Law Times

PAGE 4 City solicitor's presence 'out of the question' NEWS Continued from page 1 for members of councils to oc- casionally meet behind closed doors. "Municipal councils go in closed sessions all the time and almost always for justifi able and legitimate reasons," he says. "I acknowledge that there ap- pears to be a greater push for transparency and accountability. But I maintain that there is noth- ing inherently wrong with a coun- cil deciding that some matters . . . [are] better discussed in a venue ANNOUNCEMENTS other than an open public forum." In the Sudbury case, some council members refused to talk to ombudsman investigators without having a lawyer present. Mascarin says he understands that legal representation isn't necessary but suggests that those who do want to have a lawyer present should be able to do so. "I understand and appreciate the ombudsman's position but I believe that a witness is entitled to have legal counsel present if he or she requests it, notwith- standing that the investigation may be only a fact-fi nding ex- ercise and not be adversarial in nature, ONTARIO JUSTICE EDUCATION NETWORK OJEN is the success story the justice community helped write! With your support, over 1,000,000 people had a positive first interaction with the justice system, learned about court procedure by participating in mock trials, or gained greater appreciation for the courts as a cornerstone of our democratic society. That's something to celebrate! Buy tickets at: Untitled-2 1 Join us for our 10th Anniversary Party Thursday, October 25th 2012 6:30 p.m. – 9:00 p.m. Steam Whistle Brewery 255 Bremner Blvd., Toronto Individual ticket price: $75 ($50 charitable tax receipt) Block of 10 tickets: $750 (business receipt available) Block of 10 tickets + 2: $900 2 extra for teachers or youth (business receipt available) www.ojen.ca 12-09-24 3:22 PM should be part of the process, only that they may be part of the pro- cess if so requested by a witness." For Marin, the issue is a dif- "I am not saying that lawyers " he says. fi cult one. He generally discour- ages the presence of lawyers. His point is that councillors are under no legal jeopardy during interviews and are merely wit- nesses in the investigation. He' comes to the question of having the municipality' present, something that happened in the Sudbury case. "Allowing the city solicitor to sit in on our inves- tigators' interviews is totally out of the question," he said. "Th e city solicitor is con- s particularly fi rm when it s own lawyers fl icted. You cannot represent the city' of all councillors collectively without compromising all of them." Representatives for the Sud- s interests and the interests bury and London councils didn't respond to requests for comment. LT MP taking petition to House of Commons Continued from page 1 has decided Temelini's cause is worth going to bat for. In 2009, Th ibeault met with and encour- aged the then-RCMP commis- sioner to bring some sort of a conclusion to Temelini' year battle. Th is year, he's taking Temelini's petition to the House s 30- of Commons. "I do what I can for Paul as I would for any of my constitu- ents," says Th ibeault, an NDP MP fi rst elected in 2008. "I have a constituent who has a legitimate concern . . . and I support him in any way I can." Introducing our newest Lawyer. I represent Siskinds. Siskinds is pleased to announce that James Yap has joined our Toronto office. James received his J.D. in 2010 from Osgoode Hall Law School. After completing his articling as a law clerk to Justice Ian Binnie at the Supreme Court of Canada, James obtained his LL.M. in 2012 from Yale Law School. He brings his insights and expertise to the Securities group. With 25 practice groups, Siskinds has the knowledge and resources to help our clients in nearly every aspect of modern law. 416.362.8334 Toll Free 877.672.2121 47 Colborne Street, Toronto petition forward in the coming weeks. Th e government has 45 sitting house days to respond, so Th ibeault expects some sort of an answer by December. Early in his career while prac- Th ibeault expects to bring the tising law, Temelini also invested in real estate. But it was his work as a lawyer that was at the core of the 1982 fraud charges against him. He had been involved in the purchase and sale of numer- ous properties in Sudbury while acting mostly for the vendors but also for some of the purchasers. In dismissing the charges against Temelini in 1984, judge M.J. Fortier said he had serious doubts that Temelini' in the transactions should result in criminal sanctions. Temelini should have the benefi t of that doubt, the judge ruled. His multimillion-dollar law- s actions suit, originally launched in 1985, was for malicious prosecution of the 1982 charges. He' Canada Permanent Trust, now TD Canada Trust, for breaching client confi dentiality by illegally providing the RCMP with his business and fi nancial informa- tion in the early 1980s. Temelini maintains he was the s suing OctOber 1, 2012 • Law times victim of a set-up and says police should never have charged him based on the information they had collected. As a result, he says, his law practice suff ered and he had trouble attracting fi nancing and clientele for his business inter- ests. Cash-fl ow problems followed and then the creditors came along. "Th ey chose to ignore what wouldn't fi t into their theory," he says. James Yap – Securities SISKINDS .COM Untitled-4 1 L E A DERS IN THEIR FIELD www.lawtimesnews.com ® he says he has faced roadblocks, obstruction, and interference that have resulted in delays. He hopes, then, that his eff orts in Parliament through Th ibeault will help. "Th e government is mandated to an- swer this," says Th ibeault. Since launching the lawsuit, LT 12-09-25 3:59 PM

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