Law Times

Law Times • November 5, 2012 Law firms 'on excellent terms': David Diamond NEWS Continued from page 1 started to decline in the past cou- ple years, said Bergmanis in the affidavit. "We appeared to gradu- ally receive fewer large file refer- rals and increasing numbers of small and/or difficult file referrals during a time when we knew that the respondents were significantly increasing their advertising to the public and their media presence, Bergmanis. As well, Diamond & Diamond agreed to sublet space from Bergmanis Preyra on the same floor in a building near the Allen Expressway in Toronto. The number of new referrals the affidavit states. The firm then recruited two " friends to contact Diamond & Diamond as potential clients with large claims. But a firm oth- er than Bergmanis Preyra con- tacted both individuals, court documents state. Superior Court Justice Darla Wilson granted an Anton Piller order on Sept. 12 that permit- ted Bergmanis Preyra to make copies of business records at Diamond & Diamond and from Alex Ragozzino, a legal assistant. The materials were turned over to an independent lawyer. Jeremy Diamond and his as- sistant challenged the order on the basis that they're not partners or associates of Diamond & Dia- mond nor are they parties to the professional services agreement. During cross-examination minds whatsoever," wrote Perell. While the evidence before the on his affidavit, Jeremy Dia- mond indicated he was an in- dependent contractor paid a fee of $700 per referral by David Diamond. There was no written agreement between the family members and Jeremy Diamond' counsel instructed him not to answer several questions related to his role at the firm. "Were you practising law in s your relationship with Diamond & Diamond?" asked Alan Rach- lin, a lawyer representing Berg- manis Preyra, during a private cross-examination of Jeremy Diamond on Oct. 9. "That can — I mean, I'm — I don't really understand that ques- tion," replied Jeremy Diamond. In setting aside the Anton Piller order, Perell accepted the arguments put forward by law- yer Linda Rothstein on behalf of Jeremy Diamond. "It cannot be said that Jeremy or Alex them- selves breached a contract to which they are not parties and for which they received no con- sideration and for which there is no bargain or meeting of the CLA intervening Continued from page 1 the York law association. "We're not here to square off against them." Breese Davies, counsel for the CLA, says she' where paralegals sit in the courtroom. But the association maintains that a justice of the peace has the right to control courtroom operations. Davies adds there' address their cases. "We intervened on the basis of materials filed that do not challenge the validity of [the Barristers Act] and we took the position that it continues to apply until it is repealed or struck down," says Davies. "There is simply no right to be heard on a first-come, first-served s no agreed-upon method for calling lawyers to Elementary Teachers' Federation of Ontario Fédération des enseignantes et des enseignants de l'élémentaire de l'Ontario 480 University Avenue, Suite 1000, Toronto, Ontario M5G 1V2 Telephone: 416-962-3836 Toll free: 1-888-838-3836 Fax: 416-642-2424 Website: www.etfo.ca basis. Different practices have emerged in different jurisdictions. In some jurisdictions, it is done on a first-come, first-served basis, but in others it is not." But Lippa says the practice diminishes the view of paralegals as being part of a profession before the courts. "It's not typically invoked in all the courts, but there are 10 of them that do," says Lippa, who has been working as a paralegal for 20 years. Although Lippa says an increase in this practice has cost her time and money, she's not seeking damages. Instead, she's pursuing the issue via the certiorari application in hopes of having the process changed. Lippa' peace in a Newmarket, Ont., courtroom in 2010. Lippa was with two paralegals and four or five lawyers sitting in the area past the bar in Courtroom 205. The body of the courtroom was full. "Justice of the peace (G.M.K.) Forrest essentially addressed me as a paralegal and stated that in the future I was to sit in the body of the court and that counsel had precedence over paralegals," wrote Lippa in her affidavit. "Specifically, the justice stated that court tradition required that para- s complaint stems from an encounter with a justice of the ELEMENTARY TEACHERS' FEDERATION OF ONTARIO INVITES APPLICATIONS FOR THE POSITION OF In House Lawyer 1 Position Available The Elementary Teachers' Federation of Ontario (ETFO) is the union representing all of the teachers and occasional teachers and many other education professionals in Ontario's public elementary schools. ETFO provides professional, protective, and collective bargaining services for more than 76,000 members working in communities throughout the province. In-house legal counsel will provide legal services and support to members in Long Term Disability (LTD), Workers Safety and Insurance Board (WSIB), Employment Insurance (EI), and Children's Aid Society (CAS) matters in conjunction with federation staff, prepare legal opinions, assist in monitoring cases assigned to external law firms, and assume other duties as assigned by the General Secretary. The position requires a qualified lawyer with a minimum of three years of experience in administrative, labour, and employment law, an L.L.B., and membership in good standing in the Law Society of Upper Canada. legals, as they were not called to the bar, were not permitted to sit past the bar and speak to matters prior to counsel. I was offended as a paralegal and licensee of the law society by being addressed in this way by the jus- tice of the peace since for many years myself as well as countless other agents had appeared in this way before the Ontario Court of Justice. Sitting past the bar was never much of an issue until recently. Now, " Lippa says she has to wait up to three hours for a brief appearance for something as simple as setting a date. As a result, the practice limits the number of appearances she can make, the number of courthous- es she can travel to, and, ultimately, her bottom line. Cheryl Sereny, senior vice president of the Paralegal Society of The successful candidate will have strong oral and written communication skills, well developed interpersonal skills, effective strategic planning and problem-solving skills, proven legal advocacy skills, and be able to work independently. Experience within the unionized labour sector would also be an asset. This is a contract position for up to two years that will be subject to renewal. Compensation will be commensurate with skills and experience. Candidates are required to submit a letter of application for the position and a resume. Candidates who are interviewed will be asked to provide references at a later date. The closing date for receipt of applications is 5:00 p.m. Friday November 23, 2012. The start date for this position is January 7, 2013. Your application must indicate that you are applying for ETFO posting # 20121301. Applications must be submitted in confidence to: Gene Lewis, General Secretary, Elementary Teachers' Federation of Ontario, Ontario, says the goal is for the two professions to work together in a harmonious environment. But she likens the treatment of paralegals in some courts to that of civil rights crusader Rosa Parks. "We were told we could ride the bus, but no one told us we had LT to ride at the back of the bus," she says. ETFO_LT_Nov5_12.indd 1 www.lawtimesnews.com 12-10-30 9:54 AM Email: glewis@etfo.org Suite 1000, 480 University Avenue, Toronto, Ontario, M5G 1V2 FAX: 416-355-6755 ETFO is an equal opportunity employer. As such, it encourages groups who have been historically disadvantaged with respect to employment to apply for positions in the Federation. encouraged to self-identify. Individuals are "We want to have a spot at the table," says Norm Panzica, president of s taking no position on Superior Court was that Jeremy Diamond was an independent contractor, he has a prominent public profile with the firm. According to the Diamond & he notes the team at Diamond & Diamond includes "doctors, phys- iotherapists, case managers, and other health professionals intent on helping you get better. Diamond web site, Jeremy Dia- mond "joined the firm" as a lawyer aſter his call to the bar in Ontario in 2008 and is also its director of marketing. The web site shows pictures of two lawyers, David and Jeremy Diamond [James Dia- mond is no longer an active law- yer and doesn't appear on the Law Society of Upper Canada' tory. James F. Diamond, a partner at Levine Sherkin Boussidan in Toronto, is a different person]. Diamond & Diamond adver- s direc- dra Zisckind, hosts two of the YouTube videos. "I am a lawyer with Diamond & Diamond, Jeremy Diamond's wife, San- " states Zisckind in the videos. She urges potential clients to call Diamond & Diamond. The law society lists Zisckind as practis- ing with Grillo Barristers and she appears on that firm' " one of its lawyers. A message leſt by Law Times on her office voice- mail at Grillo seeking comment wasn't returned. A bid for a stay of Perell' s web site as tises widely in Toronto in both the media and on public transit. Jer- emy Diamond appears on a regu- lar segment called "Know your rights" on the CP24 news channel along with former Ontario Pro- vincial Police officer Cam Wool- ley. Woolley describes him as a personal injury lawyer with the firm in the TV segments. As recently as this Septem- ber, a number of video ads about personal injury law appeared on YouTube. All of the advertise- ments prominently feature the Diamond & Diamond logo and phone number. In one, Jeremy Di- amond states: "We have teams of professionals on call to deal with everything from the most severe to minor of injuries." In another, landed at the Divisional Court on Oct. 29. Three days later, Jus- tice Frances Kiteley ruled against granting a stay until the court hears the motion for leave to ap- peal. Kiteley noted Rothstein has s order undertaken to keep the docu- ments at her office and said Jer- emy Diamond has been unfairly "tainted" by the implication that he wouldn't preserve the materials. "Given the ongoing litigation, we do not intend to provide any public comments," says Rothstein. Her client testified that as of Sept. 24, his uncle had terminated his services with Diamond & Dia- mond "for the time being. about his nephew, David Dia- mond tells Law Times that there are two areas he wants to clarify. "First, the law firms of Berg- manis Preyra and Diamond & Diamond continue to be on ex- cellent terms," he says. As well, David Diamond adds that the law society has approved the disclaimer on the web site that explains how the firm is primar- ily a referral source and "initial screening assessment agent." LT While he declined to speak " Marketplace OFFICE SPACE AVAILABLE Toronto - Prestigious professional office in the heart of Yorkville, Cana- da's premiere shopping and entertainment district! High-end penthouse unit with spectacular city views, private elevator, receptionist area, board- room with city views, kitchen 24/7 access, business support services, high quality furniture, cleaning service. Well- suited for accountants, lawyers, entrepreneurs or other professionals. Price includes utilities, extra fee for phone, internet, fax and copier. Please contact admin@tagstmichel.com for more information. To advertise call 416-649-8875 PAGE 5

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