stuart, $7,000 would be necessary to cover the costs of photocopying Townley-Smith' many court documents. LT s

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