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PAGE 4 NEWS STAY CURRENT ON THE LATEST CRIMINAL LAW LEGISLATION THE CRIMINAL LAW ONTARIO PROVINCIAL GUIDES The Ontario Provincial Offences Collection delivers stunning insight into the province's current legislation, statutes and regulations, with a maintained focus on criminal offences. HANDLING PROVINCIAL OFFENCE CASES IN ONTARIO 2012 JOHN PEARSON ALLEN, B.A., B.SC., LL.B., LL.M. AND THE HONOURABLE JUSTICE RICK LIBMAN PART OF THE CANADA PRACTICE GUIDES CRIMINAL SERIES Co-authored by John Allen and Justice Rick Libman, this text provides systematic guidance for defending and prosecuting provincial offence cases in Ontario, ranging from driving offences to complex occupational health and safety violations, as well as environmental protection infractions. NEW IN THE 2012 EDITION • Amendments stemming from the Good Government Act, 2011, S.O. 2011, c. 1 • New forms for Constitutional Questions • Case law updates including R. v. Vellone (notice of constitutional questions), R. v. Andrade (unreasonable delay); and R. v. Petruzzo, (bilingual traffic signs) ORDER # 985025-65203 $70 Softcover August 2012 approx. 400 pages 978-0-7798-5025-9 Annual volumes supplied on standing order subscription NEW EDITION THE 2012 ANNOTATED ONTARIO PROVINCIAL OFFENCES ACT MURRAY D. SEGAL AND JUSTICE RICK LIBMAN The 2012 Annotated Ontario Provincial Offences Act offers everything a practitioner needs to confidently handle proceedings under an Ontario statute, from beginning to end. NEW IN THE 2012 EDITION The 2012 Annotated Ontario Provincial Offences Act incorporates all the legislative and case law developments that have occurred since the publication of the previous edition. It includes: • O. Reg. 108/11 which amends O. Reg 462/11 • Amendments to the Regulations of the Evidence Act stemming from the Family Law Act • Amendments to the Regulations of the Provincial Offences Act stemming from the Accessibility for Ontarians with Disabilities Act ORDER # 985086-65203 $123 Softcover August 2012 approx. 960 pages 978-0-7798-5086-0 Annual volumes supplied on standing order subscription ONTARIO PROVINCIAL OFFENCES 2013 POCKET EDITION CONTRIBUTING EDITOR: MICHAEL V. GIGLIO, B.A., J.D., OF THE ONTARIO BAR Get convenient access to current statutes and regulations that create and govern the most commonly charged provincial offences. New legislation covered in this edition includes: • Animal Health Act, 2009, S.O. 2009, c. 31 (Selected Provisions) • Forms, O. Reg. 108/11 (made under the Provincial Offences Act) • Automobile Insurance Reporting Information, O. Reg. 239/10 (made under the Compulsory Automobile Insurance Act) • Short-term Vehicle Impoundment Under Section 55.2 of the Act, O. Reg. 415/10 (made under the Highway Traffic Act) ORDER # 985079-65203 $93 Softcover August 2012 approx. 3060 pages 978-0-7798-5079-2 Annual volumes supplied on standing order subscription Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. August 20, 2012 • LAw times taxpayers $125K, lawyer says Complaint by plaintiff's counsel follows Crown delay costs BY KENDYL SEBESTA Law Times Superior Court ruling in Seed v. Ontario comment on Baert's complaints about the Crown's actions, saying in an e-mail than $125,000 in costs aſter the province delayed delivering its position in a class action involving a Brantford, Ont.-area school for the visually impaired, a lawyer for the plaintiffs says. Kirk Baert, a partner at Koskie Minsky Taxpayers are on the hook for more LLP who represents the plaintiffs in Seed v. Ontario, claims Crown lawyers John Kelly and William MacLarkey stalled a motion for certification months before setting out their position in their legal filings. Baert says the motion should have taken a day to complete. "The defendant for five to Law Times that "as this matter remains before the court, it would be inappropriate to comment." Kelly and MacLarkey couldn't be reached to explain their version of events. According to the province' filed in Seed, the plaintiff had brought forward no facts to show the Crown had acted in its own interests and against those of the school' s factum students at the time of the alleged abuse. But this isn't the first s time the Crown has been accused of wasting taxpayer money. In a case before was utterly unable to decide as to whether or not it would oppose certification, and if so, to provide reasons as to why, should have proceeded on consent didn't and now we have more than $125,000 to spend courtesy of the taxpayers." According to Superior Court Justice "So a motion that " says Baert. Carolyn Horkins' cost order in Seed, Baert had asked Crown counsel consent to certification within four days in November 2011. During that time, Baert also wrote to Crown counsel and made an offer to settle. But Crown counsel rejected the offer and didn't provide its factum and decision until March 2012. "There is nothing to opposing certification, but the defendant is expected to say they oppose it," says Baert. "This shouldn't have been a wrong with challenging request to get an answer to. just chasing them down and now the taxpayers are paying for it." Horkins made the cost award of more Instead, we wasted a lot of time than $125,000 against the province earlier this month. She cited the Crown' as a factor in it. "Given the way the defendant s actions approached this certification motion, it is not fair for the defendant to now say that the time spent on the certification motion was excessive, her cost order. "For months, the defendant leſt the " wrote Horkins in plaintiffs guessing as to why it would not consent to certification." Kelly and MacLarkey had argued the AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 requested costs were excessive because they were beyond the amount in Slark v. Ontario. They also relied on Slark to oppose the earlier certification in March. Slark was the first of a series of systemic 'The defendant was utterly unable to decide as to whether or not it would oppose certi- fication, and if so, to provide reasons as to why,' says Kirk Baert. money. The matter arose aſter counsel for the government in the matter sought to dismiss a legal action filed by the company aſter the province cancelled all offshore wind projects in February 2011. Horkins certified Seed as a class and only advancing procedural arguments and thereby wasting both time and public the Superior Court of Justice last week in Toronto, lawyers for Trillium Power Wind Corp. also accused the province of delaying production of its statement of defence action in April 2012. The case involves allegations by Robert Seed, a former student who attended the W. Ross MacDonald School for the visually impaired from 1954 to 1965. Seed alleged the Ontario government failed to operate the school or supervise its staff in a way that ensured the safety and well-being of its students. Seed and other members involved in the class action allege physical, mental, and sexual abused by staff and others while attending the school. According to the allegations in Seed, students had objects were force-fed if they didn't finish their meals, were called names, were sexually abused by staff and other students, and beaten. Their visual disabilities were also used against them. "Several of the house parents whipped thrown at them, the students in the shower rooms with towels. They would snap the towels against the students so hard that it would leave welts," wrote Horkins in a description of the evidence put forth. "These same house parents used to abuse cases. Ontario unsuccessfully challenged certification and the court denied leave to appeal it. The court awarded roughly $100,000 in fees against the province. Ministry of spokesperson Marya Winter declined to the Attorney General www.lawtimesnews.com sneak up on the students and hit their legs so hard that it caused the students to collapse on the floor in pain. Students eventually started doing this to each other and it became a game to see who would collapse. The house parents promoted this kind of behaviour. On one occasion, a number of students took turns hitting another student in the leg and this student ended up in the hospital. proven in court. The class is seeking $200 million in damages for alleged events from 1951 to the present. LT None of the allegations have been "

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