Law Times

Page 4 July 24, 2017 • law Times www.lawtimesnews.com NEWS NEWS NEWS © 2017 Thomson Reuters Canada Limited 00245QF-A88158-NK Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 Get fast access to municipal and planning legislation Ontario Planning Legislation 2017 Consulting Editor: Bruce Engell Updated each year, Ontario Planning Legislation refl ects the changes made to the Planning Act and regulations, keeping you ahead and informed. On subscription Order # 987975-65203 $97 Softcover April 2017 approx. 460 pages 978-0-7798-7975-5 Annual volumes supplied on standing order subscription One-time purchase Order # 987975-65203 $109 Ontario Assessment Legislation 2017-2018 Edition Consulting Editors: Jack Allen Walker, Q.C., and Andy Anstett Get quick access to changing legislation concerning Ontario assessment matters. This resource offers you a thorough collection of the latest statutes, regulations and amendments. 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Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Lawyer disbarred BY ALEX ROBINSON Law Times T he Law Society of Upper Canada has revoked the licence of a law- yer after finding he sent threatening emails to a district attorney in Cali- fornia. A law society hearing panel found tax lawyer Joel Sumner should be disbarred for repeated threats he sent to John Kochis, a chief deputy district attorney in San Bernardino, Calif. Brian Gover, one of the lawyers representing the law society before the tribunal, said Sumner's conduct has had a serious impact on Kochis and his family, who have been concerned for their safety. "And this concern is coming from a man who does not scare easily," Gover said at the hearing to determine what Sum- ner's penalty should be. "Mr. Kochis has pros- ecuted thousands of cases, some of which involved very serious, dangerous criminality. He has pros- ecuted murder cases and cases involving organized crime and none of the defendants in those pro- ceedings have caused him concern for his safety the way Mr. Sumner has." In 2007, Sumner was arrested for battery and vandalism after an alter- cation with his room- mate, according to a Re- quest to Admit filed with the law society. The char- ges were later dropped af- ter an arrangement with the district attorney that Sumner would make a donation to a woman's shelter. Sumner then filed a motion in 2009 for a "dec- laration of factual inno- cence" and Kochis dealt with the motion on behalf of the district attorney's office. The motion was granted in 2010. In 2011, Sumner then sent Kochis an email threatening to sexually assault his wife, and he later made other threats of violence. In one email in 2012, Sumner wrote, "When I go to California next I will arrest. If your [sic] resist, I will kill you in ac- cordance with the law!!! You are a criminal and piece of human shit!!! You should DIE!!!" In 2014, he sent an email copying a web- master of the Hells Angels inviting the motorcycle gang to arrest Kochis and to use "all lawful force to secure the prisoner, in- cluding lethal force" if he resisted. Sumner was eventually charged with 27 criminal counts in San Bernardino County and disbarred by the State Bar of California. One of the emails Sumner sent to Kochis said, "You are a tyrant and I encourage anybody to blow a hole through your head and rid this world of a gangster and a piece of garbage." He also sent a number of emails to the law soci- ety informing them of his desire to arrest and harm Kochis. Sumner grew up in Toronto, but he went to law school in California, where he was called to the bar in 2006 and practised tax law. He moved back to Toronto in 2009. He was admitted to the Ontario bar in 2012 and worked in tax law until his licence was suspended last year. He is now facing charges in both Cali- fornia, where there is an outstanding warrant for his arrest, and Ontario. Here, he faces charges of uttering death threats and criminal harassment, ac- cording to LSUC lawyers. Gover, who is a part- ner at Stockwoods LLP, said the only appropri- ate penalty was to revoke Sumner's licence given the nature and duration of his conduct. Gover also noted that Sumner had not shown any remorse and had a stated desire to continue the conduct in question. "There is ample basis for you to conclude that this man is ungovern- able," Gover said at the tribunal hearing. "And further, I submit that revocation is the only appropriate order." Gover added that Sumner had not given the law society any reason why he should be allowed to surrender his licence. The tribunal found Sumner was ungovern- able and revoked his li- cence effective immedi- ately on July 18. Sumner did not attend the law society hearings. When reached for comment, Sumner said he had filed a lawsuit against the law society and other individuals. Sumner said he had been defamed, assaulted and falsely imprisoned. "Mr. Kochis then threatened me that un- less I put my signature on a piece of paper that disposed of my right to peacefully and orderly petition the Courts for a redress of grievances, he was going to take or withhold an official act and oppose my motion," Sumner said in an email. "I did not receive nor waive my right to a trial. I did not admit to the facts charged in the dismissed indictment. I signed out of fear for my reputation." He said he then filed complaints about Kochis. "Criminal defendants are unjustifiably and invol- untarily silenced through threats and intimidation at the hands of the legal community," he said. "I choose not to par- ticipate." LT There is ample basis for you to conclude that this man is ungovernable. Brian Gover Fresh Canadian legal news and analysis Get More Online CanadianLawyerMag.com

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