Kenora District Law Association KDLA News
DECEMBER 2016
SMOKE and MIRRORS CHRISTMAS BANQUET A GREAT SUCCESS Christian Zilinski. The Kenora District Law ter and dumbfounded by his our guests, Reid Thompson, We followed up with a few other Association held its 1st annual acts. Pieter Joubert was one of was quick to endorse, "That attendees to tell us about their night Holiday Celebration "Smoke the lucky members of the was the best meal I have ever at the KDLA Holiday Celebration & Mirrors" on Saturday, De- audience to assist Mr. Glow had at an event like this". and they offered the following com- cember 10, 2016. The purpose with his show and afterwards ments: of this event was to invite our Following dinner we were stated, "He glowed my mind! entire legal community to treated to some astounding Literally!" "Superb, top notch event!" - Bubbles come together, including but entertainment by illusionist/ "AKA" Hillary Giesbrecht. not limited to, judges, lawyers, magician Brian Glow. He had We concluded the evening support staff and spouses. the crowd roaring with laugh- with music and an excellent "Twas a night filled with magic!!" - dance party, DJ'd by volunteer Julie Gerbrandt. We started our evening with cocktail hour and some bingo "It was a great event, the organizers fun. Our MC, Tyler Johnson, did an excellent job, hoping for a enlightened us with some repeat next year" - Terry Douglas. KDLA trivia to determine On behalf of the KDLA and the which tables would be the first Social Committee we would like to to be served. Dinner was ca- send out a big thank you to everyone tered by Erin's Catering which who supported our vision and provided a delicious meal helped us make this event such a consisting of chicken in sun- great success! dried tomato sauce, roast beef, and many tasty salads. One of The Events Centre at Seven Generations all dolled up for the Smoke and Mirrors Banquet.
FOLA PLENARY—Fall 2016 by Sayer Down
This November the KDLA dinners at Terrace on the 2017 (10 or 12 day trips). executive attended beauti- Green Restaurant, hearing Please feel free to contact from the Honourable Yasir ful Brampton, Ontario for the KDLA executive for Inside this issue: the FOLA Fall Plenary. Naqvi, Attorney General further information. The theme of this Fall’s of Ontario; Cian O’Sulli- Quiz 2 Finally, the following mo- plenary was “Innovating to van, “Top Dog & Co- tions were voted on and Smoke & Mirrors 3 Thrive”, and featured top- Founder” of Beagle AI, passed November 4, 2016: Gallery ics and guest speakers fo- and Paul Shabas, our newly cusing on technological and elected Law Society Treas- 1. Resolution Regarding Goudge Report 4-5 practice based innovations. urer. the Truth and Reconcili- We also received regular We can advise that FOLA ation Commission Final Greetings 5 reports from FOLA stand- is planning two fund- Report, Calls to Action. Summary: FOLA supports ing committees including, raising trips for 2017. First, Quiz answers 6 but not limited to, the FO- “Egypt & the Nile” Febru- and endorses, in principle, LA Chair, real estate, and ary 2, 2017 (12 or 16 day the calls to action 27 and 7 LibraryCo. trips), and second, “Food 28 of the Truth and Recon- Dale Announcement ciliation Commission. Some highlights of the & Wine: Flavours of Tus- Library Acquisitions 8 Plenary were: drinks and cany & Umbria” July 15, CONTINUED ON P.2 KDLA NEWS Page 2
FOLA continued from p. 1
The Fall Plenary 2. Resolution Regarding and that such revenue be di- Society of Upper Canada” in all provided the Practice Resource Centre Mo- rected to improve services pro- advertising, unless such refer- KDLA Executive tion. Summary: FOLA shall vided in local Practice Resource ence specifically confirms that with some fresh recommend to Convocation that Centres, and further that barriers the member is a licensed parale- a stable, separately identified levy standing in the way of these gal. perspective and as a portion of lawyers’ annual opportunities be removed, where goals to work Please feel free to contact the fees dedicated to Practice practical. towards in our KDLA executive for further information on any of the afore- agenda for the Resource Centres would provide 3. Resolution Regarding Ref- the financial stability that the erence to “Law Society of mentioned resolutions. coming 2017 Practice Resource System needs Upper Canada” by Paralegals The Fall Plenary provided the year. to be sustainable in the long run. in Advertising. Summary: FO- KDLA Executive with some Also, FOLA encourages Library- LA requests that Convocation fresh perspective and goals to Co shareholders to seek other move as soon as reasonably pos- work towards in our agenda for revenue generating opportunities sible to prohibit any use of “Law the coming 2017 year.
Tunnel Island becomes quite a Winter Wonderland at –20, as it did on Friday, Dec 16.
QUIZ—FICTIONAL LAWYERS AND LAW FIRMS
Can you identify the TV 9. Jeff Winger 3. Cage, Fish & Associates show, movie, or novel that 10. Elle Woods gave us each of the following 4. Barr, Robinovitch & Tchobanian 11. Steve Dallas make-believe lawyers and law firms? 5. I Can’t Believe it’s a Law 12. Carson Drew Firm FIRMS 13. Adam Schiff 6. Firth, Wynn & Meyer 1. McKenzie Brackman, 14. Oliver Wendell Douglas LAWYERS Cheney & Kusack 15. Claire Huxtable 7. Sydney Carton 2. Dewey, Cheathem & Liv- 16. Atticus Finch ingstone 8. Harmon Rabb Answers on p. 6
Page 3 DECEMBER 2016
Smoke and Mirrors—a Good Time was had by All
Dancing the Night Away.:
LEGAL AID STAFF:
The Crown’s office was well represented:
Many thanks to the organizers and our MC: Andrea Mason, Chenoah Bueckert, Tyler Johnson(MC), Emily Delaney and Sarah Burden. KDLA NEWS Page 4
GOUDGE REPORT STILL A DETERRENT by Laurelly Dale
working with the criminal justice determine quantity and type of This article is being reprinted system as an unchallenged expert drug used by subjects; 2) failure with permission. It was origi- and then was appointed director to meet internationally recog- nally published in the Oct 21, of the Ontario Pediatric Forensic nized “gold standard” testing 2016 edition of the Lawyer’s Pathology Unit. His repeated procedures; 3) lack of expertise Weekly (Vol. 36.No.23) qualification amplified into the required to interpret test results. The most frightening aspect of label “world renowned expert.” Following the recommendation of Justice Lang, a second review being a criminal defence lawyer Goudge was assembled to review of the cases of more than 9,000 is contributing to a miscarriage of cases from 1981 to 2001. In the individuals who tested positive is justice. Louise Reynolds case, Smith under way. While it is embar- opined that the lacerations which A Supreme Court judge once rassing that these errors occurred caused the death of a 7-year-old scoffed at my objection to admit over such a lengthy period of could not have been generated by an expert report on the basis of time and at the same institution the family pit bull, supporting the qualification, claiming that be- examined in Goudge, this discov- allegations that Reynolds stabbed cause the author had an MD be- ery is reassuring in that our legal While it is her child more than 80 times. embarrassing hind his name my objection was system exposed these errors. without merit. I responded with In a groundbreaking decision, that these Both Smith and Motherisk were “Goudge.” Reynolds’ application to file a errors held out as “world’s leading” civil action against Smith was occurred over The Inquiry into Pediatric Foren- experts/facilities. It is not hard to granted. such a lengthy sic Pathology in Ontario ( a imagine the desire to maintain period of time review of the cases of disgraced Goudge concluded that errors this status, coupled with the am- and at the same pathologist Dr. Charles Smith in were committed in 20 child au- plification effect, contributed institution 2008 by Justice Stephen topsies, resulting in 12 wrongful overall to these miscarriages of examined in Goudge), has resurfaced in the convictions and approximately justice. Their reports were ad- 2015 Motherisk Hair Analysis Goudge, this six wrongful accusations. mitted in court and they were Independent Review, and in R. v. rarely challenged as to their qual- discovery is Motherisk is a laboratory in the Stephan [2016] A.J. No. 654, the ifications. This was not the case reassuring in Hospital for Sick Children, the case of the Alberta parents con- in Stephan. same institution that was in- that our legal victed in the meningitis death of volved in Goudge. system exposed their 19-month-old son Ezekiel. Both the Crown and the defence have filed appeals in Stephan. The review was initiated as a Goudge has provided counsel David Stephan was sentenced to result of a successful fresh evi- with the courage to object to four months custody, while Col- dence application in R. v. expert testimony on the basis of let Stephan was sentenced to a Broomfield [2014 ONCA 725. qualification; however, more conditional three months. In its The court found that the hair work is needed. appeal defence argues that Justice samples produced by Motherisk Rodney Jerke erred in not allow- Expert opinion is presumptively to support the trial judge’s con- ing former chief medical examin- inadmissible (R. v. Mohan [1994] clusions that the accused had er Dr. Anny Sauvageau to give 2 SCR 9). When an expert’s given cocaine to her young child expert evidence. Sauvageau’s evidence strays beyond the prop- for 14 months were unreliable. report was based upon her review er scope, it is imperative that the Retired Ontario Court of Appeal of an expert report and listening trial judge not assign any weight Justice Susan Lang produced the to the 911 call made by Ezekiel’s to the inadmissible part (R. v. report. In it, she found that alco- parents after the boy had stopped Sekhon 2014 SCC 15). Smith hol and drug analysis produced breathing. The Crown objected was a general practitioner who between 2005 and 2015 was on the basis of lack of impartiali- had no formal training as a foren- unreliable. The report noted ty as she was suing Alberta sic pathologist. He soon began three primary deficiencies: 1) CONTINUED ON P. 5 misleading testing capabilities to Page 5 DECEMBER 2016 Goudge—Continued from previous page
Justice for wrongful dismissal as Court of Canada relied on The fear that Goudge instills in well as qualification. Sauvageau Goudge in the professional negli- the hearts of counsel ripples opined that the toddler died of gence case of White Burgess through to the public. Fear is viral meningitis, rather than the Langille Inman v. Abbott and progress. Increased references to bacterial form. At trial the judge Haliburton Co. 2015 SCC 23. In Goudge in Books of Authorities limited her report in weight, re- upholding the decision to admit as well as reminder in media flecting her admission that she is the report, Justice Cromwell held reports will heighten its impact as not a microbiologist. that: “…if there is a realistic a deterrent. Goudge has impacted various concern the expert is not inde- Laurelly Dale is a sole practi- areas such as civil, employment pendent or impartial and that tioner and practices criminal law law, and it has even been referred concern cannot be rebutted by the and litigation. She is also the proponent, it should be ruled Director of Content Development to at the Court of Appeal in Eng- Laurelly Dale inadmissible.” land and Wales. The Supreme at LexisNexis Canada.
Moonset as Seen from the Law Library Dec 14, 2016
The Execu ve and staff of the District of Kenora Law Associa on
Wish to extend Holiday Gree ngs
To all Members of the Bar, the Judiciary and the Courthouse Staff.
KDLA NEWS Page 6
Answers to Fictional Lawyer Quiz
FIRMS LAWYERS 12. Carson Drew—Carson 1. McKenzie, Brackman, Chen- 7. Sydney Carton—A TALE Drew is the father of teenaged ey & Kusack LA LAW—the OF TWO CITIES (Dickens) sleuth NANCY DREW. firm’s name varied from seasons Sydney Carton trades places with to season as partners were added his client, Chalres Darnay just 13. Adam Schiff—LAW AND or subtracted, but the firm was before Darnay is to face the ORDER—Adam Schiff (played always identified as McKenzie Guillotine. It is Sydney who by Steven Hill) was the District Street Legal ran on CBC from Brackman. speaks the well-known line “It is Attorney of New York County 1987-1994. L-R: Eric Peterson, C. a far far better thing I do than I for ten years on the original Law 2. Dewey, Cheathem & Living- David Johnson, Sonja Smits and have ever done. It is a far far and Order series. Cynthia Dale. stone—This firm showed up in better rest I go to than I have the series 30 ROCK—not to be 14. Oliver Wendell Douglas— ever known.” mistaken for “Dewey Cheathem GREEN ACRES—Oliver & Howe” referred to in several 8. Harmon Rabb— JAG - Wendell Douglas (played by episodes of the Three Stooges. Captain Harmon Rabb Jr (played Eddie Albert) leaves a thriving by David James Elliot) is a for- New York law practice to be- 3. Cage, Rish & Associates— mer naval aviator who became a come a less-than-successful This is the firm ALLY star lawyer in the Judge Advocat farmer in the small rural com- McBEAL joins and eventually General’s Office munity of Hooterville. becomes partner. 9. Jeff Winger— 15. Claire Huxtable—THE 4. Barr Robinovitch & COMMUNITY— Jeff (played COSBY SHOW— Claire Thcobainian—This one is Cana- by Joel McHale) had a promising (played by Phylicia Rashad) was dian, featured in the series career in law until it was discov- the TV wife of Bill Cosby’s char- STREET LEGAL, about a ered that his undergraduate de- acter, Dr. Heathcliff Huxtable. small firm in Toronto, starring gree was bogus In one episode she successfully Lionel Hutz, of “I Can’t Be- actors Sonja Smits, Eric Peter- represents her eldest daughter, lieve it’s Law Firm” has rep- son , C David Johnson & Cyn- 10. Elle Woods—LEGALLY resented the Simpsons on Sondra, in a case over dishonest thia Dale. BLOND—Elle (played by several occasions. car repairs. Reese Witherspon) is a student 5. I Can’t Believe it’s a Law in fashion merchandising and 16. Atticus Finch—TO KILL Firm—THE SIMPSONS have leader of her sorority. After A MOCKINGBIRD.(Harper engaged the services of Lionel being dumped by her boyfriend, Lee) - Atticus is a lawyer in May- Hutz (voiced by Phil Hartmas) she decides to show him up by comb County, Alabama, who is from time to time. In one epi- attending the same law school court-appointed to represent a sode, he is working under this (Harvard). black defendant who is wrong- banner. fully accused of raping a white 11. Steve Dallas—BLOOM 6. Firth Wynne and Meyer—In girl. Gregory Peck won an COUNTY comic strip by FRESH PRINCE OF Academy Award for his portray- Berke Breathed. Steve is a self- BELAIR, Will’s uncle Phil be- al of Atticus in the 1962 movie employed, somewhat unscrupu- longed to this firm before be- based on the novel. lous, and rather ineffectual law- coming a judge. yer in Bloom County.
David James Elliot as JAG lawyer Harmon Rabb.
Page 7 DECEMBER 2016 A Prodigal Returns — Laurelly Dale
Ms. Laurelly Dale and her operate out of Mr. Greg working with everyone shoes have returned to the Iwasiw’s office located at 136 again. Email: ldale@dalelegalf District of Kenora. Areas of Matheson St. S. downtown irm.com Kenora office num- practice include 1) Criminal Kenora, Ontario. Second ber: 807 - 467-3087; Toronto Defense and 2) Personal Inju- office is located at 25 the Es- office number: 416-903- ry (Motor Vehicle Accidents; planade in Toronto, Ontario, 9958. Visit the web- Occupier’s Liability; Dog offering litigation ser- site: http:// Bites). Dale Legal Firm will vices. Looking forward to www.dalelegalfirm.com/
Laurelly Dale
Open water and -20
temperatures made
for a misty morning
on December 14.
Please mark your calendars District of Kenora Annual General Meeting Friday, March 31, 2017 4:30 AGM, 6:00 Dinner Lake of the Woods Brewing Company (Whiskey Lounge).
(corner of Second St. S. and Park St. in Kenora) Recent Library Acquisitions
District of Kenora Law Association
NEW BOOKS Modern First Na ons Legisla on The Annotated Shareholder District Court House Agreement 2016 216 Water St. 2016 Consolidated Ontario Insur‐ 2017 ance Statutes and Regula ons Kenora, Ontario Ontario Courtroom Procedure Civil Li ga on Prac ce Basics P9N 1S4 (Rachlin) th (Fuerst & Sanderson) 4 ed. 2016 2017 Annotated Divorce Act Ontario Family Law Prac ce 2017 Class Ac ons for Civil Li gators (MacDonald & Wilton) Ontario Landlord & Tenant Law Criminal Law and the Charter 2017 Annotated Ontario Con‐ YOUR LAW Prac ce 2017 (Fleming) struc on Lien Act (Glaholt & Indigenous Law Issues 2016 Keeshan) Ontario Municipal Act & Com‐ LIBRARY Intensive Child Protec on Train‐ mentary 2017 Aboriginal Law 5th ed (Isaac) ing Primer Maria Berezowski, Oosterhoff on Wills and Succes‐ Aboriginal Law: Supreme Court of th Plain ff’s Personal Injury Law sion 8 ed (Oosterhoff et al) Librarian Canada Decisions (Isaac) Prac ce Basics 2016 Wrongful Dismissal Handbook 7th Annotated Ontario Rules of Crimi‐ Probate Essen als 2016 PHONE:: 807‐468‐9335 ed (Sproat) nal Prac ce 2017 The Six‐Minute Debtor‐Creditor &
TOLL FREE: 1‐866‐684‐1164 Benne on Bankruptcy 19th ed Insolvency Lawyer 2016 2017 (Benne ) NEW CLE FAX: 1‐807‐468‐1758 The Six‐Minute Family Law Law‐ Consolidated Na ve Law Stat‐ From LSUC yer 2016 E‐MAIL: [email protected] utes, Regula ons, & Trea es The 17th Annual Employment Law The Six‐Minute Real Estate Law‐ 2017 Summit yer 2016 Defending Drug Cases 4th ed The 19th Annual Estates and Taxa on for General Prac oners HOURS (Bolton) Trusts Summit 2016 Examina on of Witnesses in Monday, Wednesday, 24th Annual Immigra on Law Taxa on Issues for Real Estate Criminal Cases 7th ed (Levy) Thursday Summit Lawyers 2016 Learning Canadian Criminal Pro‐ The Administra on of Estates 8:00 AM‐1:00 PM cedure 12th ed (Stuart & Quigley) 2016 From OBA McLeod’s Ontario Family Law Tuesday Advanced Issues in Spousal Sup‐ Rules Annotated 2016‐2017 A Primer on Liens, Encumbrances port 8:00 AM – 2:30 and Other Instruments Affec ng Real Property A View From My Window KDLA EXECUTIVE
President—SAYER DOWN
Hook Seller & Lundin LLP, Kenora
VP—CARLYNN S. BELL
McAuley & Partners,
Dryden
Secretary/Treasurer
KIM RIEDIGER
Hook Seller & Lundin LLP,
Kenora
This was, quite literally, the calm before the storm, December 5. The snow fell and the temperature dropped over the following few days.