Winter Issue February 2006 Number 1 Peel Briefs The Newsletter of the Peel Law Association

PEEL LAW ASSOCIATION PRESIDENT’S MESSAGE by Mark Skursky

A short while ago I received an evaluation Worship Debra Ann Houston now sitting. I was of the Criminal Staff Offices-First Year Report, pleased to have attended for several reasons. It submitted to Legal Aid Ontario. Those of you was a pleasure to see gathered together many of out there who practice in the busy and congested the excellent judicial resources that our area has. criminal courts may wish to review that It was also an opportunity to make a suggestion INSIDE: document. It clearly has ramifications for that despite this wealth of judicial talent we are Regular Reports: practice here in Peel in the future. under staffed in the judicial area. That we need Bencher Report ...... 2 Comings & Goings ...... 3 It does get me thinking again that a point more judges is plain to anyone looking for court Event Calendar ...... 1 that I made several months ago should be pursued dates in Peel. I was particularly pleased by the Librarian's Report ...... 4 President's Message ...... 1 by both the Peel Law Association and the Peel additional ceremonial touch brought to this event Articles: Criminal Lawyers Association in the future; by Her Worship Huston. Present at the swearing Abusive Partner: Client & Witness .. 8 Beef Night 2005 ...... 10 the expansion of the Brampton/Peel Courthouse in were Richard Assinewai and Kathy Fortin, Benefits Of Membership ...... 11 Congratulations Justice Bourque ...... 2 complex. There is no question that the complex native elders who offered an opening prayer and Criminal Practice Development ...... 7 was cut back from it’s original larger plan. It smudging ceremony. It went a long way to display Family Law Project ...... 4 Farewell John ...... 5 is equally clear that this was shortsighted and a very touching element in the multicultural Real Estate Info Update ...... 9 Peel Mock Trial Tournament ...... 8 our region is now paying dearly for that. The diversity of our area. PLA AGM 2006 ...... 6 PLA Board of Directors ...... 6 courthouse is exceptionally busy; crowded in Between November 11-13th I was in Recent Swearing-In Ceremonies .... 4 Report On Real Estate Fraud ...... 10 fact. This is true for both the civil and criminal for the fall plenary of the County and District S/C Bench & Bar Committee Report 9 Ski Day 2006 ...... 12 areas. But, as a recent article in one of the Law Presidents’ Association where I met with Thank You Justice Durno ...... 4 lawyers’ newspapers indicated, there are not many of the other Association heads to discuss a What The Defence Needs To Know 5 When Worlds Collide ...... 11 enough judicial resources in Ontario. This is no continued on page 8 .... Winter Social 2005 ...... 11 PEEL LAW more critically seen than in Peel. I would urge ASSOCIATION all lawyers in this region to write to the A. Grenville government and call for an expansion of our CALENDAR OF and William Davis courthouse complex. It may require a number UPCOMING EVENTS Court House of years but it must begin somewhere. In the 7755 Hurontario Street Suite 160 past year a number of new courthouses have Peel Mock Trial Tournament Brampton, Ontario L6W 4T1 opened in other less congested areas of the March 2 and March 10, 2006 Tel: (905) 451-2924 at the Brampton Courthouse Fax: (905) 451-3137 province. I was more than pleased recently to be ❅❅❅❅❅ Editor Beverley Martel asked to attend, as representative of the Peel Peel Criminal Lawyers Association (PCLA) Managing Editor Law Association, at the swearing in ceremony next meeting is scheduled for Melissa Firth of three new Justices of the Peace. I am pleased Tuesday, March 21, 2006 Contributors ❅❅❅❅❅ David Acri to report that we have Her Worship Jeannie I. Peter Bourque Melissa Firth Anand, Her Worship Milagros Eustaquio-Syme, Peel Family Lawyers’ Forum Vince Houvardas Beverley Martel His Worship Michael Frederiksen and Her on Problem Access Gerard Michaud Thursday, March 30, 2006 Angela Moebs Sherri Moss ❅❅❅❅❅ Bonnie Racz FROM THE EDITOR Mark Skursky Angie Vaccaro Continuing Legal Education Seminar Yes we’re late (with this issue)!! Photos What the Defence Needs to Know, Part III David Acri No apologies or excuses, we held up this Beverley Martel Thursday, April 6, 2006 Melissa Firth issue to allow us to report on the AGM. ❅❅❅❅❅ Published by: LSUC - Real Estate Consultation Process EXCEL Spring 2006 ~ TBA Desk Top Publishing & Printing Dead Line for Next Issue 15 Glebe Cr., Bramalea, Ont. 905-792-3914 May 1, 2006 BENCHER REPORT - #13 CONGRATULATIONS by Peter N. Bourque JUSTICE BOURQUE TREASURER’S ELECTION by Bev Martel Treasurer George Hunter, who in my opinion has served us well and who was an energetic and thoughtful leader of the Bench, felt compelled to resign for personal reasons. I knew George Hunter from my days on the executive of the County and District Law Presidents’ Association and George was always a good friend of the lawyers in the counties and was very cognizant of the need to maintain strong law associations anchored by strong libraries. As a result of George Hunter’s resignation the By-laws of the Law Society provided for the Acting Treasurer to be the existing Chair of Finance. That happened to be Clayton Ruby and he has been acting in that capacity since late November. After George Hunter’s resignation became permanent in January, Convocation convened this month and an election for a new permanent treasurer will take place on February 23rd. At present there are two candidates namely Clayton Ruby and Gavin MacKenzie. Clayton Ruby is very well Peter Bourque (as he then was) known to the profession and has been a Bencher of the Law Society for longer than I have been a lawyer (over twenty- eight years). Congratulations are in order on the appointment of Peter Gavin MacKenzie is a civil litigator from Toronto and N. Bourque as Judge of the Ontario Court of Justice presiding has served on most of the senior portfolios in his long ten in Newmarket. He received “the call” from Michael Bryant years as a Bencher. He is presently Chair of LibraryCo and February 2nd and was sworn in March 3rd (no pressure there as a result, he is very aware of the strong ties that the to wind up a busy practice!). It seems like just yesterday counties have to their libraries and the importance of the that Peel Briefs ran the news of his election as Regional library in the County Law Association system to the lawyers Bencher for the Central West Region. While Justice Bourque in this Region. was not a PLA member (he practiced in Orangeville) he had The election will take place on February 23rd and people long taken a keen interest in Peel and during his short term I am sure will watch it with some interest. energetically represented our interests at Convocation. BAR ADMISSION COURSE After completing his undergraduate studies at York We are now in the year for the commencement for the University Justice Bourque attended Osgoode Hall Law School, new Bar Admission Course procedures. It is difficult for the graduating in 1976. Though he articled in Toronto he quickly profession to be aware of the incredible amount of work that set up shop in Orangeville. Justice Bourque was a sole has been done by the Law Society staff, some of the Law practitioner, focusing mainly on litigation, family and criminal. Society Benchers and a huge number of the practising He sat on the executive of the County and District Law profession who have been consulted and have actively worked President’s Association from 1995 to 2001 and was one of on the designing of the programs and the specifics of the the founding members of Library Co. course materials and exams. Peter’s report at the Annual General Meeting on February It may be of interest to those who have some doubts 23rd was up to date, informative and most compelling. With about the new structure, to know that virtually all of the INNS of Court in the United Kingdom and the Law Society his “Bencher’s Report” Justice Bourque contributed regularly of the United Kingdom use a very similar style of the exam to Peel Briefs and as Editor I will miss him. As a colleague I procedure for their entrance to the Bar. I believe that the wish him all the best in his new career. Our loss is surely Bar Admission Course will be a great success and I would Newmarket’s gain.

continued on page 3 ....

Page ... 2 COMINGS AND GOINGS by Angela Moebs

Christopher Andree has moved his practice. Mr. Andree Ranbir Mann has moved his practice. Mr. Mann is is now with Lawrence Lawrence Stevenson LLP located at now located at 211-4515 Ebenezer Road, Brampton, L6P 43 Queen Street W., Brampton, L6Y 1L9, telephone: 905- 2K7, telephone: 905-913-0447, fax: 905-913-0448. 451-3040, fax: 905-451-5058. Patrician Nelson has moved her practice. Ms. Nelson Gordon Bobesich has moved his practice. Mr. Bobesich is with Kain & Ball located at 240-1900 Dundas Street W., is now located at 704-10 Kingsbridge Garden Circle, Mississauga, L5K 1P9, telephone: 905-855-4888, fax: Mississauga, L5R 3K6, telephone: 905-502-3461. 905-855-3760. John De Ponte has moved his practice. Mr. De Ponte is Pretam Purewal has moved her practice. Ms. Purewal now located at 61 Windsor Road, Toronto, M9R 3G6, is now located at 1-2995 Sandalwood Parkway E., Brampton, telephone: 416-242-6350. L6R 3J6, telephone: 905-799-6111, fax: 905-799-6105. James Dixon has moved his practice. Mr. Dixon is now Rachel White has moved her practice. Ms. White is located at 160 Main Street S., P.O. Box 92509, Brampton, now located at 1-2624 Dunwin Drive, Mississauga, L6W 4R1, telephone: 905-270-5462, fax: 905-452-8636. L5L 3T5, telephone: 905-828-2247, fax: 905-828-4311.

BENCHER REPORT - #13 ... continued from page 2 congratulate Diana Myles, the Director of Professional provisions of the plan which could lead to financial distress Development and Competence for coordinating the new course. either for the plan, or for the Members. I believe that there is sufficient resources in the fund and sufficient protections LAWYERS’ FUND FOR CLIENT COMPENSATION to allow an increase in the payments in order to keep pace It has been my pleasure since August, to be Chair of this with these inflationary pressures. Committee. The provision of client compensation is, in my GOODBYE opinion, one of the most important things we do as a self regulating profession. At present, the Fund has approximately As I write this bulletin, I know it will be the last bulletin 18 Million dollars in it in order to cover unforeseen defalcations. I will write, as I have had the pleasure of accepting an offer While the amount of grants paid in any year can vary quite to serve on the Ontario Court of Justice in Newmarket. It is widely, the average grants paid out is usually between 2 1/2 difficult to sum up twenty-eight years of practice and several and 3 Million dollars a year. As Chair of the Committee, I years of service to the Bar in CDLPA and as a Bencher of get to vet the significant claims and payouts. They make the Law Society in just a few words. distressing reading and would cause any lawyer concern. I have enjoyed the practice of law immensely. The There appears to be a growing trend that the defalcations profession is a noble and honourable one. We lawyers do occur in the area of Estates. difficult work for people in difficult circumstances. We For the past fifteen years, the maximum payout to any apply all out talents and energies and skills to solving the person in such a situation is $100,000.00. The Committee is problems of our clients within the context and framework of going to start looking at this figure with some care. The law. Our profession is essential to the maintenance of a ravages of inflation would make this number I think unduly strong democracy and a healthy social fabric. small but of course, we don’t wish to tamper with any Besides that, the practice of law is fun.

Page ... 3 LIBRARIAN’S REPORT by Melissa Firth

Just a few items of business to take care of in order to The Library Staff are planning an orientation of the kick off the new year! First, thank you to those who have Library and courthouse aimed toward articling students, new recently participated in the training sessions held in the PLA calls and lawyers new to the Region of Peel. The purpose of Library. Presentations and hands-on training was conducted the orientation is to assist with the available resources in the for online products including CCH Online, Quicklaw and Library and the many benefits of membership. We will be LawSource. If you were unable to attend one of the sessions, providing a tour of the building and hope to have presenters additional seminars will be arranged over the coming months. from the Judiciary, Court Administration and Legal Aid Ontario Each session took approximately ninety minutes. Be sure to in addition to distributing materials to assist with the generally ask Library Staff about acquiring your FREE Quicklaw expected protocols and professional conduct in the Region password and other online resources for conducting both of Peel. primary and secondary research. By now all PLA members should have received their As mentioned in recent issues, there is a document delivery membership renewal packages. The benefits of membership and inter-library loan service available to all lawyers. The and services offered by the library were listed in a pamphlet Peel Law Association Library has agreed to participate in enclosed within each package. Please be aware that your this program and have satisfied a number of requests from privileges as a PLA Member expired on Tuesday, February other Ontario courthouse libraries as well as placing requests 28, 2006 including discounts on upcoming CLE programmes, on behalf of our own lawyers since advertising the service overnight use of the library collection and your inclusion on last year. Your requests for materials, along with suggestions the PLA website “Find a Lawyer” service will be eliminated for items to be purchased for the library collection are vital - again, just to name a few! Please contact the Library Staff to the planning and sustained viability of the collection. at 905-451-2924 for further information. Please continue to share your needs with the library staff.

RECENT SWEARING-IN FAMILY LAW PROJECT CEREMONIES - VOLUNTEER LAW STUDENTS by Gerard J. Michaud On Monday, January 16th, 2006 four new Justices of the Peace were sworn into the Ontario Court of Justice. The I am pleased to announce that volunteer law school newest JPs for Brampton include Her Worship Jeannie I. students, made available through Pro Bono Students of Canada, Anand, Her Worship Milagros Eustaquio-Sme, His Worship in co-operation with Legal Aid Ontario, will now be working Michael Frederiksen and Her Worship Debra Ann Huston. at the Family Law Information Session (“FLIC”) at the A. Congratulations to the PLA’s own Beverley Martel who Grenville and William Davis Courthouse. They will be was sworn in as Deputy Judge, Small Claims Court in the assisting clients with the drafting of family court documents Region of Peel on January 19th, 2006. She joins another for the Ontario Court of Justice and the Superior Court of current PLA Board member David Acri as well as other such Justice. (They will not give legal advice.) The students are illustrious former Board members Tom Carey, Rob Filkin, available on Mondays, Wednesday mornings and Friday Ken McCabe, Marvin Kurz, and Ian Latimer to name a few. mornings. Clients must first consult with an Advice Lawyer at the FLIC and must be financially eligible for this service. The students are from Osgoode Hall Law School () and Law School and are THANK YOU JUSTICE in their second or third year. DURNO! This service should be particularly useful to clients who must fill out papers for emergency motions, refraining motions The Honourable Mr. S. Bruce Durno, Regional Senior or simple motions to change support. It is hoped the extension Justice, recently donated his former robe and vest to the Peel of the Family Law Program to Peel will significantly improve Law Association. The robe and vest along with tabs will be the services received at the FLIC and reduce some of the made available to members of the Peel Law Association who barriers in the family justice system faced by clients of very have forgotten to attend the courthouse with the required modest financial means. apparel. Just another benefit of membership! I hope you will join with me in welcoming these law students, our future colleagues.

Page ... 4 WHAT THE DEFENCE FAREWELL JOHN ! NEEDS TO KNOW - PART II by Bev Martel by Vince Houvardas Past PLA Treasurer and Director, John Buote takes his leave having finished his third-term on the Board. His The PLA Legal Education Committee’s “What The contributions to the Finance Committee and the Personnel Defence Needs To Know-Part II” took place in court room Committee, as well as his input at our monthly meetings, 212 at the Brampton courthouse on November 17, 2005. will make filling his shoes a tough job indeed . Mr. John Pearson, Director of Crown Operations, addressed We’ll miss him. the defence bar directly on the implementation of the Criminal Case Management Protocol. Highlights of the protocol include case management by Judges to take control of criminal cases which have become lengthy in court appearances without progress, or have otherwise fallen off the rails. Other aspects, such as the immediate availability of the crown synopsis to defence counsel at the bail stage, are designed to streamline criminal cases. A copy of the protocol is available for viewing at the library. Defence counsel and adjunct professor with Queens University, Mr. Dhaman Kasoon teamed up with former immigration adjudicator David Benning for a question and reply type presentation. This was an effective demonstration of the implications of criminal law happenings on immigration issues. This topic will be addressed further in “What The Defence Needs To Know-Part III’ coming this spring. Other presenters included Ms. Kelly Gorman of the Department of Justice and defence counsel Ms. Marcy Segal. Ms. Gorman provided a helpful overview and insight into John Buote bids farewell the new preliminary inquiry rules while Ms. Segal gave a tutorial on effective drafting for criminal law. If Marcy’s presentation was not enough to help you on your next Charter Examination for Discovery application, there are about 100 pages of Marcy’s precedents Questionings Cross-Examinations available to the defence bar in the library (duplication fee is Mediation/Arbitrations $40.00 for PLA members and $60.00 for non-members). Online Booking Special thanks to all the presenters from the PLA education committee. www.accardi-miller.com Be sure to mark your calenders for “What the Defence Phone: 905-456-3100 Needs to Know-Part III” which is scheduled for April 6, Fax: 905-456-3109 2006. 197 County Court Blvd., Suite 302 Brampton, ON L6W 4P6

Email: [email protected] Areas of Law www.derushalawfirm.com

Page ... 5 PLA AGM 2006 by Bev Martel

The Peel Law Association Annual General Meeting was held February 23rd, 2006 at the Brampton Golf Club. Chaired PEEL LAW ASSOCIATION by Mark Skursky (President), the members approved the agenda and the Minutes of last year’s meeting before moving BOARD OF DIRECTORS on to the business of the evening. Reports were presented by 2006- 2007 Vince Houvardas on behalf of the Peel Criminal Lawyers Here’s the list, your new Board Association, by John O’Kane, for the By -Law Subcommittee for the next twelve months. and Wes May, Strategic Planning Committee. Treasurer John Buote tabled the Association’s Financial MARK SKURSKY DAVID ACRI Statements and Budget and the members appointed the Auditors BEVERLEY A. MARTEL for the upcoming year. The bottom line is our Association is FRANCES WOOD on solid financial ground. BONNIE RACZ Mark delivered his president’s report, much of which is SHERRI MOSS * reprised in the written version in this issue. Peter Bourque, CARMEN McCLELLAND * our Regional Bencher (as he then was) addressed a host of SUZANNE BALPATAKY current concerns facing the profession, ranging from Legal VINCE HOUVARDAS Aid to the regulation of paralegals. (See his “Benchers Report” GERARD MICHAUD herein.) STEPHEN BECK Three of our existing Directors were up for re- election MARVIN KURZ * (Sherri Moss, John O’Kane and Carman McClelland). Patricia PATRICIA SZWED* Szwed, a newly called lawyer with Keyser Mason Ball was JOHN O’KANE * DON LEFEUVRE nominated prior to the AGM, and Marvin Kurz, (a former Director) was nominated from the floor by yours truly. There * denotes Board members elected being five nominations for five positions, the candidates (or re-elected) February 23, 2006 were acclaimed. Congratulations all! By 6:30 p.m. the meeting was over and the members adjourned to the bar for a short but enjoyable cocktail hour. Approximately sixty members reserved for dinner but judging by that empty table there were a few no-shows. The Judiciary was represented by The Honourable Madam Justice Juliet Baldock, The Honourable Madam Justice Kathleen Hawke and The Honourable Mr. Justice David Wake. Dinner was preceded by Suzanne Balpatacky saying grace, and Vince Houvardas proposing a toast to the Queen and to Canada. After dinner Mark introduced Ormand Murphy, Chair of the County and District Law President’s Association who entertained us with his humour and sobered us with his comments regarding LibraryCo and the challenges facing all the County and District law libraries. Unlike Peter and Mark, there is no written contribution from Orm contained in this issue and those of you who were absent missed a valuable speech. At evening’s end Bonnie Racz and Frances Wood welcomed our new Directors, David Acri expressed our appreciation of Mark’s service during his two terms as President and I had the privilege of thanking John Buote for his three Past PLA President (Thee Honourable Madam Justice Juliet Baldock) terms as Director and Treasurer. and President in waiting David Acri

Page ... 6 PLA AGM 2006 ... continued from page 6

PLA Board of Directors 2005 - 2006

PLA Board of Directors 2006 - 2007

CRIMINAL PRACTICE DEVELOPMENT by Vince Houvardas Pursuant to a recent direction from John Pearson, Director This made it difficult both in terms of preparing for bail and of Crown Operations, all Peel Regional Police Packages are receiving the client’s instructions. to include a third copy of the synopsis for Legal Aid Duty Duty counsel and private counsel alike should insist on Counsel. a copy of the synopsis at the earliest stage of proceedings. This is an important development, as in the past, duty This is pursuant to the implementation of the Criminal Case counsel (or newly retained counsel) did not have the benefit Management Protocol. of the synopsis of the Crown’s allegations at the bail stage.

Page ... 7 THE ABUSED PARTNER: 2006 PEEL MOCK TRIAL AS CLIENT & WITNESS TOURNAMENT by Gerard J. Michaud A. Grenville and William Davis Courthouse On November 16, 2005, the Peel Committee Against March 2nd and March 10th, 2006 Woman Abuse (“PCAWA”), in cooperation with the Peel Law Association, presented a seminar aimed at providing Many of the schools participating in the family and criminal lawyers insight into the impact of family tournament have expressed an interest in violence and the effect on individuals who may be a client or acquiring criminal codes (2003 and later versions), a witness. (I had the honour of helping to organize this which you may have for donation. seminar, as co-chair of the PLA’S CLE Committee and a The Public Legal Education Committee is also member of the Legal Workgroup of the PCAWA.) looking for donations of items (firm trinkets PCAWA is a formal collaborative of over 30 agencies or otherwise) to be given as gifts to participants. and institutions that provide services to abused women and If you have any extra criminal codes for their children in Peel Region. PCAWA’s agency representatives donation or other items as gifts for the work collaboratively to promote an effective and co-ordinated Peel Mock Trial Tournament, response to women abuse in the Region of Peel. Its members please drop them off in the PLA Library. include community service agencies, women’s shelters, police, children’s aid, victim services and others. It is the largest Thank you in advance, collaborative of its kind in Ontario. The Public Legal Education Committee The keynote speaker was the well-known family lawyer Carole Curtis. She spoke from her years of experience representing abused women in family law disputes. Despite the title of this seminar, her view was that this was, fundamentally, a women abuse problem. Some of the points brought home: * There are no characteristics or predictors of which women will be abused. They come from all social, economic, • Marty Hughes • Brian Braun • David Straughan cultural, religious, educational, employment and psychological Chartered Accountants and Business Advisors backgrounds. At Your Service * The goal of an abuser is to control his victim, the Accounting Corporate Tax Planning abuser works to remove the victim’s ability to make decisions. Auditing Business Valuations In representing such a client, a lawyer must deal with the Personal Tax Planning GST/PST client’s inability to make decisions or new assertion of her Personal Financial Business Plans authority. Planning Financial Planning * Abusers will often use the court process to harass their Trust & Estate Planners Advisory Services former partner and exercise control over her. Sometimes, 8501 Mississauga Road, Suite 301, Brampton, Ontario L6Y 5G8 they are successful in using litigation, economics and the Phone (905) 453-3232 Fax (905) 453-3522 children to drive their former partner back into the relationship. E-mail: [email protected] Website:www.macgillivray.com PCAWA announced that they will be presenting a second BRAMPTON HAMILTON ST. CATHARINES seminar in 2006, focused on information for those lawyers www.macgillivray.com who represent abused women in family law matters.

HENDREN APPRAISALS

REAL ESTATE APPRAISERS & CONSULTANTS 13 APPRAISERS SERVICING PEEL & HALTON • Estate, Litigation, Divorce • Experienced Expert Witness ROD HENDREN, AACI MARY LOU HENDREN, CRA 44 Queen Street East, Brampton, Ontario • Tel: (905) 450-3307

Page ... 8 REAL ESTATE INFO UPDATE SUPERIOR COURT BENCH by David Acri AND BAR COMMITTEE As many of you are aware, title insurance companies are REPORT continually looking at ways to reduce fraud. We now have by David Acri received a directive to obtain photo identification on vendors in a transaction. The directive is unclear as to what we are Our Bench and Bar Committee met on February 22, required to do with the information. 2006. As usual, the Family Law Rules were front and Generally, the photo id of a purchaser goes to the bank. center. As solicitor for a purchaser, should you request a copy of The memorandum regarding Case Conferences that was photo id from the vendors? Does this go to the bank as promised some time ago has been delivered. There is going well? As solicitors for either side, we should be cognizant to be a greater emphasis on ensuring that it is productive, of the Privacy legislation, and how we are potentially breaching and greater penalties, against lawyers as well, if it is not. it by faxing our client’s id here and there. Many of you will have received a Status Court notice. At the moment it seems that as vendor’s solicitor it is It seems that the computer system was saving them up since best to get the id and hold it in the file. You can confirm that June, and sent out almost 800 notices recently. The court is you have it, or amend your direction re title to include staggering under the load. Approximately 40 per week will something like “We confirm that we have provided our now go out. It is based on Family Law Rule 39(11), which solicitors with satisfactory photo identification”. requires that matters be set down for trial within 200 days. Also, as you are probably aware Brampton tax department Note Rule 3(5), allowing for a motion to extend the time. is no longer giving verbals. As title insurance requires The procedures on motions to vary under Rule 15 will confirmation of taxes, we are left with either the old system change. More on that in the future. of mailing in a request and paying a fee, which is not always It looks like Commercial Court might be up and running practical, or coming up with something else. At the moment by the fall. It seems that it will rely on Rule 38, whereby I am putting a special clause in my requisition letter that the Applications will be preferred. vendor shall provide proof of payment of taxes. Finally, you are reminded that there is a box at the court I am open to better suggestions on these issues, and will office where estate matters can be filed without waiting. circulate any great ideas! The next meeting is in May. If you have any questions or comments, please email me at [email protected].

PRESIDENT’S MESSAGE ... continued from page 1 host of ongoing issues. Chief amongst them was the LibraryCo Orm Murphy, chair of the County and District Law budget for 2006 and the Library Services Survey. The budget Presidents’ Association, an excellent speaker, has been the presented by LibraryCo was passed by LSUC and the Survey guest speaker at our 2006 Annual General Meeting held is now complete. Many of those present were not happy February 23rd, 2006. He laid out some of the other ongoing with either of these items. The courthouse libraries’ paper issues raised at the CDLPA Plenary which the bar is facing collections will be maintained but not enhanced by funds in the near future, including paralegals, real estate fraud, the from LibraryCo in future and any such funds will have to be small practice and sole practitioners report and others. I raised by the local associations. There is no question that appreciated the opportunity to hear him. A complete report LibraryCo continues to present a case for primarily computer of my attendance at the CDLPA Plenary is available in the library services. Many of the delegates present continue to library as is the County and District Law Presidents Association push, as I have in the past, for a maintenance and enhancement official report. of the ‘bricks and mortar’ library as well as its continued Finally, Ski Day took place February 17, 2006 which staffing. Future computer services only development seemed seems to have been enjoyed by all in attendance and with the to be the less than hidden agenda behind the survey which series of new continuing legal education seminars being many of you completed in the fall of 2005. There were rolled out, it looks to be an active time for the association. about 3,100 respondents; approximately 1,200 of which came I would also like to thank all those who have been from Toronto. But there was a computer only response. This supportive of the Association’s efforts over the past year is one of the reasons why others, like myself, objected to the and hope that many of you out there will take an active part limitations presented by the manner in which the survey was in the work of the Association in future by becoming involved rolled out to the bar across the Province. I, amongst many, with some of the many committees which are working hard believe that some of the results obtained from the survey are on behalf of all the lawyers in our area. tainted and any results should be viewed somewhat skeptically.

Page ... 9 REPORT ON THE REAL BEEF NIGHT 2005 - ESTATE FRAUD SEMINAR A TRIBUTE TO TOM CAREY by David Acri by Sherri Moss

The Real Estate Fraud Seminar was held on December It was a cold and stormy winter night.....one of the worst 14, 2005. Jonathan Speigel spoke first regarding a case in storms of 2005, but that didn’t stop the crowds of lawyers, which he was involved, T-D Bank v. Jiang, (2003), 63 O.R. defence attorneys, Crown attorneys and Judges from crowding (3d) 764 SCJ. Here an innocent owner of property was into the Rotary Glen to attend the annual Beef Night presented defrauded of his title, and the bank was defrauded of their by Peel Criminal Lawyers Association. On any given year it mortgage. Eventually, the Land Titles Assurance Fund was can be a roast or a toast. On this occasion, it was a hands called upon for compensation. Mr. Speigel also gave some down genuine display of appreciation, fondness and respect excellent advice about discharging line of credit mortgages. for one of Peel’s finest advocates. Tom Carey’s career is It is important to request in writing that the line also be remarkable. His volunteer work in the community is so closed when delivering the cheque to pay out, to avoid a extensive that there would not be room on this page to list all situation where a vendor continues to draw on an active line his endeavors. He has also established himself as a after closing. distinguished defence lawyer, part time Crown, former Law Lorne Shuman, Director of Legal Services at First Society bencher, founding father of the Criminal Lawyers’ Canadian Title, and Audrey Nielsen, the local Account Association and Peel Briefs and a real treasure in the Region Manager, attended with materials. Mr. Shuman provided a of Peel. number of helpful hints. Fraudsters generally impersonate a person, using fake ID that sometimes includes full identity It was a very special evening where Tom and his peers theft. When asking for ID, as we all should be doing in shared a night of laughter and treasured memories and an every case, note the following: 1) Passports are the best ID, opportunity to say thank you to a member who continues to as they are the hardest to fake; 2) SIN cards in the 900 series be a pillar of our legal community; a gentleman through and are generally issued to non-residents and expire, and 3) through. Tom, you’re a hard act to follow. You make don’t take a drivers license at face value - they are relatively practicing law something to be proud of. easy to fake! Check that the last 6 digits are the person’s Beef Night is a very special event where the attorneys birth date. Check the expiry date on the back - it is usually and judges can meet, leave our adversarial positions aside the person’s birth date. There should be a hologram of a and go on with the business of being true friends. I look trillium on the front. And most amazingly, there is a line forward to next year’s beef night and Mike O’Neil’s selection beneath the word “Ontario Drivers License”. If you look at of the year. it in a magnifying glass, it is actually the word “Ontario” written over and over in micro-print, and is apparently very hard to reproduce. When copying any ID, use the enlarger on the photocopier and copy both sides. There is approximately $300 million in fraud in Canada. Although the title insurance companies are working hard to reduce that, and have had some success, the police are doing very little. However we, to avoid claims, should be diligent and vigilant by looking out for some of the “fraud flags” - private deals with no realtor, quick closings, deposits paid directly to a vendor, a vendor that can’t provide a deed/ survey/tax bill, contact by cell phone only or “don’t call my spouse”, vacant and tenanted properties, and frequent or recent activity on title. Remember, for the relatively little that we make on a deal, if it feels wrong, you don’t have to do the deal. Use your common sense! There was some good news. Provided that the lawyer has exercised due diligence, it appears that the title insurance policy should cover any fraudulent loss. As well, although it appears that it is mortgage brokers more so than real estate agents that are involved in fraud, revisions to the Real Estate and Business Brokers Act, ss 34 - 40, are coming into effect in the spring to put more responsibility on them. Tom Carey and Sherri Moss Finally, it is possible to obtain a policy for your clients if they purchased their home a number of years ago and do not have title insurance. Thank you to the speakers and all the participants.

Page ... 10 WINTER SOCIAL 2005 by Your Social Committee

The photos say it all. On December 1st, 2005 a festive decorations, music and each other’s company. group of PLA members and their children, along with court With Spring around the corner watch for news of our services staff and a few members of the Judiciary met in the next courthouse get together. Lawyers’ Lounge to enjoy light refreshments, seasonal

PLA Director Vince Houvardas, wife Sandra along with twins Michael and Dean

PLA Director Carman McClelland and wife Carol Smith holding daughter Emma along with friend Cheryl

BENEFITS OF MEMBERSHIP WHEN WORLDS COLLIDE by David Acri by Bonnie Racz

Being a member of the Peel Law Association has numerous The Peel Law Association Continuing Legal Education benefits, not all of which appear on the sign up form. Committee presented another informative session on November I recently agreed to do a Case Conference for a colleague 10, 2005, “When Worlds Collide, Family & Criminal Law from out of town. I was told it was at 10 am on March 20. [with Child Protection Law for further complications].” At about 10:20 am, on February 20, I received a call Gerard Michaud, and Frances Wood (CLE Committee from her assistant advising that it had been moved to 11 am. Co-Chairs) gave a joint presentation on proceedings in the I asked my assistant to change it in my book, at which point criminal courts resulting from Family Court Orders. This she noticed that the Brief said February 20. In other words, was followed by a lively discussion with Panel Members: I was supposed to be there already! The Honourable Justice Clark (OCJ Criminal), James Dixon, Being an office day with just appointments, I wore a Criminal Defence Counsel, Stephen Laufer, Assistant Crown, shirt and tie, but no jacket. Not having enough time to go Marvin Kurz, Family and CAS lawyer and Sonia Khemani, home to change, I raced to the court house preparing my Legal Counsel from the Peel Children’s Aid. Panel members apologies for my sartorial shortcomings for the presiding were given fact situations and answered specific questions. judge. This session was well attended by both the family and Upon arrival at court I luckily ran into Stephen Beck, criminal bar, another indication that our Home Grown PLA member and director. Noting that his jacket had the Continuing Legal Education programs are educational, useful, right colours in it, I asked to borrow it, and made it to the accessible and offer remarkably good value. Case Conference, properly dressed and just in time! Membership does have its benefits. PS: Robes and tabs are available from the Library for members who find themselves short.

Page ... 11 SKI DAY 2006 by David Acri

The Peel Law Association Ski Day was held on February conditions were good, and lunch was great. Due to a couple 17, 2006. Despite drastic predictions of snow, hale, sleet, of no-shows (you know who you are) there was enough food freezing rain, and slick roads, a few brave souls ventured up left over for an afternoon snack! It just goes to show that to Caledon Ski Club for what turned out to be an excellent you can’t always trust the weather report! I hope to see a lot day! Despite the wind chill, the sun shone all day, the snow more of you next year.

(l-r) Laurie Stringer-Furlan, Chris Andree, Struchanna Swaby, Barb O'Kane, David Acri, Dan Furlan, John O'Kane

• Accounting of Money Available for Support Fleming Alcock Vigna Balmer Registered Psychologists Bramalea Medical Centre Suite 403 - 18 Kensington Road Brampton, Ontario L6T 4S5 Tel: 905-793-8858 • Fax:905-793-8134 E-mail: [email protected] • www.fav.ca

Editorial Policy Peel Briefs is a publication of the Peel Law Association, distributed free to paid up members. It is published four times a year. Members are encouraged to express their views on topics addressed in Peel Briefs and to raise other issues for discussion. Any opinions or views published in Peel Briefs are those of the contributor and are not necessarily the opinions of the Association or the Editorial Board and neither the Association nor the Editorial Board accepts any responsibility for them. Copyright for articles published in Peel Briefs remains with the authors of the individual article and written requests for permission to reproduce such articles should be made directly to the author. The Editorial Board reserves the right to publish or not. Letters to the Editor must be signed. Publication of any advertisement or enclosures should not be deemed an endorsement of the product or service advertised. Page ... 12