Law Times

June 26, 2017

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Page 16 June 26, 2017 • Law Times LSUC HONOURS FORMER TREASURER CONWAY Thomas G. Conway has been selected to receive a Doctor of Laws, honoris causa, from the Law Society of Upper Cana- da, at a Call to the Bar ceremony in Ottawa on June 23. Called to the bar in 1989, Con- way was first elected as a bencher of the LSUC in 2007. He went on to become the law society's 64th treasurer in 2012. "I am very grateful to the benchers for granting me this honorary doctorate, but am more grateful still for the confidence that they showed in me when they gave me the singular opportunity of leading the law society during a memorable time in its history," Conway told Law Times in an email. LSUC Treasurer Paul Schabas will award the honorary LLD to Conway, who will then deliver the keynote address to the 256 new lawyers attending the ceremony. COURT RULES CLASS ACTION CAN PROCEED The Ontario Court of Ap- peal has ruled that a class action lawsuit against personal injury law firm Neinstein LLP can proceed. In a recent decision, the court upheld almost every part of a Divisional Court ruling cer- tifying the suit, which alleged the firm's contingency fee agree- ment with clients did not comply with the Solicitors Act. The plaintiff, Cassie Hodge, retained Gary Neinstein and his personal injury firm after she suffered injuries in a car accident in 2002. After her claims were set- tled, she brought her applica- tion alleging the contingency fee agreement she signed was improper and that the firm took unauthorized fees without the permission of a judge. From an "all-in" $150,000 settlement that was reached in 2010, Hodge received just $41,906. The firm took $20,325 in legal fees, $30,000 for a "party- and-party costs portion" and $48,924 for disbursements. Hodge contended that the agreement was in violation of s. 28.1(8) of the Solicitors Act, which holds that lawyers cannot take fees from costs. While the firm argued that the application fails to disclose a cause of action, the Court of Appeal found that "it is not plain and obvious that a cause of action relying on s. 28.1 has no reasonable prospect of success." FINDING SKILLED PROFESSIONALS HARD Seventy-one per cent of Canadi- an law firms surveyed by Robert Half Legal say finding skilled professionals such as lawyers, paralegals and legal assistants is challenging. Of the survey's 150 respon- dents, 32 per cent will be ex- panding or adding new posi- tions and 44 per cent are worried about losing staff in the coming months to other jobs. YES, I AGREE 38 % 62 % NO, I DO NOT AGREE LAW TIMES POLL A Law Times columnist says that, given the responsibility to uphold the Charter of Rights and its associated values, Cana- dian lawyers should respect and defend press freedom. We asked readers if they thought press freedom in Canada was under threat. Thirty-eight per cent said yes, there are ongoing criminal cases involving journalists doing their jobs that concern them. Another 62 per cent said no, considering the international climate, Canada is a free, fair and open place when it comes to press freedom. LT u Bizarre Briefs By Viola James u The InsIde story Thomas G. Conway has been selected to receive a Doctor of Laws from the Law Society of Upper Canada. COURT RULES LOBSTERS MUST NOT SUFFER BEFORE COOKING FLORENCE — Italy's highest court ruled on June 16 that lobsters must not be kept on ice in restaurant kitchens because it causes them un- justifiable suffering before they head for death by fine dining, according to Reuters. Judges accepted a complaint by an animal rights group against the owner of a restaurant near Florence who kept live crustaceans on ice, ordering him to pay a 2,000-euro fine ($2,954) and a further 3,000 euros in legal fees. Upholding a sentence by a lower court, the Cassation court ruled that the fact that lobsters are usually cooked while still alive does not mean they can be mistreated beforehand. "While the particular method of cooking can be considered legal by recognizing that it is commonly used, the suffering caused by detaining the animals while they wait to be cooked cannot be justified in that way," the judges wrote. Rather than keeping lobsters and other crustaceans refrigerated, the court said it was already common practice in high-level restau- rants and even supermarkets to keep them in oxygenated water tanks at room temperature. MAN ARRESTED FOR DRIVING PET LION IN PAKISTAN ISLAMABAD — Police in Pakistan have arrest- ed a man who took his pet lion for a night-time drive through the streets of the city of Karachi after video of the incident went viral on social media, reports Reuters. Keeping wild cats as pets is not uncommon in Pakistan, where wealthy business people have been known to operate private zoos and sometimes parade the animals for the public. The brief video clip shows a docile lion loung- ing in the back of a pickup truck, restrained by a leash and collar, as curious onlookers walk past in the city of about 20 million people. Businessman Saqlain Javed was arrested on June 14, but he was later freed on bail, according to Reuters. "The man was driving around with his lion near a local market and it was a matter of endan- gering public life and property," senior police su- perintendent Muqadas Haider told Reuters. Javed has a licence to run a personal zoo and raise lion cubs, Haider added, but he is not al- lowed to transport the animal on city streets. The lion has been returned to its home as po- lice consult the wildlife department on further action. Javed was not immediately available for comment. Police said he claimed to be taking the ani- mal home after a visit to a vet. CAR THIEF FOILED BY MANUAL TRANNY SYDNEY, Australia — A carjacker turned into a driving disaster when he failed to steal a vehicle because he couldn't operate a manual transmis- sion, according to Only able to drive a car with an automatic transmission, the would-be thief made off car-less. On June 19, a woman was in her car stopped at a set of traffic lights when the man ap- proached the driver's side of the car and opened her door. He pulled on her arm and demanded she get out of the car. "As she got out, he jumped into the driver's seat and attempted to drive the car; however, he was unable to drive a manual," the police said in a statement. Instead, he reached into the footwell and grabbed the women's purse before f leeing. Later that night, police arrested the 41-year- old man on unrelated matters. While searching him, they found the woman's purse containing her credit cards and identification. The man was charged with robbery and as- sault with intent to take/drive vehicle. He was refused bail and appeared at Central Local Court on June 20. LT "It automatically comes up with regulations for new artificial intelligence technologies." How the legal community in Ontario gets its news @lawtimes | 416.609.3800 | 1.800.387.5164 Online Free preview SUBSCRIBE TODAY AND RECEIVE: • 40 issues a year covering Ontario's legal landscape • FREE digital edition and unlimited online access to past issues • FREE Canadian Legal Newswire, a weekly e-newsletter from the editors of Law Times and Canadian Lawyer Subscribe to Law Times today! Untitled-5 1 2017-06-20 9:31 AM

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