Law Times

June 11, 2018

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PM #40762529 $5.00 • Vol. 29, No. 20 June 11, 2018 L AW TIMES C O V E R I N G O N T A R I O ' S L E G A L S C E N E • W W W . L A W T I M E S N E W S . C O M SCC ruling sends a clear message around civility Joseph Groia says a recent ruling in his favour by the Supreme Court of Canada shows 'civility had been elevated far beyond its boundary.' Photo: Robin Kuniski COSTS AWARD Ruling vindication for lawyer: counsel P4 END CRIMINALITY Remove penalties for paying surrogates P7 FOCUS ON Intellectual Property Law P8 BY SHANNON KARI For Law Times T he lawyer at the centre of the civility debate in the profession says the Su- preme Court of Canada has sent a message to law societies that there should be very careful deliberations before initiating a similar disciplinary proceeding in the future. Law societies will have to be more careful in "play selection," says Joseph Groia, in the wake of the June 1 decision that quashed findings of professional miscon- duct against him for his actions in an insider trading trial more than 17 years ago. "Nobody is denying civility is important. But civility had been elevated far beyond its boundary. I think the Supreme Court of Can- ada has recalibrated the inquiry and the approach that regulators will need to follow with respect to allegations of incivility," adds the securities litigator, who heads Groia & Company in Toronto and was elected in 2015 as a bencher of the Law Society of Ontario. The Supreme Court of Canada ruled 6-3 that an appeals panel of the LSO came to an "unreason- able" conclusion when it found that Groia engaged in professional misconduct during his defence in the first phase of the trial of former Bre-X geologist John Felderhof. A one-month suspension and costs of $230,000 were set aside. As well, a still-to-be-determined amount of costs was awarded to Groia for the two disciplinary hearings as well as the Divisional Court and Court of Appeal hear- ings in the case. The law society issued its notice of hearing against Groia in 2009, two years after Felderhof was ac- quitted of all charges. By this time, the actions of Groia had already been the subject of arguments at the Superior Court and Court of Appeal. The Ontario Securities Com- mission called a halt to the frac- tious trial of Felderhof in April 2001 and filed an application to remove the trial judge. One of the grounds was that Justice Peter Hryn had failed to reign in the "uncivil" behaviour of Groia. The Ontario Superior Court and then the Court of Appeal were critical of Groia, but they dis- missed the OSC application. See I should, page 2 Challenges try to end mandatory minimums BY SHANNON KARI For Law Times T he Ontario Court of Ap- peal will hear compan- ion cases later this month seeking to strike down mandatory minimum sentenc- es for three possession of child pornography-related offences on the grounds that they violate the Charter. The challenges come as a num- ber of these provisions for other types of offences have been struck down in the courts since the Su- preme Court of Canada ruled in 2014 in R. v. Nur that the manda- tory minimums for illegal firearm possession were unconstitutional. However, the two-day hearing that starts on June 26 will also take place just weeks after the Court of Appeal in another child pornogra- phy possession case significantly increased the offender's sentence and explained that different sen- tencing principles are the priority for these crimes. Samara Secter, one of the law- yers acting in the appeal, says the Charter challenges are not in any way seeking to minimize the seri- ousness of sexual offences against children. "That is not the message. It is that we trust judges to do their job," says Secter, an associate at Addario Law Group LLP in Toronto. "Not all offenders are the same. Some are less morally blame- worthy than others." Mandatory minimums "sac- rifice individualized sentencing at the altar of generalized deter- rence," she adds. The cases before the Court of Appeal are R. v. Na- thaniel John and R. v. Jordan Cristoferi-Paolucci. Lawyers for John are asking for the mandatory minimum for pos- session of child pornography to be struck down, which is now six months in jail if the Crown pro- ceeds summarily or one year if by indictment. Cristoferi-Paolucci is also chal- lenging the possession minimum, See Not, page 2 Follow TORONTO | BARRIE | HAMILTON | KITCHENER 1-866-685-3311 | cLeish Orlando_LT_Jan_20_14.indd 1 14-01-15 3:15 PM Samara Secter says upcoming Charter chal- lenges at the Ontario Court of Appeal are not in any way seeking to minimize the serious- ness of sexual offences against children. Celebrating In-House Counsel Sept. 20, 2018 | Arcadian Court, Toronto Keynote Speaker: The Right Honourable David Johnston, C.C. Governor General of Canada (2010 - 2017) Chair, Rideau Hall Foundation, Executive Advisor, Deloitte FORGING A STRONGER FUTURE Signature Sponsor Untitled-1 1 2018-06-06 2:22 PM

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