what’s inside this issue · for the staff here. we want everyone to know how much we appreciated...

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February Issue Thank you to all the contributors and adversers for supporng this month’s edion of the Snail. Want to contribute to the next issue? The deadline is February 25, 2019 Send submissions to Joel Belisle: [email protected] For adversing rates contact: [email protected] The appearance of an arcle or adversement in the Snail is not a warranty, endorsement or approval by the Middlesex Law Associaon of the products, services or opinions therein. What’s inside this issue PRESIDENT'S REPORT by Lawrence Blokker LIBRARY NEWS by Gail Brown & Cynthia Simpson BENCHER'S REPORT by Michael Lerner SMART CONTRACTS AND THE ORACLE PROBLEM by David Canton THANK YOU MLA CPD VOLUNTEERS THE OPPRESSION REMEDY REACHES MIDDLE-AGE – REFLECTIONS 44 YEARS LATER by Angelo D'Ascanio REPORT ON PAST CPD PROGRAMS By Paula Puddy, MLA CPD Director NEWS FROM AROUND THE PROVINCE LOVE ME, LOVE MY DOG by James Zegers MEMBERS UPDATE 06 02 02 14 10 11 04 16 21 18 www.middlaw.on.ca FEB 2019 | YOUR TRUSTED MIDDLESEX COUNTY NEWS SOURCE ON ALL TOPICS LEGAL | VOLUME 49 | ISSUE 01

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Page 1: What’s inside this issue · for the staff here. We want everyone to know how much we appreciated receiving these gifts, and how much we will continue to appreciate them for the

February IssueThank you to all the contributors

and advertisers for supporting this month’s edition of the Snail.

Want to contribute to the next issue?

The deadline is February 25, 2019

Send submissions to Joel Belisle: [email protected]

For advertising rates contact: [email protected]

The appearance of an article or advertisement in the Snail is not a warranty, endorsement or approval by the Middlesex Law Association of

the products, services or opinions therein.

What’s inside this issuePRESIDENT'S REPORT by Lawrence Blokker

LIBRARY NEWS by Gail Brown & Cynthia Simpson

BENCHER'S REPORT by Michael Lerner SMART CONTRACTS AND THE ORACLE PROBLEM by David Canton

THANK YOU MLA CPD VOLUNTEERS

THE OPPRESSION REMEDY REACHES MIDDLE-AGE – REFLECTIONS 44 YEARS LATER by Angelo D'Ascanio

REPORT ON PAST CPD PROGRAMS By Paula Puddy, MLA CPD Director

NEWS FROM AROUND THE PROVINCE

LOVE ME, LOVE MY DOG by James Zegers MEMBERS UPDATE

06

02

02

14

10

11

04

16

21

18

www.middlaw.on.ca

FEB 2019 | YOUR TRUSTED MIDDLESEX COUNTY NEWS SOURCE ON ALL TOPICS LEGAL | VOLUME 49 | ISSUE 01

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Want to contribute to the next issue? The deadline is February 25, 2019

Potential topics for submissions include:

Send your submissions to: Joel Belisle, Intact Insurance: [email protected]

The Snail welcomes articles from MLA members. in Word format, along with photos, headshot and headline. For clarity and readability, we encourage submissions in the range of 200-500 words, with a maximum limit of 1000 words for news and opinions, and a limit of 2000 words for articles on law and legal issues. At

the request of the contributor, any submissions shortened in this way can also be published with a link to the full article to be obtained directly from the author.

· News, the promotion of an upcoming event, a review of a past event

· Practice tips

· Recognition of someone in the legal community

· Opinion and letters to the editor

· Discussion of a legal issue & case reviews

Another year has galloped by for the Middlesex Law Association. I would like to thank all the trustees and volunteers for their help and support. Thanks to Joel Belisle and his newsletter team for putting out the Snail each month. Thanks to Nicola Circelli and her team for a great golf tournament and all the other events this year. Thanks to Paula Puddy and Jake Aitcheson for the CPD programs. Thanks to Jim Zegers for the Courthouse Rocks event and for getting his picture in the newsletter more than anyone else. Also thanks to all the trustees that work behind the scenes, our Treasurer Erin Rankin-Nash, Jennifer Wall and the Library Committee, Joyce

Thomas with the Bench and Bar, Karen Hulan with our mentorship program, Christina Martin and the Administration Committee , and of course Robert Ledgley for giving us the last word at the OBA Council table. I must also thank Donald Crawford QC for his years of work on the MLA and for organizing the Opening of the Courts ceremony last fall with Paul Bundgard from London Life.

This coming year will hold some exciting new changes and faces. We are looking at a revamped website that will offer our members more services and better access to sign up for our CPD programs. The Law Society’s decade long initiative to re-organize the law libraries might be completed and the Bencher elections

will start shortly. More importantly though, we only have a few months to congratulate our librarian Gail Brown on her retirement at the end of March. Gail has been with us for 33 years and will be impossible to replace. The MLA will organize an event for Gail in March. In the meantime, I look forward to seeing each of you at the MLA’s Annual General Meeting this coming February 21st to officially mark the end of winter.

Lawrence Blokker President

President’s ReportContributed by: Lawrence Blokker, President

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your trusted middlesex county news source on all topics legal FEBRUARY 2019

PERFORMERS WANTED!

JOIN IN THE EXCITEMENT AS WE RECOGNIZETHE ACHIEVEMENTS OF OUR AMAZINGLY TALENTED LAWYERS!

Contact James Zegers for more information on how you can be a part of Court House Rocks 2019

Can you sing, play a musical instrument, dance, type really fast, recite pi to 100,000 digits, etc?

RUM RUNNERS AT THE LONDON MUSIC HALL167 DUNDAS STREET LONDON ON

DOORS OPEN AT 5:30 PM

Be part of

COURT HOUSE ROCKS 2019AS COURT HOUSE ROCKS AND LONDON LAWYERS FEED THE HUNGRY PRESENT OUR

FIRST EVER AWARD SHOW!

Page 4: What’s inside this issue · for the staff here. We want everyone to know how much we appreciated receiving these gifts, and how much we will continue to appreciate them for the

4NEWS

Library NewsContributed by: Gail Brown, Cynthia Simpson [email protected]

Thank youWe were, once again, spoiled by many generous MLA members before Christmas. A steady stream of rich chocolates, delectable cookies (some homemade!), candies, personal gifts and, yes, wine arrived at the library as treats for the staff here. We want everyone to know how much we appreciated receiving these gifts, and how much we will continue to appreciate them for the next couple of months!

DonationsWe would like to thank Stephen Adams, Q.C. for his donation of Federal & Ontario Corporate & Business Legislation 2018-2019. This is a handy, portable version of the major legislation in this area and is a good companion volume to Mr. Adams’ loose-leaf text, The Annotated Ontario Business Corporations Act. He has also arranged for us to receive free updates to it.

Finally, we would like to thank Barb Eagen, judicial secretary in the Family Court, for donating an extra copy of the latest edition of McLeod’s Ontario Family Law Rules Annotated, which we were able to pass on to the EMDC Duty Counsel’s office to assist inmates with their legal issues.

Research ServicesThe start of a new year is a good time to highlight to our members that you have access to research services through your MLA library. Gail and Cynthia can find and note up cases for you and email them directly to your office. Alternatively, if you need some cases or legislation scanned and emailed to your office, we will do that too. We have access to a variety of online electronic services to locate case

law or commentary dealing with your fact situation. We can also trace sections of legislation for you to determine when a change was made that you believe pertains to your case. We charge a nominal fee for our time, often as little as ten dollars to find and email a couple of cases and will advise you if your request requires more extensive research.

New BooksAsma, Matthew and Matthew Gourlay. Charter remedies in criminal cases: a practitioner's handbook, Emond

Carter, Hoffstein, Parachin. Charities legislation & commentary -2019 ed. LexisNexis

Goodis, David. 2018-2019 annotated Ontario Freedom of Information and Protection of Privacy Acts, Thomson Reuters

Goslett and Caruso. 2019 annotated Immigration and Refugee Protection Act of Canada, Thomson Reuters

HLA. 15th annual employment law seminar.HLA. 18th annual advocacy conference.HLA. Corporate commercial law seminar.HLA. Emerging issues in real estate seminar.Joyal, Lisa et al. Prosecuting and defending offences against children: a practitioner's handbook, Emond

Linden, Allen. Canadian tort law --11th ed. LexisNexis

Loeb, Audrey. Condominium Act: a user's manual --5th ed., Thomson Reuters

LSO. Civil appeals: the year in review.LSO. 19th annual employment law summit.

LSO. Six-minute real estate lawyer 2018.LSO. Six-minute family law lawyer 2018.LSO. Real estate refresher 2018.LSO. Impaired and 'over 80' 2018.LSO. Special lectures 2017: Canada at 150: The Charter and the Constitution.LSO. 7th annual human rights summit.

LSO. 26th annual immigration law summit -day 1 & 2.MacDonald, James C. 2019 annotated Divorce Act, Thomson Reuters

McConnell, Rose H. Document registration guide --20th ed. 2019, LexisNexis

n/a. Federal & Ontario corporate & business legislation 2018-2019 ed., Canada Law Book

Schneider, Richard and Hy Bloom. Fitness to stand trial - fairness first and foremost, Irwin Law

Segal, Murray. Annotated Ontario rules of criminal practice 2019, Thomson Reutersl

Vogelsang, McLeod & Tobin. McLeod's Ontario family law rules annotated 2018-2019, Thomson Reuters

Missing BooksAllen, John. Estate planning handbook -4th ed.Bolton, Michael. Defending drug cases -4th ed. (2016)

Bourgeois, Donald J. Charities and not-for-profit administration and governance handbook --2nd ed.Goodis, David. 2012 annotated Ontario Freedom of Information & Protection ActLavender, Stephen. 2015 annotated Ontario Human Rights CodeHull, Ian. Macdonell, Sheard and Hull on

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your trusted middlesex county news source on all topics legal FEBRUARY 2019

probate practice -5th ed. (2016)Johnston, David. Canadian securities regulation –3rd ed. MacDonald, James. 2015 annotated Divorce Act. Oosterhoff, Albert H. Oosterhoff on wills --8th edition (2016)n/a. The Annotated 2015 Tremeear’s Criminal Code. Rintoul, Margaret. Practitioner’s guide to estate practice in Ontario -4th ed.Shearer, Gillian. Law and practice of workplace investigations.

Accredited. Convenient. Cost Effective.

Annual CPD… $200.00

MLA Member Special Price

On-demand CPD videos for lawyers Unlimited video access Hundreds of hours:

all practice areas, prof/sub Watch alone or with colleagues

using the multi-viewer feature FOLA endorsed

Have questions about registering?This short video shows you how… click to watch.

1. Visit www.cpdonline.ca2. Get Started Individual Subscription3. Use Association Code:

“MiddlesexCPD” at checkout4. Get $200.00 CPD

If you have any issues or concerns regarding the Middlesex court facilities, operations,

judiciary, etc., let them be known!

Send all concerns to the current MLA Bench & Bar representative:

Joyce Thomas 519-670-0450

[email protected]

Questions & Comments

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6

During the Fall, Convocations have been relatively quiet. Relatively quiet, that is, until Convocation on Thursday, November 29. In Convocation on that day, a number of significant decisions were made dealing with the ability to participate in Convocation and the Pro Bono project currently operating in Toronto and Ottawa.

Convocation has decided that we prohibit life Benchers who had been elected four times and served 16 years in Convocation, as well as former Attorney Generals who were honorary Benchers from actively participating, and life Bencher status has also been eliminated, commencing with the new term following the quadrennial elections in April. Contrary to what you may have heard from those who supported the change, there were only six or seven life Benchers, and NO Attorney Generals who actively participated in Convocation. Even at that, neither group had a vote in Convocation. Their participation provided some historical perspective to ensure an informed debate and to avoid us repeating errors of the past. During recent discussion of issues such as fee referrals, fixed-fee pricing for real estate transactions, contingency fees and advertising, the life Benchers made a valuable contribution. Their right to attend Convocation has not been eliminated, they will simply not be able to participate in any debate. My suspicion is that those who have made a meaningful

contribution over an extended period of time, and who have maintained their commitment and dedication to the work of the Law Society, will no longer make an effort to attend Convocation. Interestingly, it is somewhat ironic for a legal organization such as the Law Society to form a Working Group that did not include at least one member of the group that has now seen its participation negatively impacted. No life Bencher was a member of the Governance Working Group! To have at least one member from the group participate would have provided an opportunity for a minority report to come forward.

A motion to limit the maximum Bencher term to two four-year terms was defeated. The status quo has been preserved, allowing Benchers to run for three four-year terms. Yet to be debated is whether there ought to be a reduction in the number of elected Benchers. Currently, there are 20 Benchers elected from outside of Toronto and 20 elected from within the GTA. Unfortunately, the changes that were made were not unanimously supported, leaving an element of dissatisfaction with the decision. My view is that if Benchers are truly committed to the work of the Law Society, they have plenty to keep them busy. To reduce life Benchers will dilute the ability to represent our constituents and will result in the Toronto elected Benchers having a greater influence of decisions. I oppose any reduction in the number of Benchers.

Pro Bono Ontario has operated law help centres in courthouses in Ottawa and Toronto. To promote access to justice, there is also a call centre available to

Ontarians. In the past, the provincial government and the Law Foundation of Ontario have funded this PBO initiative. The current government has withdrawn its support, putting the program in jeopardy. PBO requested short-term funding from the Law Society, in addition to making a request for long-term support from both the Provincial and Federal Governments. No formal request was ever made to the Law Society. Fortunately, the Federal Department of Justice has stepped forward and provided $420,000.00 in financial support to continue the program through 2019, while long-term funding is considered to be expanded to London, Windsor and Kingston by making a further use of senior law students. The profession has stepped up and contributed sufficient funds to allow the program to continue. The program is important because it increases access to justice. Say what you will about lawyers and tell as many jokes as you may, this is the second time in a year that the profession (the you’s and me’s) have allowed important programs to continue. Were it not for us, several thousand of homeless and indigent residents of major municipalities would not be regularly provided with nutritious meals.

The law schools are being pressured to increase experiential learning. This provides an opportunity for students to be involved in the “practice” of law while at the same time expanding access to justice. Doug Ferguson and I will be meeting with representatives of the OBA and PBO early in the new year. What seems to be forgotten in the discussion is that lawyers are already making a

Bencher's ReportContributed by: Michael Lerner / Lerners LLP

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your trusted middlesex county news source on all topics legal FEBRUARY 2019

substantial contribution as evidenced above by providing pro bono services, contributing to the Lawyers Feed the Hungry programs and by funding the PBO programs in Toronto and Ottawa. The extent to which lawyers ought to be obligated to support these programs is likely to be a contentious election issue.

I regularly attend Committee and Working Group meetings, and I have never missed a Convocation in my seven plus years of service. Somehow, it seems that the historical Law Society logo has been changed. I am not aware of any discussion or debate, but if one accesses the Law Society website, the traditional coat of arms has been replaced by three concentric circles. Where it came from and how it was approved is a question I intend to ask at the first opportunity. An even better question might be what is it intended to represent? It seems some Benchers are willing to throw out some of the traditions that distinguish ourselves from other professions, justified by modernization and to better identify in the public domain. Some of these traditions have endured for over 220 years.

The 47 Ontario law associations operate libraries or research resource centres throughout the province. These resources are only possible by allocating a portion of the local annual dues to allow appropriate staffing and resources. Unfortunately, there are a number of lawyers practicing in Middlesex who are not members of the Association. As a result, there is a greater burden upon those who are. Support for your local association is imperative. If you know one of your colleagues who is

not a member of the Middlesex Law Association, please encourage them to join. In several counties and districts, paralegals are permitted to join local associations and access libraries. In other jurisdictions, paralegals are prohibited from joining. If the libraries need additional funding, it might well be time for paralegals to be permitted to access county and district libraries provided that they pay the corresponding fee paid by lawyers.

The nominations for the Law Society Awards are open until January 25, 2019. The Law Society acknowledges those who have made outstanding contributions in a variety of areas through the Law Society Medal, the Lincoln Alexander Award, the Laura Legge Award, and the J. Shirley Denison Award. Last year, there were no nominees from Middlesex. I encourage you to look around and identify local practitioners who are deserving of nomination. It is my intention to run for a third term.

Earlier in this report, I mentioned that nominations are currently open for those who seek election as Benchers. April 30, 2019 has been designated election day. I encourage those who are committed and interested in the work of the Law Society to consider putting their name forward for election. Having completed two full terms, it is my intention to run for re-election and I will be filing my nomination papers within the next few weeks.

On December 11, Convocation convened to consider the report of the Licensing Working Group. Its task was to recommend to Convocation any changes that would address the shortage of

available articling positions. If you have been following the debate you will know that four alternatives were considered and put forward to Convocation. The decision was to stay the course. There will be improvements to articling as to the ability to assess the success of the programs with enhancements to the LPP program. If we were really trying to be prospective, I would have thought the correct answer might be to abolish articling, have everyone take the LPP and then be called to the Bar. Law firms would then hire qualified lawyers instead of articling students to one year contracts and decide over the year who they wished to retain. The upside is that qualified lawyers would be doing much of the work of articling students and also be able to provide service not currently provided by students.

Currently, the Technology Working Group is considering how the profession might become more efficient to be able to provide services at a reduced cost. The Professional Regulation Committee is winding up its work on advertising, marketing, referral fees and contingency fees.

It has been a rewarding eight years and I would be honoured to be able to serve the profession and particularly the members of the MLA for another four years.

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What do government workers, teachers and some unions have in common? Lifetime financial security in the form of reliable pensions. We think it’s time lawyers had access to lifetime financial security too!

In 2016, CBIA/Lawyers Financial struck a Task Force comprised of leading pension experts who have spent two years developing a national, multi-employer pension plan to provide life-time pensions designed specifically for law firm staff and partners.

Three platforms are being developed from an enhanced traditional DC (defined contribution) plan to a targeted benefit plan that will deliver the same $1 of lifetime pension income at about 50% less cost than the average group RRSP or defined contribution (DC) plan. Put another way, it will deliver lifetime retirement income, i.e., financial security (not just savings) that will be 30% to 50% higher than could be provided from savings under a member directed RRSP or similar arrangement.

COME TO THIS SESSION TO:• Hear about the three platforms being considered• Learn how this might affect your retirement, and,• Provide your input to help shape the final product.

TO ANSWER ALL YOUR QUESTIONS, THE SPEAKERS WILL INCLUDE:

• Senior management from CBIA/Lawyers Financial, and• Pension experts, including Randy Bauslaugh, Partner and

National Pension Lead at McCarthy Tetrault

The MLA has invited the Canadian Bar Insurance Association to give

a presentation to our membership on…

BETTER PENSIONS FOR LAWYERSCBIA/LAWYERS FINANCIAL

Middlesex Law Association February 13, 2019 at 5:00 PM

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10

Smart Contracts and the Oracle Problem

Contributed by: David Canton / Harrison Pensa

Smart contracts are simple in concept but often misunderstood. It’s not about creating a contract, it’s about fulfilling a contract without human intervention. When a specified thing happens, the smart contract executes by taking the action it has been programmed to do. For example, you could have a smart contract that orders and pays for a cold drink to be delivered from a nearby restaurant when the temperature goes above 25 degrees on a weekday afternoon.

Blockchain is good for creating smart contracts. That’s because blockchain is designed to be resistant to change from human intervention. Rather than putting an action in the hands of one entity that has to be trusted, the technology itself

creates the trust by requiring confirmation from multiple sources for changes. So it is difficult for the other party to renege on a promise. And difficult for a third party to intervene and game the system.

In this example, the Oracle would be an online data feed that tells the local temperature. The problem is that this single source of information is a potential single point of failure vulnerable to attack or misuse. Someone could feed erroneous temperature data. Or there could be an error with the chosen Oracle’s data.

In this example it may not seem to be important or worth the effort to intervene in the contract. But it could be a serious issue for significant contracts.

One way of solving the problem would be to adopt a similar approach as blockchain and require similar evidence from multiple Oracles before taking the action. An MIT Technology Review article entitled “Blockchain smart contracts are finally good for something in the real world” talks about a startup that may have a solution to the problem.

This article was originally posted on the HP Privacy and Tech Law Blog.

To receive weekly updates on the latest technology and privacy law issues, subscribe to Harrison Pensa’s Top Ten in Tech Law newsletter.

“Blockchain smart contracts are finally good for something

in the real world”

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11

your trusted middlesex county news source on all topics legal FEBRUARY 2019

Thank you to our MLA CPD Volunteers!Through its volunteers, the Middlesex Law Association delivered countless hours of continuing professional development programs throughout 2018. These 15 MLA programs were as follows: Mock Trial Exercises with PwC LLP, the Mentoring Dinner, Straight from the Bench, the Business Breakfast, the Small Claims Court update, the Provincial Offences seminar, two Real Estate luncheons, the Wills, Estates & Trusts conference, the Personal Injury conference, the Practice Management seminar, two Women’s Networking Event, the Commercial Litigation luncheon, and the new EDI seminar.

Thank you to our regular CPD partners for delivering the following programs in London: the Advocates’ Society’s Court House Series and Mentoring Dinner and the MFLA’s annual Family Law Conference.

Our success is a direct result of the generousity and enthusiasm of our volunteer members. We thank you, our volunteers, for your commitment to the practice of law and for sharing your skills and knowledge with the London and Southwestern Ontario bar.

In appreciation of our volunteers this year, we have donated over $3,350 on their behalf to London Lawyers Feed the Hungry. Through our partnership and the generousity of CPDonline.ca (every new subscriber to CPDonline.ca results in $100 to our association for LLFH), we donated an additional $2,100 to LLFH!

A special thank you to the Middlesex Law Association’s librarians, Gail Brown and Cynthia Simpson, for all of their “behind the scenes” assistance with the CPD programs! It is a team effort!

Thank you to the 2017 and 2018 CPD

committees consisting of Christina Martin, Laura Camarra, Jacob Aitcheson, and Jennifer Butkus, for their input and support. Thanks to all of the MLA Trustees for their hard work and dedication to our association and its members.

Another thank you goes to all of our participants (in Middlesex and the other counties) who attend our in-person programs! We appreciate your local support!

Thank you to all our volunteers including the presenters at the Criminal Law Association too! My apologies to anyone we inadvertently missed from our 2018 volunteer list. Feel free to forward your names to me for inclusion in this thank you in future newsletters.

Jacob AitchesonMaia Bent

Frances BrennanDoug Bryce

Jennifer Butkus Laura Camarra

Andrew CammanAlysia ChristiaenCarolynn Conron

Martha CookDon Crawford QC

Kim CuraBlake deClarkSandra DiMeoJoni Dobson

Hope EvendenLou-Anne FarrellAnalee FerreiraKerry Figliomeni

Sean FlahertyKen Fraser

Anne Marie FrautsThe Hon. Mr Justice Garson

John GoudyBrian Gover

Dr. Randal GrahamCate Grainger

Tim HoganKaren HulanJudith Hull

Dara LambeThe Hon. Mr. Justice Leach

Raymond LeachThe Hon. Madam Justice Leitch

Michael LernerCarolyn LloydKyle MacLean

Christina MartinJill McCartneyJennifer McGill

Bruce McLennanThe Hon. Justice McLeod

Daniel McNamaraAndre Michael

David MillerPaul MorrisseyAndrew Murray

The Hon. Mr Justice Nordheimer Marcia OliverGary Phelps

Gavin PhillipsCiara Pittam

Bob Plenderleith Tara Pollitt

Kristi Sargeant-KerrPaul Scott

Terry ShillingtonBill SimpsonBrian Smith

Scott Spindler Anand Srivastava

Ryan SteinerJacquelyn Stevens

Anna SzczurkoMarie Taylor

Regional Senior Justice ThomasJoyce Thomas

David ThompsonMaura Thompson

Susan TothPaul Trudell

Marie TukaraJeff Van Bakel

Sandra Van YmerenGreg VanBerkelYola VentrescaDavid Waites

Tammy WaughMatthew Wilson

Alex WolfeBill Woodward

Dagmara WozniakIan Wright

MLA CPD Volunteer List 2018

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12OPINION AND LETTERS TO THE EDITORPublication of an article does not equal the endorsement of the Middlesex Law Association.

(This article is a blog posted by Angelo D’Ascanio, a partner at Advocates LLP, to the firm’s website at advocatesllp.com.)

In 1975, I was 12 years old. My world was consumed with daydreaming of having the powers of Steve Austin, The Six Million Dollar Man. Every episode opened with “…we can rebuild him. We have the technology…better, stronger, faster”. I had no idea, while daydreaming about having the powers of Steve Austin, that there existed a parallel commercial litigation world inhabited by legislators, lawyers, judges and litigants and that the Government of Canada was enacting the Canada Business Corporations Act (“CBCA”), which introduced the statutory corporate oppression remedy.

No 12-year old should be daydreaming about becoming a commercial litigation lawyer or preoccupied with legislative enactments. By that measure, I was a healthy, normal 12-year old living in the pre-video games/internet era relying mainly on television and my imagination for entertainment.

43 years later I find myself living in a (more mature but less exciting) world where I reflect upon the powers of the statutory oppression remedy instead of The Six Million Dollar Man. A “better, stronger, faster” remedy for addressing

oppressive shareholder conduct.

When the oppression remedy was incorporated into the CBCA in 1975 it was intended to be a ‘game-changer’. It provided current and former shareholders, directors, and officers of a corporation, and any other “proper person”, in the eyes of the court, with the right to seek judicial intervention to fix any situation where the conduct of the corporation or its affiliates, or the powers of their respective directors, oppressed, was unfairly prejudicial to or unfairly disregarded the interests of any shareholder, creditor, director or officer. The court had maximum discretion to tailor on appropriate remedy in the circumstances by being granted the overall power to make “any interim or final order it thinks fit”.

In 1982 the Government of Ontario enacted the Business Corporations Act (“OBCA”) which largely resembled the CBCA, including the introduction of a provincial statutory oppression remedy. As a result, federal corporations operating in Ontario have been subject to the CBCA oppression remedy provisions since 1975 and Ontario provincial corporations have been subject to similar oppression remedy provisions since 1982. The only substantive difference between the federal and provincial oppression remedy provisions are that the provincial provisions are broader in that they also cover conduct or the exercise of power which threatens to be oppressive. In other words, the OBCA provisions

expressly provide for judicial intervention to pre-empt threatened oppressive conduct.

A significant amount of oppression remedy case-law has developed in Ontario over the past 44 years. Since being professionally immersed in this provision since the start of my practice, the following are my high-level takeaways from the case-law on this remedy of maximum judicial discretion:

1. The oppression remedy has lived up to the initial anticipation of being a broadly-based discretionary remedy available to the court to fashion the most appropriate remedy to address corporate unfairness or injustice. It has resulted in aggrieved shareholders, directors, officers, and creditors/other proper persons being afforded an effective and powerful statutory remedy to rectify corporate unfairness and injustice. However, the court will be careful to tailor the relief so as not to do more than is necessary to remedy the oppressive conduct;

2. A settled two-part test has been established for judicial intervention. First, the evidence must establish a reasonable expectation which has been breached. The typical factors to be considered in determining the existence of a reasonable expectation are commercial practice, the nature of the corporation, relationships, past practice, preventative steps, representations and agreements, and the fair resolution of conflicting

The Oppression Remedy Reaches Middle-Age – Reflections 44 Years Later

Contributed by: Angelo D’Ascanio / Advocates LLP

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your trusted middlesex county news source on all topics legal FEBRUARY 2019

interests. The second part of the test requires a determination of whether the breached reasonable expectation amounts to oppression, unfair prejudice, or unfair disregard for the interests of the complaining party. To get from the first step, to the second step, the complaining party needs to suffer harm or prejudicial consequences—that is what takes the matter from a breached reasonable expectation to actionable oppressive conduct;

3. The oppression remedy has wider application or relevancy in smaller closely-held corporations. There is a wider range of reasonable expectations, and thus the potential for breaches thereof amounting to oppression, in small closely-held corporations than in large publicly-traded corporations. This is because it is not uncommon in small closely-held corporations for shareholders also to be directors and officers playing a role in managing the business, or otherwise to feel entitled to a ‘say’ in how the corporation is managed or the direction it takes, and, thus, more potential for diverging and conflicting interests;

4. The application of the oppression remedy test is largely fact sensitive—context matters. Whether a court will intervene, and what remedy it will fashion, largely depends on the facts of the case as determined by the presiding court. As such, marshalling and mastering the facts and evidence

in an oppression remedy case is essential; and

5. Directors may have personal liability for corporate oppressive conduct. The risk of personal exposure should provide directors with sufficient incentive to manage the business and affairs of a corporation in such a way as to honour the reasonable expectations of shareholders, other directors, officers and creditors impacted by the conduct of the corporation.

There are two important parts to proving or defending against an oppression remedy claim on behalf of a client. First, the lawyer needs to understand the oppression remedy legal framework. Second, the lawyer needs to have a mastery of the relevant facts and evidence. Just like the Six Million Dollar Man, every case needs to be rebuilt and analysed from the ground up.

February 2019

Law Society Members from the Southwest Region

are invited to attend a reception on March 21, 2019

hosted by the Treasurer of the Law Society of

Ontario, Malcolm Mercer.

The reception will be held at The London Club

177 Queens Avenue 5:00 to 6:00 pm.

It will provide an opportunity for the Law Society to connect with its members in Southwest

Region and to have a discussion about current issues

facing the legal professions.

As space is limited, please register online.

REGISTER HEREFor any questions,

please email

[email protected]

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14NEWS

The Twelfth Annual Personal Injury conference was held on November 29, 2018 with 75 lawyers and sponsors in attendance. Thanks to Alysia Christiaen of Lerners LLP and Kerry Figliomeni of Shillingtons LLP for co-chairing this program.

Thank you to the following presenters at the conference:

• The Honourable Mr. Justice Garson;• Regional Senior Justice Thomas;• Andrew Murray and Terry Shillington;• Brian Smith, Anna Szczurko

and Gary Phelps;

• Sandra DiMeo, Tara Pollitt, and Gavin Phillips;

• Alex Wolfe;• Bill Simpson; and• Dr. Randal Graham for his

presentation on sexual relations in the workplace.

Thanks to Alysia for moderating the panel discussion on expert evidence and thanks to Kerry for moderating the panel on surveillance evidence.

We are pleased to make a donation to London Lawyers Feed the Hungry on behalf of the chairs and all of the speakers.

Finally, thank you to our sponsors for supporting this conference: 30 Forensic

Engineering, Arcon Forensic Engineers, Calzonettimediate, Casemark Financial, Davis Martindale LLP, DMA Rehability, Henderson Structured Settlements LP, Hoare Dalton, Marcus & Associates, MDD Forensic Accountants, McKeating Actuarial Services Inc., McKellar Structured Settlements, Pursuit Health Management, Rehab First Inc., Taran Virtual and Xpera Risk Mitigation & Investigation Services.

If you missed this program, you can watch portions of it via CPDonline.ca

Report on Past CPD ProgramsContributed by: Paula Puddy, MLA CPD Director

The Twelfth Annual Personal Injury Conference

Collaborate

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your trusted middlesex county news source on all topics legal FEBRUARY 2019

1. There will be lots of JUDGES!This conference is truly a “Straight from the Bench experience” with four members of the bench participating! We are delighted to welcome the Honourable Mr. Justice David Brown of the Court of Appeal to our conference. In addition, we will hear from the Honourable Madam Justice Helen Rady and the Honourable Mr. Justice Marc Garson.

2. We already have 11 PRESENTERS! • View from the Court of Appeal: Red

block, green block, yellow block, blue; with so much competition, what do we do? The Honourable Mr. Justice David M. Brown of the Court of Appeal for Ontario

• Equality, Diversity & Inclusion: Dr. Randal Graham of Western Law

• A Fireside Chat with The Honourable Mr. Justice Marc A. Garson moderated by Anne-Marie Frauts

• Southwest Regional Update 2018• Post-Hyrniak: A panel discussion with

The Honourable Mr. Justice David M. Brown of the Court of Appeal for Ontario, The Honourable Madam Justice Helen Rady, Kelly Clark Tranquilli moderated by Dara Lambe

• Constructive Trusts: A case comment by Leanne Kuchynski of Siskinds LLP

• Standard of Review for Arbitrators: A case comment by George Hamzo of Lerners LLP

• Summary Judgment: A case comment by Benjamin Blay of Cohen Highley LLP

• Cannabis is Legal, now what? by James Zegers of Zegers Law PC

3. Get a head start on your EDI HOURS!Thanks to Dr. Randal Graham of Western Law, you will hear about an interesting Equality, Diversity and Inclusion (EDI) topic and earn 45 minutes towards your accreditation at our conference!

4. Our conference chairs ROCK!

Anne Marie Frauts, Dara Lambe and Dagmara Wozniak, have been busy putting together a fantastic agenda, soliciting speakers and co-ordinating the panels and demonstrations. Our judicial chair, The Honourable Madam Justice Lynne Leitch, is a strong force behind the scenes, soliciting judges for our conference!

5. Enjoy the SWAG! We already have 12 sponsors showcasing their services and supporting our conference:

• CPDonline.ca www.CPDonline.ca; and

• Davis Martindale LLP www.davismartindale.com

• DMA Rehability Inc. dmarehability.com

• Henderson Structured Settlements LP www.henderson.ca

• Hoare Dalton | Marcus & Associates www.marcus.on.ca

• McKeating Actuarial Services Inc. mckeating-actuarial.com/

• McKellar Structured Settlements Inc. www.mckellar.com/

• MDD Forensic Accountants Ltd. www.mdd.com

• Rehab First Inc. www.rehabfirst.ca

• The Advocates’ Society www.advocates.ca

• TVA | The Legal Outsourcing Network www.virtualassociates.ca

• Xpera Risk Mitigation & Investigation xpera.ca

Visit their booths for excellent conversation, networking, SWAG and a chance to win a door prize!

There used to be a 6, 7, 8, 9 and 10 - to make Paula Puddy, MLA CPD Director, HAPPY! But, you always do by registering for our in-person programs and supporting the MLA.

Fill out a registration form (go to www.middlaw.on.ca and click on CPD & Events).

Thank you and see you on May 6!

Please plan to attend the 14th Annual Straight from the Bench conference on Monday, May 6, 2019 from 9:00am to 4:00pm

at the Doubletree Hilton followed by a cocktail reception until 5:00pm.

Top 5 reasons to attend:

– 14TH ANNUAL – Straight from the Bench Conference

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16

davismar�ndale.com

Insurance ClaimsLi�ga�on

Personal InjuryValua�on

Jessy Hawley CPA, CGA, CFF, CIP

Gary Phelps CPA, CMA, CFF, CFE

Ron Mar�ndale CPA, CA, LPA, CBV, CFF

advisoryservices@davismar�ndale.comLondon: 519.673.3141Toronto: 416.840.8050

INDEPENDENT MEMBER FIRM

Civil Court AmalgamationThis project includes new space and additional renovations at 330 University Avenue to accommodate most civil operations from 393 University Avenue.

Overview of changes: • 15 new courtrooms; 4 new conference settlement rooms

and 2 new motion rooms• 9 new accessible public washrooms• Relocation of Toronto Police Service and Court Services

Division staff• Additional security features, including x-ray machines,

magnetometers, card readers and cameras• Renovation to the TLA lawyers lounge• Additional secure file storage

Please note: Existing courtrooms will remain

Timelines: Construction will be completed in two phases from 2018 to 2019. The move to 330 University Avenue will be aligned with the family court move to 361 University Avenue.

Family Court AmalgamationFocuses on the relocation of family court operations from 393 University Avenue to 361 University Avenue.

Overview of changes:• 7 new family courtrooms and ancillary space• Reconfiguration of existing courtroom 1-1, including new

audio and video technology• New Family Law Information Centre (FLIC) office, family

trial coordination office, family filing office• New combined courtroom 6-3 / 6-4 with new technology• Relocation of Court Services Division (CSD), Toronto Police

Service and provincial Crown attorney staff• Additional secure file storage

Timelines: Phase 1 complete, Phase 2 in progress. The move to 361 University Avenue will be aligned with the civil court move to 330 University Avenue.

News from around the ProvinceIn this piece, the MLA endeavours to provide its members with news from law associations around the province. This month’s contribution comes from our counterparts in Toronto, the Toronto Lawyers Association.

Update on the Courthouse Amalgamation

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your trusted middlesex county news source on all topics legal FEBRUARY 2019

MiddlesexLawAssociation

ANNUAL GENERAL MEETING

Thursday, February 21, 2019Voting-3:30-4:30pm

Annualmeetingbeginsat4:30p.m. intheMLAPracticeResourceCentre

GroundFloor,CourthouseWineandcheesereceptiontofollow.

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18

Love Me Love My Dog Tucker Oliver Keuhn

Contributed by: James Zegers, Zegers Law Professional Corporation

Tucker Oliver Keuhn defies description. You will simply have to look at his picture to decide what sort of dog he is. I am told he hates the snow, the rain, and the cold. So he is a sensible dog. He is barks at strangers, until they get down on the floor with him and let him lick their faces. Well, you can’t be too careful. He loves snuggling, sleeping in and curling up in front of the fireplace. These are all very admirable qualities in a dog.

His humans, Natalie and Roland are somewhat easier to describe. They are lawyers or are going to be lawyers. Natalie

is an assistant Crown Attorney at the London Court House and Roland is an articling student at Beckett Personal Injury Lawyers.

But getting back to Tucker. Natalie and Roland wanted a dog, but needed a dog that was hypo-allergic. That is to say, a dog that doesn’t make you sneeze. They thought a Schnauzer would be a good dog for them, and set about looking for such. They thought they found one in Cold Water Creek, Michigan, and drove 250 kilometres to take a look.

When Natalie and Roland got there they realized they had been the victims of false

advertising and that Tucker was not a Schnauzer any more than you and I are. Did they return home, empty handed and bitter, and ready to litigate? No. They fell in love with little Tuck and brought him home to Lambeth, where his portrait proudly welcomes visitors to their home.

It turns out Tucker is a Cold Water Terrier.

Do you have a dog (or cat) that you would like to introduce to the London legal community? Contact James Zegers, Snail photographer, at [email protected].

Natalie and Roland Keuhn, with Tucker

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19

your trusted middlesex county news source on all topics legal FEBRUARY 2019

John - “I believe that my experience and my approach has provided me with the knowledge and judgment to understand both sides of a case

and, most importantly, to realistically evaluate what are the parameters of a reasonable settlement.”

About the Mediator

Strong academic background having obtained a doctorate from the London School of Economics before obtaining law degree from the University of Western

Ontario. Practiced for 33 years as a civil litigator and was a senior partner in a firm dealing with all aspects of insurance and personal injury litigation.

In 1994 was certified as a Specialist in Civil Litigation by theLaw Society of Upper Canada.

JOHN F. GRAHAM

www.grahammediations.com

Contact

Services

IT WORKS. Many mediations end in agreement, even when other attempts to settle have failed.

IT’S AFFORDABLE.Obviously a one day mediation costs only a small fraction of a three week trial.

IT’S QUICK.Mediation can result in a fair settlement far sooner than the traditional litigationsystem, especially with the court delays now being encountered.

IT’S PRIVATE.Disclosure, concessions, and offers made during a mediation are confidential. If the case doesn't settle neither party can use them against the other at trial.What happens on a mediation stays in the mediation. This encourages parties to move from their rigid litigation positions (which are preventing settlement)to more realistic and achievable goals.

Why Try Mediation

Karen- 519-671-4935 or [email protected] John- 519-474-4806 or [email protected]

Insurance Law • Civil Litigation • Personal Injury Accident Benefit Disputes • Professional Liability • CGL Policy Disputes

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20

SPONSORS WANTED!

Be part of

Amount raised for hunger relief since 2003: Over $500,000Amount allocated last year to London community organizations: $25,030

2019 GOAL: $50,000Contact James Zegers or David Kirwin to see how you and

your firm can help London Lawyers Feed the Hungry

RUM RUNNERS AT THE LONDON MUSIC HALL167 DUNDAS STREET LONDON ON

DOORS OPEN AT 5:30 PM

COURT HOUSE ROCKS 2019AS COURT HOUSE ROCKS AND LONDON LAWYERS FEED THE HUNGRY PRESENT OUR

FIRST EVER AWARD SHOW!

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21

your trusted middlesex county news source on all topics legal FEBRUARY 2019

Terrance Belanger – is now practicing at Chinneck Law and his email is [email protected]

Belanger, Cassino, Coulston & Gallagher – has changed its name to Cassino, Coulston & Gallagher and suite number to 155. All else remains the same.

Baroudi Law – suite number to 702, but all else remains the same.

Elliot Law – suite number, to 950, but all else remains the same.

Lisa McManus – has moved her office to 26-3025 Singleton Ave, London N6L 0E6, all else the same.

Nathan Hwee – has joined Chinneck Law and his email is [email protected]

McCall Dawson Osterberg Handler – is now known as McCall Dawson LLP

Najia Mahmud – is now practicing at Ronald C. George Law, 9162 Tecumseh Lane, Kettle Point, ON N0N 1J1, 519-786-4414, [email protected]

Ken Dungavell – retired on December 31, 2018 and his files are with Refcio & Associates

Natalie Brezden – has moved her office to 102-111 Waterloo St., London N6B 2M4, ph: 519-642-9970, fax: 519-642-8270, email the same.

Jordan Overholt – has opened JTOverholt, 380 Wellington St., Tower B, 6th fl., London N6A 5B5, ph: 226-926-9007, fax: 226-270-5540, email: [email protected]

Casey Hayward – has joined Dyer Brown LLP and his email is [email protected]

Julie Lee – can be reached by mail c/o 362 Wharncliffe Rd. S., London N6J 2M1, fax is now 226-663-7001

Jerzy Cootauco – has moved to 472 Ridout St. N., London N6A 2P7, fax is now 226-777-8759

Karen McBride – new member practicing at Windley Ely Legal Services PC, 103-1200 Commissioners Rd. E., London N5Z 5B6, ph: 519-657-4242, fax: 519-657-4457, email: [email protected]

Justin Amaral – new member practicing at McMahon Morrison Watts and his email is [email protected]

Colin Osterberg – has opened COmediations, 3-145 Baseline Rd. E., London N6C 2N6, ph: 519-871-6009, email: [email protected]

George Sinker – has joined Lerners LLP as its Strathroy office and his email has changed to [email protected].

Superior Court Trial Co-ordination Unit (back pages) – please note that Michele DiCicco’s first name is spelled with only one “L”, and her email should be [email protected]

Cassandra da Costa – new member practicing at Hicks Morley Hamilton Stewart Storie LLP and her email is [email protected]

Paul Hendrikx – has opened his own practice at 243 Parkhill Main St., Parkhill N0M 2K0, ph: 519-294-0000, fax: 519-294-0003, email: [email protected]

Heather Bracken – has opened Bracken Criminal Law, 203-420 Talbot St., London N6A 2S2, ph: 519-433-4952, fax: 519-433-3587, email: [email protected]

Quinlan Hemeryck Barnett – is now Bezaire Hemeryck Barnett PC

Jonathon Barnett – his email is now [email protected]

Brad Hemeryck – his email is now [email protected]

Andrea Bezaire – has joined Bezaire Hemeryck Barnett and her email is [email protected]

Kathy Tomaszewski - has joined Bezaire Hemeryck Barnett and her email is [email protected]

Rob Waters – has retired but is still acting as Drainage Referee and can be reached at 7 Kittridge Ave E., Strathroy, N7G 2A9, ph: 519-245-2958, cell: 519-878-0442, email: [email protected]

Adrian Willsher – has re-joined and is practicing at Hankali Law, email is [email protected]

Leanna J.T. Simpson – has rejoined and

has opened her own practice at 25-300 Talbot St., St. Thomas, N5P 4E2, ph: 519-633-5500, fax: 519-633-5300, email: [email protected]

Anna Bowness – has joined the Family Court Duty Counsel and her email is [email protected]

Sarah Bauer – new member at Polishuk Camman & Steele and her email is [email protected]

Member Updates Send your updates to [email protected]

February 2019

Middlesex Law Association Newsletter

PublisherJoel Belisle

519 432 6721 ext. 49960 [email protected]

EditorsGail Brown

519.679.7046 [email protected]

Cynthia Simpson 519.679.7046

[email protected]

DesignCarve / Jason Recker

519.777.7196 [email protected]

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22

Your career should pay off properly in retirement.

We are interested in acquiring your established practice.

Our collaborative succession plan is unique, preserves legacy and provides significant ongoing revenue for your retirement planning.

Email in confidence to find out more:

[email protected]

London – Toronto – Burlington 1-833-858-1800 www.rrlaw.ca

The teamat Refcio&Associateswishes tocongratulate Ken Dungavell on hisretirement at the end of 2018 after adistinguishedthirty-eightyearlegalcareer.

Wewishhimalltheverybestforahappy&healthyretirementandarehonouredtobeassuming carriage of his established lawpracticeeffectiveasofJanuary1st,2019.

WearealsopleasedtowelcomeKen’slong-time clerk, Marlene Duarte, who will befacilitating the transition of his practice toourFirm.

We invite new and returning clientele tocontactusanytimeat:519-858-1800.

London–Toronto–Burlington1-833-858-1800www.rrlaw.ca

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23

your trusted middlesex county news source on all topics legal FEBRUARY 2019

Donna Mary Armstrong Anyone with information on a Will for the late Donna Mary Armstrong born April 11, 1936 and residing at 739 Grenfell Dr., London, ON N5X 2C4 (married to Kenneth Patrick Armstrong), of London, Ontario, who passed away on April 28, 2009, please contact: Joseph Van Asseldonk 519.679.0400 or [email protected].

Phyllis Lucyshyn Anyone with knowledge of the last will and testament of Phyllis Lucyshyn prepared in the early 1990s in London by Keith G. Stoner is asked to contact: Paul Fox at Dyer Brown LLP [email protected], or (519) 673-1100 x 240.

Frederick Albert James Dunsmore Anyone having knowledge of the Last Will and Testament of Frederick Albert James Dunsmore of London, Ontario who died on November 22, 2018, please contact: Norman A. Pizzale Brown Beattie O’Donovan, 519-679-0400 ext. 103, or [email protected].

Brian Edward MacDonald, Anyone having knowledge of a Will or any testamentary instruments of the late Brian Edward MacDonald, of the City of London, in the Province of Ontario, who died on January 19, 2018, is requested to contact: Kamaljit K. Saini 519) 827-9763 or [email protected].

Will Notices

Conflict of Interest? No problem. Your relationship with your client will be respected when you refer litigation or personal injury files to us.

Sandra DiMeo [email protected]

t. 519-633-8838 x 101

Conflict of Interest? No problem. Your relationship with your client will be respected when you refer litigation or personal injury files to us.

Sandra DiMeo [email protected]

t. 519-633-8838 x 101

Your relationship with your client will be respected when you refer litigation

or personal injury files to us.

Sandra [email protected]

519.633.8838 x 101

Conflict of Interest?No problem.

Resolutions Simplified. Experienced Mediators and Arbitrators.

The Hon. John F. McGarry QCMediator/Arbitrator Glenn Jones HBA, LLB

Mediator/Arbitrator

LONDON • TORONTO • SOUTHWESTERN ONTARIO

• Business

• Finance

• Real Estate

• Construction

• Employment

• Municipal, Police and Government Liability

• Health Care

• Professional Negligence

• Estates

• Sexual Assault

• Insurance and Personal Injury

Office: 200 Queens Ave., Suite 304, London, ON N6A 1J3

Let’s Talk: 519-434-1221

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24

PART-TIME LAWYERS NEEDED Sykes Assistance Services is an award-winning organization that provides premium, private label contact center solutions for many of Canada’s largest organizations. Our Legal Assistance Division is seeking part-time lawyers to: ►Provide telephonic legal advisory services on behalf of Employee Assistance Program providers ►Respond to the toll-free “Brydges” Duty Counsel service We are seeking part-time lawyers to fill a variety of, for the most part, overnight shifts commencing at 8pm or later. Successful candidates can apply to complete shifts from their home or office. Successful candidates should: ►Have knowledge of the criminal justice system or broad knowledge of general practice ►Be in good standing with the Law Society of Upper Canada ►Have LawPRO coverage Please forward your resume via fax or e-mail to: Riyad Bacchus, Director – Legal Assistance Division Sykes Assistance Services Corporation T: (888) 225-6824 x4412 F: (888) 963-1035 E: [email protected]

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your trusted middlesex county news source on all topics legal FEBRUARY 2019

Debt problems?We can help.

Debt Consolidation in London, Ontario.McLennan & Company Ltd. is a Licensed Insolvency Trustee (formerly Trustee in Bankruptcy) providing financial restructuring services that focus on consumer debt problems. If you are an individual experiencing financial difficulty, we are here to help you find a solution.Consumer Proposals | Debt Restructuring Credit & Debt Counselling | Bankruptcy Services

Bruce McLennan lit

519.433.4728 | [email protected] | www.MandC.ca

• ForensicDocumentExaminer

• Certifiedgraphologist

• B.A.,B.Ed.• Memberof

IADE,IGAS

NathalieA.Bureau

Courtqualifiedinthecriminalandcivilsystem

andjusticetribunals.

www.diannvail.com519-476-6223

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26

JOINING THE MIDDLESEX FAMILY LAWYERS’ ASSOCIATION (MFLA) The MFLA provides services and support to family lawyers in Middlesex County, and advocates on behalf of the family law bar. In addition to circulating notices and other information to local family law counsel on our e-mail list, MFLA members are invited to additional social and educational events throughout the year. Last year these events included:

• "Private Eyes" educational event to learn about effectively working with private investigators in family litigation, with Evelyn M. ten Cate (Foster Townsend LLP);

• The "March Break" social event at the Rhino Lounge;

• "Summer Social" and celebration for the Honourable Justice McSorley's retirement;

• "Adoptions 101" educational event with the Honourable Justice Vogelsang, David Nash (McKenzie Lake Lawyers LLP), and representatives from the London Children’s Aid Society; and

• Our annual "Holiday Party" and year-end social at Abruzzi.

Membership fees also support the MLA Library's annual Divorcemate subscription. Members also receive a discounted rate for the MFLA’s Annual Conference (sponsored by McKenzie Lake Lawyers LLP). This year’s 29th Annual Conference will take place on Friday, September 27, 2019 at the Best Western Lamplighter Inn. If you’re a local family lawyer or family law professional and you’d like to join our general e-mail list, or if you’re interested in becoming an MFLA member, please contact [email protected] for more information.

2019 MFLA EXECUTIVE We would like to extend a special thank-you to Beth Leaper (Beth Leaper Family Law & Leapfrog Mediation) and Camille Riggs (Siskinds LLP) for being our co-presidents for the past two years, and we are very happy to introduce our new 2019 executive:

• Co-Presidents: Nadine Russell (Siskinds LLP) and Louise Mimnagh (McKenzie Lake Lawyers LLP)

• Secretary: Genevieve Samuels (Samuels Family Law)

• Treasurer: Jelena Buac (McKenzie Lake Lawyers LLP)

• Members at Large: Beth Leaper, Camille Riggs, Michelle Raithby (Lerners LLP), Andrea Cooley (Siskinds LLP), and a warm welcome to our newest executive members: Hilary Jenkins (Foster Family Law), Wendy Trieu (Trieu Family Law), and Matthew Gianotti (Refcio & Associates)

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your trusted middlesex county news source on all topics legal FEBRUARY 2019

Family Law Associate Opportunity

Peter D. Eberlie Family Law & Mediation is seeking Associates to join the practice in London, Ontario.

Family Law Lawyer seeks up to 2 motivated and preferably experienced Associates to join his practice, to take on new files, manage existing files and conduct Conferences, Motions and Trials with direction and supervision. This is an opportunity to join a mature Family Law practice and to learn how to manage and litigate a Family Law case. You will be taking on new files, meeting with clients, going to Court, drafting Affidavits/Conference Briefs and Factums, and conducting Examinations and Trials. In turn Peter Eberlie can help you manage client expectations – develop case plans and strategies and most importantly how to prepare for Motions, Conferences, Trials and Mediation. If you are interested in applying, please forward a cover letter and resume to the attention of Peter Eberlie by email to: [email protected]. While we thank all applicants for their interest, only those selected for an interview will be contacted.

www.eberlie.ca

Walk-In Notary is seeking a lawyer to work at our London, Ontario office on a part-time basis. This is a stress-free job that requires little training. It is suitable to a new call or a retired lawyer but also to a lawyer that is seeking to supplement his/her income. This position will provide you with a lot downtime, which you can fill by doing other work if you so choose. Compensation is in the form of an hourly fee and commission.

Please apply with the with following: -Resume -Cover letter -Indication of your availability -Please indicate if you have your Ontario Notary Public designation and if you have any previous notary work experience Direct your application to the following email address: [email protected] Please note that you must be a lawyer in good standing with LSO to qualify.

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Executive & Committees2018-2019

President Lawrence Blokker t. 519-657-8985 f. 519-657-7286 [email protected]

Vice-President James Zegers t. 519-673-0440 f. 519-673-0442 [email protected]

Treasurer Erin Rankin Nash t. 519-963-0162 x6 f. 519-963-0159 [email protected]

Assistant Treasurer Robert Ledgley t. 519-640-6351 f. 519-932-3351 [email protected]

Past President, Sick & VisitingDon Crawford t. 519-673-1236 f. 519-672-3906 [email protected]

SecretaryRobert Ledgley t. 519-640-6351 f. 519-932-3351 [email protected]

LibraryJennifer Wall - Chair t. 519-679-9660 f. 519-667-3362 [email protected]

Jacqueline Fortner t. 519-640-6322 f. 519-932-3322 [email protected]

Kelly Nenniger t. 519-672-3535 f. 519-672-3565 [email protected]

Law [email protected]

Librarians:Gail Brown t. 519-679-7046 f. 519-672-5917 [email protected]

Cynthia Simpson t. 519-679-7046 f. 519-672-5917 [email protected]

Toll-free: 866-556-5570

AdministrationChristina Martin - Chair t. 519-672-2121 f. 519-672-6065 [email protected]

Jennifer Butkus t. 519-661-6768 f. 519-667-3362 [email protected]

EntertainmentNicola Circelli - Chair t. 519-673-1850 f. 519-673-4966 [email protected]

Kelly Nenniger t. 519-672-3535 f. 519-672-3565 [email protected]

Carolynn Conron t. 519-673-1881 f. 519-673-0996 [email protected]

Kevin Wilbee t. 519-673-1670 f. 519-439-5011 [email protected]

NewsletterJoel Belisle t. 519-432-4282 f. 519-434-8232 [email protected]

WebsiteJennifer Wall t. 519-679-9660 f. 519-667-3362 [email protected]

James Zegers t. 519-673-0440 f. 519-673-0442 [email protected]

Carolynn Conron t. 519-673-1881 f. 519-673-0996 [email protected]

CPDJake Aitcheson - Chair t. 519-640-6396 f. 519-932-3396 [email protected]

Jennifer Butkus t. 519-661-6768 f. 519-667-3362 [email protected]

Director of CPDPaula Puddy t. 519-434-1901 f. 519-681-8523 [email protected] CPD cell 519-868-6771

Bench & BarJoyce Thomas - Chair t. 519-670-0450 [email protected]

Christina Martin t. 519-672-2121 f. 519-672-6065 [email protected]

MentoringKaren Hulan - Chair t. 519-673-4944 f. 519-432-1660 [email protected]

Jake Aitcheson t. 519-640-6396 f. 519-932-3396 [email protected]

ScholarshipDon Crawford t. 519-673-1236 f. 519-672-3906 [email protected]

OBA RepVacant