Peel Briefs the Newsletter of the Peel Law Association
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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 Toronto 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.