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Peel BriefsThe Newsletter of the Peel Law Association

PRESIDENT’SMESSAGEby Vincent V. Houvardas

NoTE fRoM ThE EDIToR

by Bev Martel

Dead Line for Next IssueOctober 1, 2012 continued on page 2 ......

Spring Issue2012

Number 2

PEEL LAW ASSOCIATION

INSIDE

PEEL LAW ASSOCIATIONA. Grenville

and William DavisCourt House

7755 Hurontario StreetSuite 160

Brampton, Ontario L6W 4T1Tel: 905-451-2924Fax: 905-451-3137www.plalawyers.ca

EditorBev Martel

Managing EditorMelissa Firth

ContributorsMaida de Vera

Wendy DjakalovicMelissa Firth

Vince HouvardasSuzanne MandonBeverley MartelGerard Michaud

Marie NickleRaj Sharda

Jonathan SpeigelMahzulfah Uppal

Rae WhiteFrances Wood

PhotosMelissa Firth

Vince HouvardasPublished by

ExcelGraphics & Printing

60 West Drive, Brampton, ON L6T 3T6905-792-3914

E-mail: [email protected]

Regular ReportsComings & Goings ............... 3Event Calendar ..................... 24From The Editor ................... 1Librarian’s Report ................. 4President’s Message ............ 1

ArticlesAnger ................................... 10CDLPA Reports .................... 5Collaborative Law ................. 9CPD Requirements ............... 17CPD Review ......................... 14Dispute Resolution Officers ... 10Division of Pension Assets ... 18Family Law Section .............. 2Farewell Ruth ....................... 12Golf Day ............................... 20Happy Retirement ................ 22Memorial .............................. 19Mock Trial ............................ 13Mother Goose ...................... 21PLA Board of Directors ......... 2PLA Go To Ottawa ................ 17PLA Lifetime Award .............. 17PLA Members Give Back ...... 8Private Counsel Emphasis .... 21 Reviews ............................... 22Robing Day .......................... 14Safe Centre of Peel .............. 15Social Committee News ....... 23Supervised Access ............... 11SCJ Appt. - Milton ................ 12Whacko ................................ 16Win Awards .......................... 11

It is with great honor that I prepare this report in my capacity as PLA President. I also have the great fortune of working with a very strong board and executive for 2012. As a collaborative effort, the Peel Law Association is working toward bringing its membership unprecedented services and benefits of membership.

It is from this vantage point that I have been able to appreciate the immense value that the Peel Law Association provides to its’ members, and to lawyers as a whole in Peel. Initiatives are underway in furtherance of the PLA’s mission objectives, such as maintaining superior library services, providing and promoting quality legal education, advocating on behalf of its members, keeping its members informed and promoting collegiality among members by way of social and extracurricular activities.

Perhaps one of the most important benefits of membership is the provision of Continuing Legal Education Programs via the PLA. This is an area that has become ever more important as the Law Society now mandates the specific reporting of CPDs by lawyers as a condition of practice. Accordingly, the PLA has maintained affordable, quality CPDs which can be attended

I’M BACK!!! Back on the PLA Board and back as Editor of Peel Briefs.

This issue has been a long time coming. I hope you’ll agree with me that it was worth the wait. While our new president Vince Houvardis has been hard at work since March this issue is his first President’s Report. Welcome Vince! As always your submissions are encouraged. This is your newsletter and it presents a great opportunity to share your views with over 500 Peel Law Association members (as well as the judiciary who also receive a copy). So…stretch out poolside, or on the beach, or under a shade tree and enjoy. Have a sizzling summer!

by lawyers right here in Peel. In addition to the continuation of the highly successful “What The Defence Needs To Know” series, and the “Three Hours of Ethics” program earlier this year, further seminars are in the works, addressing a broad spectrum of areas of law. Additionally, it is anticipated that the PLA infrastructure in the library and lounge be utilized to bring PLA members additional CPD opportunities by way of video stream.

While our members and visiting lawyers alike experience the value of the PLA first hand by way of premium library services and utilizing the Lounge, robing room and other facilities, the PLA also works to advance the interests of Peel lawyers at the provincial, professional and government levels. The PLA is an active member of The County & District Law President’s Association (CDLPA) which is the umbrella organization for county and district law associations across Ontario.

Representatives from the PLA executive attend the CDLPA plenary conferences twice a year where many issues dealing with the legal profession are raised, discussed and advocated.

Bev Martel

PRESIDENT’S MESSAGE...... continued from page 1

PEEL LAW ASSOCIATION BOARD OF DIRECTORS - 2012(Back row L to R) - Beverley Martel, John Mullen, Surinder Aujla, Jeff Tighe, Frankie Wood,

Vince Houvardas (President), Kemi Palmer (Treasurer), Rae White (1st VP),Gurlal Kler, Amanpreet Nagpal, Raj Sharda (Past President)

(Seated) - Sherri Moss (2nd VP), Mahzulfah Uppal (Secretary), Fiona Docherty, Melissa Firth (Law Library Director)


This leads to our direct influence on the status of our library system and issues considering the profession on the law society and the Ontario government. Such issues have included active opposition to Bill 34, preserving our library and influencing the maintenance of effective legal aid. Look for specific CDLPA reports elsewhere in this issue from myself and the other PLA representatives who were in attendance at the May Plenary.

Although we can look forward to the PLA’s staple events such as golf day and Judges’ Night in the coming months, it is inspiring to see that the the PLA committees have been energized, leading to the emergence of additional avenues of increasing member benefits, and fostering collegiality. Examples include Robing Day, PLA at the Pub Night, a family fair experience and even a dinner dance!

It is hoped that this collaborative and enthusiastic approach will continue within the PLA for years to come!

The PLA family Law Section recently hosted a special presentation “Come Schmooze with the OCJ Justices” at the Swiss Chalet adjacent to the courthouse. More than thirty attended the recent event, mixing and mingling (basically schmoozing) with OCJ Justices Baldock, Kerrigan Brownridge, Maresca, and Pawagi. The event organizer and PLA family Law Section Chair, Marvin Kurz addressed the group regarding the collegiality of the local bar and judiciary finishing with a confession of his intention to work toward making the event an annual affair.

If you are not currently a member of the PLA Family Law Section (you must be a PLA member to be eligible) watch for upcoming correspondence and/or postings announcing the next meeting. And, be sure to mark your fall calendar for the upcoming PLA Annual Judges’ Night dinner tentatively scheduled for Thursday September 27th, 2012 – just another opportunity to schmooze!

fAMILY LAW SECTIoNby Melissa Firth

Douglas A. Quirt of Holden Quirt is now located at 400 Main Street E., Suite 214, Milton, L9T 4X5, telephone (905) 878-8421, fax (905) 878-8422.

John Williams, Barrister & Solicitor, is now located at 1 Ripley Avenue, Suite 206, Toronto, M6S 4Z6, telephone: (416) 763-4224.

PLEASE WELCoME NEW MEMbERS To ThE PLA

fola Adeskusibe of Adekusibe Fola Law is located at 2601 Matheson Boulevard E., Suite 205, Mississauga, L4W 5A8, telephone: (416) 661-0050.

Kristofer Angle of Mark Taborowski Barrister & Solicitor is located at 5200 Dixie Road, Suite 208, Mississauga, L4W 1E4, telephone: (905) 624-6444, fax: (905) 624-4144.

Roman Y. botiuk of Y.R. Botiuk Q.C. is located at 2323 Bloor Street W., Suite 212, Toronto, M6S 4W1, telephone: (416) 763-4333, fax: (416) 763-0613.

Gurratan Singh Dhaliwal of Dhaliwal Law is located at 7900 Hurontario Street, Brampton, L6Y 0P6, telephone: (416) 833-2224.

Michael L. Dytyniak looking for an articling opportunity may be reached at telephone: (416) 988-6453.

Peter Eberhard of Eberhard Law Office is located at 151 City Center Drive, Suite 201, Mississauga, L5B 2G6, telephone: (416) 839-4914, fax: (888) 942-2870.

oby Regina Ejidike of Oby Law Office is located at 169 Dundas Street E., Suite 201, Mississauga, L5A 1W8, telephone: (905) 232-4499, fax: (905) 232-7744.

Mark fahmy, Barrister & Solicitor, is located at 295 Matheson Boulevard, Mississauga, L4Z 1X8, telephone: (416) 642-2592, fax: (416) 642-8471.

Joanne Gilbert of Keyser Mason Ball, LLP is located at 4 Robert Speck Parkway, Suite 1600, Mississauga, L4Z 1S1, telephone: (905) 276-9111, fax: (905) 276-2298.

Matthew Granic, Barrister & Solicitor, is located at 942 Gerrard Street E., Toronto, M4M 1Z2, telephone: (416) 461-1291, fax: (416) 461-5817.

Jacqueline b. G. King of Fader Furlan Moss LLP is located at 134 Queen Street E., Suite 200, Brampton, L6V 1B2, telephone: (905) 459-6160 ext. 231, fax: (905) 459-4606.

Timothy S. Lockhart of Tannahill Lockhart & Clark Law LLP is located at 5805 Whittle Road, Suite 10, Mississauga, L4Z 2J1, telephone (905) 502-5770, fax (905) 502-5009.

Thomas Long of Lawrence, Lawrence, Stevenson LLP is located at 43 Queen Street W., Brampton, L6Y 1L9, telephone: (905) 451-3040 ext. 6024, fax: (905) 451-5058.

Tina Margellis of RD Law Barristers & Solicitors is located at 33 City Centre Drive, Suite 603, Mississauga, L5B 2N5, telephone: (905) 848-9700 ext. 103, fax: (905) 848-9713.

COMINGS ANDGOINGSby Maida de Vera

fAMILY DuTY CouNSEL SERvICES IN PEELNatalie hanna, a staff lawyer (and former articling

student) with Family Duty Counsel Services in Peel, has transferred to Family Duty Counsel in Ottawa, in order to be closer to her family. She is missed by the LAO family law team in Peel, and those who work with them.

Shilpa Pathak, a graduate of the University of Windsor, will be articling with the Family Law Service Centre – Peel and Family Duty Counsel Services in Peel for the 2012/2013. Amongst other responsibilities, she will be helping to prepare court documents for clients who are unrepresented and financially qualify. She can communicate in English, French, Hindi, (Urdu) and Punjabi.

PLA MEMbER MovES & uPDATESMichelle M. Abel of Abel Law is located at 14 George

Street N., Suite 201, Brampton, L6X 1R2, telephone: (905) 452-6286, fax: (905) 454-5585.

Tejdeep Chattha may be reached at, TSC Law Professional Corporation, telephone: (905) 459-4526, fax: (866) 562-5025.

Monika J. Curyk, Barrister & Solicitor, is now located at 2345 Stanfield Road, Suite 200, Mississauga, L4Y 3Y3, telephone: (289) 232-6166, fax: (905) 281-1349.

Tonya Davey of Davey Family Law A Professional Corporation is now located at 49 Queen Street N., 2nd Floor, Box 225, Bolton, L7E 5T2, telephone: (905) 857-2810, fax: (905) 857-0091.

veruschka N. fisher-Grant Barrister & Solicitor, is now located at 252 Queen Street W., Brampton, L6X 1B1, telephone: (905) 460-9715, fax: (905) 454-6385.

Stanley Gelman, Barrister & Solicitor, is now located at 145 Traders Boulevard E., Suite 41, Mississauga, L4Z 3L3, telephone: (905) 270-5110, fax: (905) 270-3002.

Aarika heath of Michael A. Moon Professional Corporation is now located at 10 George Street N., Suite 152, Brampton, L6X 1R2, telephone: (905) 866-6449, fax: (800) 780-0891.

Poorna Jayasena, Barrister & Solicitor, is now located at 10 Gillingham Drive, Suite 203, Brampton, L6X 5A5, telephone: (905) 595-1181, fax: (905) 595-1182.

Jennifer Park of Klein Law is now located at 4632 Dunedin Crescent, Mississauga, L5R 1M2, telephone: (905) 272-2540, fax: (905) 272-2100.

Aida Pasha of Nathens, Siegel LLP is now located at 4950 Yonge Street, Suite 2408, Toronto, M2N 6K1, telephone: (416) 222-6980 x 26, fax: (416) 222-4820. continued on page 13 ......

LIbRARIAN’S REPoRTby Melissa Firth

The fiftieth anniversary celebration for the Canadian Association of Law Librarians (CALL) took place in early May in Toronto. The theme this year was “Towering Opportunities”. Due to the location of the conference this year, library technician Maida de Vera and I were both able to attend the full conference, while both library technicians, Julie Dobson and Wendy Djakalovic participated in the pre-conference workshop held the preceding Saturday. This was a great opportunity for all staff to spend some time at the conference together and exchange ideas relating to our own library operations.

Following the pre-conference workshop on advocacy there were numerous presentations and sessions providing insight in developing libraries and revising practices. The vendor liaison presentations in particular raised concerns regarding costs, the size of updates and lack of value. Additional sessions of interest included knowledge management, varying uses for new and developing technologies as well as trends and training practices.

LIbRARY SERvICES – NEW PhoToCoPIERS!

The Library Staff and Board of Directors are pleased to announce (especially the staff) that we have recently received two brand new photocopiers in the PLA Library! If everything goes according to schedule, by the time you are reading this issue of Peel Briefs we will be fully operational on both machines.

The two new photocopiers will not only provide improved copying services, but PLA Members will benefit directly through new copying and printing options. Each of the two copiers will allow PLA Members to punch in their password number to generate photocopies for monthly billing. In addition, PLA Members will be able to send items for printing on the photocopiers directly from the research computers in the library. The pages will be released through the password number once applied by the PLA Member. Any errors can just be deleted therefore lessening waste and costs.

MEMbER SERvICES

The Peel Law Association will be making available certificates of membership acknowledging members’ in good standing with the PLA. A sample will be made available through the library staff and includes framing options. Please watch for more information to come through electronic notification and bulletin board postings.

NEW booKS

Following the CALL conference in May, numerous new titles have arrived in the library with more expected to be delivered in August and September. It was interesting to observe the reactions of many at the conference regarding the ever rising pricing of the loose-leaf titles as well as the proposed cuts being made by many courthouse libraries throughout the province. It will be interesting to see how the publishers move forward – some have already begun to move away from producing loose-leaf volumes back toward the traditional text.

The PLA Board of Directors and Library Staff will continue to work hard to maintain a current, authoritative and vital collection on your behalf. As always, we invite the input of our members to continue to make suggestions for new materials and resources.

Please take the time to review the enclosed list of new titles. A few items of interest may include one of the following listed on page 24.

I am a lawyer, trained in Alternate Dispute Resolution [mediation, arbitration, med-arb and the collaborative process]. I am committed to "fairness" in seeking proactive, cost-effective resolution of disputes, whether in family law matters, business and other relational conflict disputes.

on behalf of the CALL conference organizers and the Peel Law Association library staff, I would like to thank those at the law firm Thompson MacColl & Stacy LLP for their sponsorship and support of the 2012 conference!

continued on page 24......

ThE CouNTY & DISTRICT LAW PRESIDENTS’ ASSoCIATIoN

The library report, led by CDLPA Library Chair, Dan Rosenkrantz, emphasized need for reform of the antiquated pay grid and methodology used by LibraryCo in setting salaries and benefit guidelines for library staff. In particular the associations and library staff alike favour a flexible needs and function based criteria, as opposed to the current rigid categorical grid system. In surveys conducted by the CDLPA Library Committee, the current system is not only difficult to decipher but many associations could not fit their library staff neatly into a grid category. Compounding the problem further is that 33 out of 48 associations employ sole librarians, often leading to a disparity between the scope of responsibilities and the pre-defined grid based salary and benefit allocation.

Essentially, a new system is being formulated vis-à-vis CDLPA and LibraryCo, allowing each employer association to make representations via a Committee, reporting directly to the LibraryCo board, emphasizing allocations based on their individual and localized needs. It is intended that understandable and uniform criteria will lead to more effective allocation of resources by LibraryCo and ultimately to fairness. CoMMuNICATIoN/ASSoCIATIoN ISSuE

CDLPA, which is the umbrella association for law associations across Ontario, is in the process of re-inventing its communication practices and image. CDLPA, while providing invaluable services, including synchronizing the initiatives of the multiple associations across Ontario and facilitating the maintenance of our libraries via LibraryCo, to name a few, is relatively unknown to the memberships of the various associations across Ontario. Bryan Hicks, CDLPA Communications Committee Chair canvassed the idea of raising CDLPA’s profile with the association membership.

It is particularly important to support CDLPA’s advocacy functions vis-à-vis the Law Society, LibraryCo and the Ontario Government. It is anticipated that increasing the profile of CDLPA will improve the input of individual members via their respective associations, giving CDLPA more comprehensive data when pursuing issues such as Legal Aid reform, court house security and library funding. This modified approach is anticipated to include e-mails and

CDLPA LIbRARY CoMMITTEE REPoRTby Vince Houvardas

surveys from CDLPA through the respective associations, ultimately providing CDLPA with a comprehensive database of direct feedback.

The reciprocal aspect to this approach is a renewed encouragement to alert CDLPA of particular issues as raised by their members. While this has always been the case, and one of the main functions of the bi-yearly plenary sessions, what is being encouraged is an immediate direct line approach from the associations to CDLPA, leading to improved co-ordination of the issues to be addressed and advocated by CDLPA, as raised by the particular associations. ATToRNEY GENERAL JohN GERRETSEN

The Honorable John Gerretsen addressed CDLPA at the May Plenary. While Mr. Gerretsen praised the system of Justice in Ontario as being highly regarded worldwide, he also cited the need for continued improvement. At this time only 42 percent of people in Ontario have access to the Unified Family Court System, a statistic that requires improvement. (it should be noted that the associations represented at plenary overwhelmingly supported the Unified Family Court System) Other improvements are the expansion of Mandatory Information Sessions in Family Law, as well as Family Mediation Services.

On the criminal side, Mr. Gerretsen gave his government high marks on the effectiveness on the Justice on Target program initiated four years ago. Apparently court efficiency has been improved in the form of fewer court appearances per case to resolution. Although there has been procedural improvement, as outlined by Mr. Gerretsen, many Associations have expressed concerns that the process which encourages accused persons to resolve their cases quickly has had the unintended derivative effect of de-emphasizing the use of private counsel in many cases. This is an aspect which calls for fine tuning of court processes and the protocol of the Legal Aid system, in order to emphasize the option and value of retaining private counsel to a particular accused.

To this end, the Peel Law Association has created a specific sub-committee, called the “Private Counsel Emphasis Committee” to administer the PLA’s “hire a lawyer” campaign. The Committee will be seeking input from both the family and criminal lawyers in Peel, as well as encouraging the various factions, such as the Judiciary, Legal Aid Ontario and Crown’s Office, to emphasize the value of private counsel. (See more on page 21.)

PLA Past Presidents frankie Wood and bev Martel continue to work on your behalf on the executive of the County and District Law President’s Association. Frankie is the CDLPA rep on the Board of LibraryCo (that wonderful organization that administers the funding for our Library). Bev has just been appointed to the CDLPA Executive as the

regional rep for Central West, replacing David Acri for the remainder of his term. David worked hard to make the views of our region heard at CDLPA and he is owed a big thank you by the PLA. Bev has some big shoes to fill!

PEEL LAW ASSoCIATIoN MEMbERSREPRESENT ThE PLA AT CDLPA

CDLPA continued on page 6......

CDLPA continued on page 7 ......

CDLPA

ThE fuTuRE of ThE LEGAL PRofESSIoNFred Ury, President of the National Conference of Bar

Presidents gave a riveting speech on current trends and the looming future (or lack thereof) of our profession. He mentioned two books that sounded so intriguing they are now on my “To Read” list: The End of Lawyers by Richard Susskind and The Vanishing American Lawyer by Thomas Morgan. Conjuring up the image of Atticus Fitch, that iconic small town attorney in To Kill A Mockingbird he bemoaned the proliferation of virtual law firms and self help legal websites. Apparently there’s a whole internet universe out there of legal services including one site that does “intake” and then provides bids on the services the client requires. Globalization is having an impact on the practice as well, with an increase in the outsourcing of legal work to firms in other countries. Technology, as anyone who has not been living under a rock is aware, has not only increased the pace of practice but the demands of clients as well. Many clients now expect that their lawyer will be available 24/7. Ask yourself, the next time you reply to a text or email from a client at 2:00 a.m. on a holiday weekend; “ What the hell am I doing?” As one who is guilty of responding to those late night/weekend messages more than I should I admit that these calls are rarely emergencies, we have all just become caught up in the climate of instant communication/gratification. An interesting, though disturbing fact: Australia now has two publicly traded law firms. That would have been unimaginable when I was attending law school in the ‘70s. The short list of websites Mr. Ury referenced would have been equally imaginable just a short while ago: Fairoutcomes.com, LawPivo.com, Cybersettle.com, TotalBankruptcy.com, jdsupra.com, therobingroom.com, Neotalogic.com, LegalZoom.com, shpoonkle.com and my personal favourite (tongue planted firmly in cheek) whocanisue.com. Dear Atticus must be rolling over in his grave. What of the lawyer as protector? A computer can’t provide the moral support of a passionate advocate. Mr. Ury identified as the lawyer’s purpose; “to make order out of chaos.” I wholeheartedly

agree. Without lawyers, real flesh and blood lawyers, and an independent judiciary there is no Rule of Law. Certainly no one who spent endless hours in dark racks of dusty books doing research in law school decries the benefits of internet assisted research. But technology can never replace compassion and understanding, and no website or virtual law firm can stand beside a client to plead their case. We must embrace the benefits of this brave new world of lawyering without sacrificing the humanity of the profession. “And that’s all I have to say about that.”

REAL ESTATE

A brief but informative presentation by Jeffrey Schwartz showed us how it is possible to access your Teraview Program remotely and close real estate transactions while out of the office (in Jeffery’s example from an outdoor café in Europe). The issue, for those of us who are not real estate practitioners, is Rule 5.1(3) of the Rules of Professional Conduct which prevents lawyers from sharing their Teraview PSPs (disk/key and pass phrase). For those of us who are technologically challenged this was impressive. Check out Jeffery’s article in the CDLPA Plenary Binder. Law Society written brochures regarding guidelines for the closing and retention of files, were also made available. LSUC sent an e-Bulletin on this point March 20, 2012. Review your own practice for file retention and destruction after considering this information. CDLPA paid for a series of real estate ads in local newspapers across the province stressing the importance of lawyers in real estate transactions. This initiative will be repeated. As a result of another CDLPA initiative the Ontario Standard Real Estate Closing Documents they developed are being used in many parts of the province. The documents are particularly useful as a checklist to be sure nothing has been missed and they serve to simplify transactions.

WhAT’S YouR PRACTICE WoRTh?

The premise of the presentation was that many of us are nearing retirement and need to address the issue of the sale of our practice. Given the stats published by Canadian Business magazine that the average age of retirement for Canadian lawyers is 78 I’m not sure too many of our readers should panic just yet. However, advance planning never hurts. There is an excellent paper in the Plenary Binder by Kathleen Geiger a lawyer who also assists with the valuation and sale of law practices. The message from the panel was don’t wind down and then attempt to market your practice, do it while you are busy and your billables are strong. Another option, especially for sole practitioners, is to search for associates who will buy you out over time. A key factor of course is finding someone compatible with your current practice ( and personality).

** A copy of the May 2012 CDLPA Plenary Binder is available in our Library.

CDLPA REPoRTby Bev Martel

...... continued from page 5

CDLPA continued on page 8 ......

CDLPA...... continued from page 6

The Executive summary is available to review on line.Federal laws like the crime bill and immigration laws

will have a very large effect on financial pressures for Legal Aid Ontario.

JOT is having a significant impact on Legal Aid’s bottom line and is keeping the number of Legal Aid Certificates to similar numbers as in years past. The Block fee program is getting good feedback. It’s still in beta version, so if there are any issues you are aware of, please contact Legal Aid so they can try to address your issues and make changes.

The number of family law certificates being issued is down due to the mediation program rolling out across the province.

There is currently an individual needs and income of $10,800 or lower to qualify for legal aid and for a two person home it is $18,684 or lower. Legal Aid is looking to review these numbers, but the government is the only one who can

LEGAL AID oNTARIo REPoRT by Rae White

actually modernize the numbers.Legal Aid is also working on the area of Discretion.

Currently it takes too long, is too loose and it is not clear what guidelines are being used so they are narrowing criteria and guidelines so there is certainty.

Go to the consultation or give feedback online as to the draft guidelines that are on the website.

JusticeNetThere is a gap between those who qualify for legal aid

and those who can afford standard legal fees. What can we do? We need to give the public a chance to have access to justice without having to self represent. Justice Net is a not for profit organization offering reasonably priced legal services. Their lawyers charge on a sliding scale fee of $100. to $150. per hour and they cover most areas of law. They verify their lawyers before posting their information. If you are interested in offering your services please contact JusticeNet, www.justicenet.ca.

We are still hearing from pension valuators that there are major problems with the system in its current incarnation. It is a one size fits all valuation with no consideration as to sex of the parties, health, disability etc. No adjustment is made for income tax and lawyers need to know that the tax adjustment needs to be put into the NFP calculations. Lawyers should not be using the tax rate of the client’s current income but what it would be at retirement age. Spousal survivor benefits are being included as property of the member when they should be property of the spouse.

Pensions valuations don’t include buy back or any value which is not regulated. There is no obligation for the Plan to disclose non registered benefits for higher income persons or to disclose any prior owned plans or predecessor plans. There is no disclosure of supplemental plans hybrid plans or buyback plans. Without an expert to look at the valuation then there is no way to get this information.

Lawyers also have the incorrect perception that division of pensions is automatic at source. This is not true. You still need to put pensions into your NFP calculations, you can still offset it against other property and division at source MUST be agreed upon by both parties or it cannot happen.

EARLY obSERvATIoNS• Values have gone up to top range of old valuations or

over• Most non Ontario plans have decided NOT to provide

valuations

• The number has dropped for the request to value the non Ontario member plans

• Pension valuations have ground to a halt as there is hesitancy

• Unexpected missing components of value like OMERS not including early retirement bridge benefits

• Orders to divide pension without a valuation• Lawyers are delegating • Unbundling of services means difficulty to pension

valuators• Very few requests to review form or to determine the tax

numbers• No requests to optimizing value• No request for fact specific fact situations• Small plan administrators are unprepared to put together

valuations• Plan administrators are not inclined to be helpful, quick

when there is a trial• Actuarial fees will increase and most actuaries will drop

out of pensionsFor more information visit the Financial Services Commission of Ontario websit: www.fsco.gov.on.ca/en/pensions/Family-Law/Pages/familylawforms.aspx

PENSIoN REGIME REPoRT by Rae White

CDLPA...... continued from page 7

ARTICLING TASK foRCEA consultation report was completed and by end of

December they had a consulting task force created. Issues around transitional training in general have been raised. Are we training students well enough to go and be lawyers competently? They have received 150 submissions.

The task force hoped to have a report done for May convocation, but decided to only do an interim report. The National federation is putting together an admissions project. The final report is to be given to convocation in the Fall.

PARALEGALS

The 5 year review is coming up and the LSUC is required to prepare a report to give to the Attorney General. The report is in progress and stakeholders were invited to comment. All reports appear to be positive.

When looking at scope of practice they considered the Peter Cory report and consulted with a large number of people including judges, paralegals and lawyers. The consultation raised concerns about systemic issues and about the complexity of civil and family rules and how the systems are not user friendly. Issues were raised about

CDLPA REPoRT by Rae White

competence of lawyers and or paralegals in general. There was no consensus on whether to open the scope of practice of paralegals so the LSUC will consult more before moving forward.

CPDWe have now completed the first year of mandatory

CPDs and the LSUC has now made some changes to the rules. As to what qualifies:

• Viewing old CPDs up to six hours only and can be done by lawyers on their own

• New member requirement changed to three hours of professionalism

uNbuNDLING

A working group is studying the ethical and procedural issues to unbundle legal services and change the rules.

oN ThE hoRIzoN

Being responsive to alternative business structures.How to balance client needs to have lower costs while

serving profession and clients best interests.Keeping a close eye on keeping us self regulating.

Keeping an eye on Ireland and their competition authority.

The Canadian Polish Millennium Fund was created in 1966 to commemorate a 1000 years of Christianity in Poland. Rather than erecting a monument, the community established a living charitable fund. The current president of the foundation is Marek Malicki, a Mississauga solicitor (and longtime member of the PLA) whose firm was established in Cooksville in 1959 by his father Stefan Malicki, one of the founders of the Millennium Fund together with the late Senator Stanley Haidasz, Canada’s first Minister of Multiculturalism.

The directors distribute funds throughout Canada every fall as scholarships to students in second year university or later. The fund encourages applicants who have financial need to do volunteer work in the community and universities, and who demonstrate leadership skills. In addition, funds are granted to choirs, libraries, dance troupes, cultural exhibitions, the scouting movement, Polish language day schools, and other charitable causes. It also administers bequests which support senior residences and schools for the deaf.

PEEL LAW ASSoCIATIoN MEMbERS:GIvE bACK To ThEIR CoMMuNITYby Bev Martel

At its April annual meeting, the fund invited one of the recipients, a 2nd year McMaster Kinesiology Major, who thanked the fund stating that the financial assistance received permitted her to take on other volunteer duties in the university instead of working more hours to pay her tuition. She was also able to work as stage manager for the university theatre, staging Oscar Wilde’s, The Importance of Being Ernest. The grant was of incredible value to her especially since her parents were unable to assist her financially.

The work achieved through the Millennium Fund is not only rewarding to its directors, members and recipients, it is also complementary to and reflective of the achievements and activities of a successful law practice; mainly, working with and helping a diverse community and the satisfaction that provides.

For more information on the Millennium Fund please visit: www.millenniumfund.ca. For more information on the firm of Malicki & Malicki please visit www.malicki-law.ca.

oR Who ARE You AND WhAT hAvE You DoNE WITh MY LAWYER?

This process is a vehicle for lawyers to actually provide a meaningful service for clients. And why wouldn’t we? We are so well positioned to do so. People come to us at possibly the worst times of their lives. Their worlds are falling apart. They are stressed, sad, angry and above all fearful of the changes they are going through. We, as lawyers, are often the first they turn to for professional help. They are looking to us to guide them toward a resolution to their conflict that includes peace of mind as well as a legal resolution. After all, who doesn’t want peace of mind? Of course, we can’t advertise it and there are obviously no guarantees, but if even a small degree of peace of mind is attained in the process, we’ve accomplished something for our client. How do we do it? One way is being aware that, when children are involved, maintaining relationships is important for the client. Often the client is too immersed in their emotions

ThE CoLLAboRATIvE PRoCESS:by Marie Nickle to think long term. As such, it is difficult for them to form

effective negotiation strategies. Often what is in the best interests of the client is tied directly to what is in the best interests of the entire family. We can help a client form good negotiation strategies by focusing on this principle. It will help keep clients centred in terms of what is really important. A true collaborative client will always agree that a good legal result has to include quality of life. After all, what good is it to bargain away an important relationship in exchange for a legal entitlement? If the relationship isn’t important then it doesn’t matter. But most of the time we are dealing with relationships that are important to the client in the area of family law. To provide truly valuable service we need to include advice that includes not only the legal advice, but how any given legal result will impact upon quality of life for the client going forward. This is what your client will thank you for. Not that I expected it, but I realized that I rarely ever received thanks from a client, that is not until I started to practice in the Collaborative Process. Now it happens all the time.

CoLLAboRATIvE LAW

Sharon Strand Ellison, the author of the book “Taking the War Out of Our Words”, and the CDs “Taking Power Out of Parenting” recently conducted an introductory workshop on Powerful Non-Defensive Communication (PNDC), and a day of practicing asking “Questions” in a non-defensive way, at Karen Thompson-Harry’s office in Erin, Ontario. Sharon’s PNDC process moves us from a “war model” of communicating that triggers defensiveness and power struggles to a new model that defuses the power struggle, and shows us how we can express ourselves with vulnerability and honesty, and at the same time not having to sacrifice

“PNDC” WoRKShoPby Bev Martel

any inner strength. PLA members in attendance were Marty Klein, Marie Nickle, beverley Martel and Karen-Thompson-harry.

What would our practices look like if we could remove the power struggle from our relationships with our clients so they are not our adversaries? What if we could change the way we communicate and practice a model of communication that models effective powerful communication techniques for our clients, other lawyers and judges? PNDC shows us that it is possible to remove the power struggle from our relationships, and change the world one word at a time.

For more information on PNDC, or to purchase any of Sharon’s books/CDs, contact Karen Thompson-Harry at [email protected], or 519 833 0040 or 1 866 969 0040.

Check out Kim the “Martini Lady” pitching her Martini baron the Dragon’s Den Tv show this fall.

The Collaborative Process is based on full disclosure and mutual respect. Parties and their lawyers sign a Participation Agreement acknowledging that written and oral communication between the parties will be respectful and constructive. At the first meeting the lawyers will discuss “rules of conduct” such as politeness, no interrupting, no name calling and others.

A collaborative four way meeting , attended by the parties and their lawyers, is seen as a “safe” place to negotiate a Separation Agreement. But what about the angry spouse ? Is there a place for anger at the collaborative table? How do parties negotiate in a civil manner when one or both of the parties is openly hostile?

Many couples who are “separated” continue to live under the same roof, usually for financial reasons. Until the issues of support and division of property are resolved it may be impossible for one or both to purchase (or rent) separate accommodation. The laws of Canada recognize that a married couple may be living under the same roof and still meet the criteria of living separate and apart that allows them to seek relief under the Divorce Act or applicable provincial legislation (in Ontario, the Family Law Act).

Obviously, where there has been a breach of trust, especially in cases of infidelity, living under the same roof is stressful. Tempers flare, in the home and at the collaborative table.

Counsel can help the parties handle their emotions and can “model” civil, respectful communication. Coaches can be employed to assist either or both parties to deal with

ANGER by Bev Martel

What began as a pilot project under the supervision of Mr Justice Leonard Richetti has not only survive, but prospered, and (recently) expanded. Modeled on the Toronto DRO system, Brampton and Halton recruited ten senior family law practitioners from Peel to conduct family law Case Conferences on Motions to Change. The project is considered successful in several respects. It frees up valuable judicial resources; in many cases these motions are settling at the DRO conference. Where cases do not settle DROs help ‘organize’ the parties before the next step, whether that next step be a case conference in front of a Judge or a motion. Our judges have reported that parties who have not settled often appear with better disclosure and are better prepared to argue their issues. Where DROs have suggested disclosure and the parties attend before a judge having ignored the ‘suggestion’ costs just might be ordered against them (in the discretion of the judge).

Effective May 1, 2012 RSJ Van Melle issued a Practice Direction giving parties the right to elect to have a DRO conference instead of a judicial case conference on any

application or motion, provided all parties consent to same. The advantage of a DRO conference of course is expediency. DRO dates ( at least at this point) are still available months sooner than a judicial case conference. In addition the presiding justice may direct that a DRO conference be held to deal with any or all issues in any Application.

On April 26th the Superior Court Justices invited the Brampton DROs (led by Justice Richetti) to join them for refreshments in the 6th floor Boardroom as a show of appreciation for their volunteer efforts.

DISPuTE RESoLuTIoN offICERSby Bev Martel

295 MAThESoN bLvD. EAST, MISSISSAuGA - Prestigious office space.

Available - 1 individual office plus 1000 square foot office containing two individual offices and reception area.

All amenities including conference room and private courtroom.10 minutes to Peel Courthouse. Referral work available.

Contact 905-568-8351.

Classified

hostility. A third party neutral or facilitator can help everyone move past the anger that may be impeding communication and thwarting potential settlement.

Regardless of their social or financial status people in the midst of a relationship breakup are emotional, sometimes overtly hostile towards one another. Mel Gibson made headlines when his telephone calls to his estranged girlfriend were made public. Going to court does little to calm the waters. In fact, the pleadings served on the other party and filed with the court may inflame an already volatile ‘relationship”. Angry litigants sit on opposite sides of the courtroom with their respective lawyers between them. There is little if no opportunity for a facilitated conversation between these litigants. And if they cannot communicate directly there is little hope of dispersing the anger and moving towards resolution.

The lawyers in a collaborative file will strive to overcome the anger, not feed it, and may call on other professionals, such as social workers, to assist. This “Team approach” is one of benefits of collaborative process. Obviously if there are real threats to the emotional or physical safety of one of the parties the collaborative model is not appropriate. If evidence of violence or threats of violence emerge during the process it may be necessary to terminate. However, where the hurt and resentment of one or both parties boils over into anger, the process and the players (including lawyers, mediators, coaches or mental health professionals) has much to offer.

When families or relationships breakdown, the challenges of moving forward can be significant and magnified when children are involved.

Supervised access aims to alleviate some of the challenges that families experience by providing an alternative option for the child to maintain or re-establish a relationship with the non custodial parent free of conflict.

Supervised visits or exchanges can enable families to adjust more easily to their new circumstances and roles, while focusing on their relationship with their child. Through consistent visits and positive reaction from the child, trust can begin to build between the parents, allowing their new relationship to continue to grow and better equip them to deal with their new realities. Below are situations of why families may require our services.

SCENARIo 1 – A family had been ordered to the Supervised Access Program for supervised exchanges. During the last exchange in the community, there was an altercation between Mother and Father which resulted in a restraining order preventing contact between the Mother and Father. Supervised exchanges allowed the Father to still have unsupervised access with his children from Friday at 6pm to Sunday at 3 pm, however protected the children from being exposed to adult conflict.

SCENARIo 2 – Mother and Father had a brief relationship before the Mother found out she was pregnant. Mother and Father’s relationship broke down prior to the child being born. A year after the child was born the Father began to look for access. Due to the tension between the Mother and Father, they were unable to facilitate access on their own. As the Father had never met the child, they were referred to the Supervised Access Program. Although the child was very young, the Father and the child were able to maintain consistent contact through the program, and the Mother could be assured that her child was in a safe environment. After the Mother reviewed the observation reports taken by the program staff, she herself was able to see the positive interactions between her child and the Father. As the Mother became more comfortable with the Father seeing the child, after a period of time they were able to facilitate access outside of the centre on their own.

SCENARIo 3 – Family separated when the child was 4 years old due to the Mother’s substance abuse issue. Prior to separation, the Mother had consistent unsupervised contact with the child as she was a primary caregiver. The last contact between the Mother and the child was when the Mother became extremely intoxicated while caring for the child. The Mother left the family home and was in and out of rehab for many years. Throughout her time in and out of rehab, her interactions with the child were

SuPERvISED ACCESSby Suzanne Mardon

inconsistent as she would come and go from the child’s life. The child is now 8 and the Mother claims that she is now sober and would like to re-establish contact with her child. The court has ordered the Mother to have supervised access to ensure that the Mother’s interactions with the child are appropriate, and the Mother is not showing up to the centre intoxicated. After a period of time, the Mother had gradual unsupervised access through the program through supervised exchanges. Unsupervised visits gradually started with 2 hour unsupervised access, and eventually increased to full day unsupervised access by court order as the observation reports reflected the Mother showing up to the centre on a consistent basis, her interactions were appropriate as no staff interventions were required, and at no such time did staff have to cancel a visit if the Mother appeared to be under the influence of alcohol.

By utilizing a Supervised Access Centre, parents are able to be assisted by professionals and are given the opportunity to not have to deal with issues they find most challenging. They can focus on the parent child relationship and gain perspective on how that needs to change given their new circumstances.

The desired outcome of Supervised Access is for families to experience reduced stress and anxiety around access arrangements. We hope that this leads to parents being able to re-establish themselves in their role as parents.

For more information about the program please visit www.socialenterprise.ca on which information about supervised access is available in multiple languages. Or call 1-866-243-9925 ext. 5307. Also be assured that the Supervised Access Program is comprised of a culturally diverse staff team able to be sensitive of the needs of the community.

Brampton lawyer, Robert filkin, was named by the Brampton Board of Trade (“BBOT”) as Business Person of the Year for 2011. Rob is a partner in the firm McCabe, Filkin, Garvie and Hein LLP and a past president of the PLA. Rob, who also sits as a Deputy Judge of the Small Claims Court, was recognized for his leadership in his profession and in the community. Rob is the current Chair of Sheridan’s Board of Governors, a director and VP of Wellspring Chinguacousy Foundation, director and treasurer of the Brampton Arts Council and past president of the Brampton Safe City Association. As BBOT board members noted, Rob has been extremely active in helping to make Brampton a better place.

PLA MEMbERS:WIN AWARDSby Bev Martel

This April, Ruth Dean retired from the employ of the Ministry after 21 years. Over her career Ruth was administrative assistant to five Regional Senior Justices of the Superior Court of Justice; Justices John Webber, Jim Carnwath, Janet Simmons, Bruce Durno and of course our current RSJ The Honorable Mme Justice Francine Van Melle.

Those of us who sit as Deputy Judges of the Small Claims Court in Brampton came to know Ruth well. Ruth originally worked directly with the late Mme Justice Moira Caswell, the first administrative judge for Small Claims Court in Peel Region. Justice Caswell was the first to organize education meetings for DJs in her region. The annual seminars eventually became province wide events and were re-named the “Caswell Seminars” after her death. At the 2012 Caswell Seminar in Cambridge Ruth was honored by the Deputy Judges of Central West and a token of our esteem was presented to her by Marty Klein and I, on behalf of our colleagues. As Editor of Peel Briefs and a Director of the PLA I can personally attest to Ruth’s cooperation in facilitating communications with the ‘sixth floor’. Her promptness, efficiency and attention to detail (as well as her incredible historical memory) will be much missed. We wish her all the best in her retirement.

fAREWELL RuTh!by Bev Martel

The honourable Dale f. fitzpatrick, was sworn in as a judge of the Superior Court of Justice in Milton on April 2nd 2012. The PLA wishes to offer congratulations and welcome Justice Fitzpatrick to Central West!

SuPERIoR CouRT of JuSTICE – MILToN

Justice Lemon (SCJ Brampton), newly appointed Justice Fitzpatrick and Alison Mackay, Peel representative with the

Criminal Lawyers Association (Ontario)Board of Directors.

Ruth Dean retires!

Ruth Dean with Central West Deputy Judge Marty Klein.

On March 3rd and 9th the Peel Judicial Education Network (PJEN), celebrated the running of its 10th Mock Trial Competition. Justices Kastner and Clark, have been instrumental in ensuring the success of the Mock Trials, and their service in this regard cannot be measured. Over the years many Peel Region high schools have participated and enjoyed the experience of filling the roles of crown counsel, defence lawyers, witnesses and court clerks.

The competition has enjoyed the participation of Justices from both the Ontario Courts of Justice and Superior Court of Justice, for which the organizing committee expressed their gratitude. In addition, the teachers, students and many volunteer lawyers from the Provincial and Federal Crown’s offices and defence counsel have ensured that the students are well prepared and have enjoyed their experience in the Mock Trials.

The Peel Law Association (PLA) has supported the Mock Trials event by providing the lunch for the participants. On behalf of the PLA I accepted a commemorative 10th Anniversary Plaque.

PJEN’S MoCK TRIAL CoMPETITIoN CELEbRATES 10Th ANNIvERSARYby Raj Sharda

Ian McMillan of Bereskin & Parr LLP is located at 6733 Mississauga Road, Suite 600, Mississauga, L5N 6J5, telephone: (905) 812-3600, fax: (905) 814-0031.

Carol Mechedjian of Banasinski Associates is located at 10 Kingsbridge Garden Circle, Suite 704, Mississauga, L5R 3K6, telephone: (905) 949-0029 ext. 4471, fax: (905) 949-0099.

Margaret osadet, Barrister & Solicitor, is located at 120 Adelaide Street W., Suite 2110, Toronto, M5H 1T1, telephone: (647) 989-2637.

barbara Puckering, Barrister & Solicitor, is located at 20 Richmond Street E., Suite 301, Toronto, L5C 2R9, telephone: (416) 367-0680 ext. 6, fax: (416) 367-0429.

Dinabandhu Rath of Rath Law Office is located at 2130 North Park Drive, Suite 245, Brampton, L6S 0C9, Brampton, telephone: (905) 792-8850, fax: (905) 792-9240.

John Reiterowski of JD Law Firm is located at 2800 Skymark Avenue, Suite 503, Mississauga, L4W 5A6, telephone: (416) 695-9900 ext. 28, fax: (416) 695-9400.

Lakhwinder Sandhu, Barrister & Solicitor, is located at 1325 Derry Road E., 2nd Floor, Unit 7, Mississauga, L5T 1B6, telephone: (416) 904-5555, fax: (416) 201-0999.

Matthew C. Scale of Edmond Brown, Barrister & Solicitor is located at 205 County Court Boulevard, Suite 100, Brampton, L6W 4R6, telephone (416) 885-5841, fax (905) 821-4075.

CoMINGS & GoINGS...... continued from page 3 fredrick Schumann of Stockwoods LLP is located at 77

King Street W., Suite 4130, Toronto, M5K 1H1, telephone: (416) 593-2490, fax: (416) 593-9345.

Marina Schuster of Chandra Law Office is located at 101 Westmore Drive, Suite 205, Etobicoke, M9V 3Y6, telephone: (416) 749-7500.

Sharan Sodhi of Sangha Law Office is located at 2260 Bovaird Drive E., Suite 121, Brampton, L6R 3J5, telephone: (905) 456-9911, fax: (905) 456-9577.

Gopesh Soni of Soni Law Office is located at 160 Wilkinson Road, Unit 22, Brampton, L6T 4Z4, telephone: (905) 793-7664, fax: (905) 793 -7625.

Sweta Tejpal of H. John Kalina, Barrister & Solicitor is located at 1325 Eglinton Avenue, Suite 210, Mississauga, L4W 4L9, telephone: (416) 410-5482.

Adam Weisberg, Barrister & Solicitor, is located at 6 Adelaide Street E., 5th Floor, Toronto, M5C 1H6, telephone: (416) 603-3344.

Sara Young of Region of Peel is located at 10 Peel Centre Drive, 5th Floor, Suite A, Brampton, L6T 4B9, telephone: (905) 791-7800 ext. 4588, fax: (905) 791-6992.

Monica zhao of JD Law Firm is located at 2800 Skymark Avenue, Suite 503, Mississauga, L4W 5A6, telephone: (416) 695-9900 ext. 23, fax: (416) 695-9400.

Roberto E. zuech of The Corporation of the City of Brampton is located at 2 Wellington Street W., Brampton, L6Y 4R2, telephone: (905) 874-2819, fax: (905) 874-2699.

The School Boards have participated fully, particularly Antonietta Peluso and Ian Pettigrew whose tireless service has allowed this competition to be sustained and flourish over the years. The Peel Regional Police and the Peel Criminal Lawyers Association have also contributed to the ongoing success of the Mock Trials.

PJEN also thanked all the volunteers for their many years of service to date and for many more years to come.

On June 6th, 2012 we hosted a robing day. Imperial Robes attended the Library and kitted out around 44 lawyers with waistcoats, shirts, pants and robes. Those of you that missed this opportunity will have to wait until we can arrange another date. The benefits were not just the convenience (clothes shopping in a library, who would have thought), but also the discount. All members of the PLA received a 25% discount. So if you start seeing dapper lawyers around the court house, now you know why!

RobING DAYby Rae White

The PLA offered an accredited continuing professional development (CPD) program on March 14th titled Three hours of Professionalism which was facilitated by Marvin Kurz. The program included two - thirty minute presentations by The honourable Madame Justice Maresca and Karen Thompson-harry both discussed issues relating to litigators and professionalism. Additional presentations, each about ten minutes in length included dealing with difficult lawyers and clients, getting off the record, conflicts of interest, child welfare obligations, unrepresented parties and clients who do not provide payment.

The skilled and proficient presenters (all members of the PLA!) included Richard bennett, fiona Docherty, vince houvardas, Gurlal Kler, Marvin Kurz, Gerard Michaud, Raymond Sharpe and frankie Wood. Local perspectives and stories together with the local talent – what a combination!

On Thursday May 24th the Peel Law Association hosted another successful CPD program designed to educate and continue to enlighten the local Bar. The thirteenth What the Defence Needs to Know seminar took place before a crowd of more than eighty attendees. The CPD focused on Triable Issues and offered two substantive hours toward the LSUC requirements for 2012.

The Triable Issues seminar was facilitated by PLA President Vince Houvardas and Second Vice President Sherri Moss – the founding members of this defence bar focused series. The presenters included Alan Gold, Avtar bhangal, Paul o’Marra, Michael Moon, Marcy Segal and Doron Gold. The seminar composition comprised topics on Experts, Identification, voir Dire, Impaired by Drug, Accused’s Statements – No Means No, as well as lawyers and drug use featuring oLAP assistance.

On behalf of the PLA, we offer many thanks to the presenters for sharing their time, insight and expertise with the PLA membership and local Bar.uPCoMING PEEL LAW ASSoCIATIoN CPDs

Listed below are several planned seminars with varying substantive and professionalism hours to be offered in the fall by the Peel Law Association. In addition, there are a few others programs including video replay and webinars currently being organized. Stay tuned for more information by way of email and postings!

• Thursday September 20th – Estates & Corporate Planning

• Thursday October 18th – Real Estate• Thursday November 8th – Recent Developments in

Civil Litigation• Thursday November 15th - family

CPD REvIEWby Melissa Firth

Ahhh, the perfect fit! PLA Members / Past DirectorsRamon Andal and Marvin Kurz

experience personalized service on Robing Day 2012.

Back in November, the Safe Centre of Peel officially opened its doors in the new Honourable William G. Davis Centre for Families building, located in the Highway 410 and Steeles area. The Safe Centre of Peel (“SCoP”) is a family justice centre. It is part of an international movement to better serve victims of family violence and abuse.

oRIGINSThe first family justice centre was in San Diego, USA.

They had a problem shared by most communities. The services needed by survivors of domestic violence were uncoordinated and spread out across the city. When someone escaped a violent home, it was a struggle to get all the help they needed. They could be required to travel to a dozen different service providers, who did their best, but were at different locations and had their own rules. Frustrated, overwhelmed, and afraid, many felt they had no choice but to go back the abuser. This was especially difficult for those who are isolated or who had children to look after.

Not only did individuals suffer, but so did the community. Criminal prosecutions fell apart; violence escalated (sometimes into homicide); and medical and psychological treatment resources were strained. And, sadly, the cycle of violence continued. If the aim was to create more criminals; more abusive personalities; more people who struggle in life, then providing disorganized and difficult to access services was the way to go.

The solution is to bring the service providers together in one location and get them to work together. When a client walks in the door, a needs assessment is completed. They tell their story once during the intake. A risk assessment is completed and safety planning offered. They are then referred to the agencies that can provide the services they need … agencies just down the hallway! The client’s information flows with them and need not be repeated. All done in a safe and supportive location.

IN ThE REGIoN of PEELWe face the same challenges in our community as San

Diego faced. A number of agencies, led by Catholic Family Services of Peel Dufferin, got together and began working to build a family justice centre in Peel, a centre adapted to the resources and needs of our community.

The SCoP now has custom designed premises and nine

ThE SCooP oN ThE SCoPby Gerard J. Michaud

Lawyer Manager of the Family Law Service Centre – Peel and a Friend of the SCoP

on-site partners – Catholic Family Services of Peel Dufferin; Victim Services of Peel; Associated Youth Services of Peel; Catholic Crosscultural Services; India Rainbow Community Service of Peel; Peel Children’s Aid; Trillium Health Services; and Legal Aid Ontario (duty counsel); and three legal clinics working together. A number of other agencies work with the on-site partners to make the SCoP a success.

The SCoP is a work in progress. We are still trying to establish stable core funding. There are also essential services we need to bring into the Centre … Region of Peel (for Ontario Works and public housing applications), and the criminal justice agencies (police, Crown attorneys, and Victim Witness Assistance Program). We are building the team that will help change our community, by making real changes in people’s lives and breaking the cycle of violence and fear.

SCoP SERvICES

The SCoP is a place where those impacted by abuse will get the most comprehensive and extensive services in Peel – including domestic violence counseling; risk assessments and safety planning; coordinated shelter placements; parent education; counseling and treatment for children and youth; settlement services; assistance with “poverty law” issues; and advocacy and referrals for services not available at the Centre.

The SCoP focuses on residents of the Region of Peel, but will assist people living elsewhere. There is no financial eligibility test (except for certain services from Legal Aid Ontario). Services are free of charge. The Centre assists those who have experienced abuse within the family, or between intimate partners (married, living together, dating, etc.). Those seeking assistance are welcomed regardless of gender, age, culture, religion, sexual orientation, etc. The goal is simply to end the abuse and the fear.

So WhAT DoES ALL ThIS MEAN foR LAWYERS?

We sometimes struggle to provide legal services to clients who have problems the law cannot address. This is especially a challenge when representing clients impacted by abuse. The easier it is for them to access these other services and the more integrated those services are, the more we can focus on our real job, and the stronger our clients. This is the place to send your clients for the help they need.

CoNTACT INfoRMATIoNAddress: Suite 110, 60 West Drive,

Brampton, Ontario, L6T 3T6Phone: 905-450-4650

Website: (coming soon) www.scopeel.org

We could just as easily have entitled this article as “Gullible” or “Audacious”.

It seems that people have been promoting a scheme, through radio programs and hotel seminars, entitled “Sovereign Man”. The purpose of the scheme is to allow its adherents to eliminate debt. The program provides valuable tips and documents on how to avoid payment of debt and, better yet, how to deal with pesky judges when brought up before them on motions or contempt charges.

Some of the more gullible adherents have put this wonderful scheme into practice and have learned, to their disappointment, that the only people who get rich on harebrained schemes are the promoters who convince other people to pay money to learn the schemes.

ExhIbIT 1

Our first adherent surfaced in the courts in Mercedes-Benz Financial v. Kovacevic, a 2009 decision of the Ontario Superior Court of Justice. The schemer purchased a Mercedes for $120,000 by way of a conditional sales agreement. The dealer assigned the contract to the financial institution (the “FI”). The schemer made 7 of 84 payments and then defaulted. The FI obtained a judgment against the schemer for $125,000 and an order requiring the schemer to deliver up possession of the car to the FI. However, the schemer refused to do so. The FI then moved for a contempt order against the schemer.

After he received the order to deliver up the car, the schemer entered into correspondence with the FI’s lawyer promising to deliver the car and then reneging. Most of his letters were unintelligible, but the schemer managed to postpone the process for over a year. The judge summed up one of these letters as follows:

“In sum, in response to MBF’s demands that he honour his contractual obligations, Mr. Kovacevic sent the company sets of documents in which he purported to extinguish unilaterally the debt he owed and to direct MBF to accept as payment paper created by him purporting to draw on some account lodged with the Secretary of the US Treasury. None of these documents has any legal effect. From a legal point of view they are worthless garbage.”

Further, deciding that the best defence is a good offence, the schemer provided a group of documents on which the judge commented:

“The main message of this documentation appeared to be that unless the Court accepted the various papers filed by Mr. Kovacevic as settlement of his liability, the Court would transform Mr. Kovacevic into “public property as the result of enticement into involuntary slavery, kidnapping and plunder. I conclude from this documentation that Mr. Kovacevic is not happy that MBF will not let him keep the

WhACKoby Jonathan Speigel

car without paying for it and he is upset that MBF can seek the assistance of the Court to enforce its rights. Of course, the documents provide no legal excuse for Mr. Kovacevic’s refusal to return the car to MBF.”

In his defence in the contempt hearing, the schemer handed up 4 documents. The first two gave some indication as to who he was. The third was mostly gibberish; for example:

“The statements are preceded by the following recital: ‘for this claimant’s-knowledge of this physical-life/sovran-charter-vessel is with this claim of the livebirth-appellation: i,:Ivica-John: Kovacevic... The text continues with Mr. Kovacevic recognizing God as the creator of all things and he then makes the following statements:

(i) He is made in the image of the creator;(ii) He claims dominion over all the earth;(iii) He loves the creator, ...(iv) It is a violation of his faith to serve two masters;(v) He is a child of the creator and “an heir to the

[pre-]paid covenant, although not of this world ... and,

(vi) He claims “that my volition and relationship with the Creator supersedes the fictitious language(s) of this world.”

The fourth document was a security agreement signed by the schemer in his capacities as secured party and debtor. In that agreement, he attempted, through a series of gobbledygook statements sprinkled with legalese, to split himself into two separate persons: a flesh and blood living man and a juristic legal entity. In it, he transfers, as a juristic legal man, all of his property to his newly created flesh and blood living man.

He claimed that his debt to the FI was from the juristic man, but that the car was held by his alter ego, the living man, and accordingly, he did not have to deliver up the car.

RESuLT

The judge gave short shrift to the schemer’s arguments, held him in contempt, and jailed him for 5 days. Miraculously, the car was delivered up to the FI.

ExhIbIT 2

The seminars continued and so did the cases. The next case was MBNA Canada Bank v. Luciani, a 2011 decision of the Ontario Superior Court of Justice.

The adherent in this case had a touch of bad luck. He managed to come before the same judge who presided in the Mercedes case. The judge opened his reasons for decision stating that the “Sovereign Man scheme raises its head yet again.” continued on page 17 ......

In this case, the adherent decided that he would like to get something for nothing. He registered a financing statement under the Personal Property Security Act (“PPSA”) claiming that he had a security interest against the bank regarding the bank’s $28 million obligation to him. Given that the bank owed nothing to the adherent, it demanded that the adherent discharge the registration. The adherent graciously agreed to do this - if the bank granted to his wife and himself a $125,000 line of credit. The bank refused and commenced an application to discharge the registration.

DoCuMENTSThe adherent provided documents that were similar, at

least in terms of the gibberish and the tone, to the documents filed in the Mercedes case. The financing statement stated,

“This filing is in accord with UCC Sections 1-103, 1-104. Secured party accepts debtors signature in accord with UCC Sections 4-401(B), 1-201(37). Agreement was witnessed by God (the Almighty-God-Jehovah) and Notary Public (Alison Kelly McCalmont) and secured party/creditor...Rosario Luciani...(living man created by the almighty God Jehovah, with authority and dominion recorded and confirmed in Psalm 8 of the Bible KJV, Attorney-in-fact for the ens legis legal fiction person bailor Rosario Luciani as recorded at the County recorder’s office located at Erie County New York, titled sovereign). Bible KJV Deuteronomy 19.15 “...at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.”

The judge summarised in part the schemer’s response to the bank’s application as follows: “Mr. Luciani ... replied on September 9, 2011 on what appears to be a standard form “Sovereign Man” document — copyrighted no less. The response identified Mr. Luciani as a “living, breathing man...Principal, Canadian Sovereign, Sovran, Secured-Party/Creditor, neutral, non-combatant, son of our Almighty Creator, a living, breathing man, created by Almighty-God-Jehovah...”

WhACKo...... continued from page 16

If I had known, when I proposed the creation of a “Lifetime Achievement Award” honoring a Peel lawyer, that I would subsequently be a recipient of the award, I would have suggested a different name. As I said at the AGM…”I’m not done yet!” I was incredibly honored to be recognized by my colleagues in this fashion and acutely aware that there are many, many others equally deserving. So…to the Board and to the membership, THANK YOU!!!

PLA 2012 LIfETIME AChIEvEMENT AWARDby Bev Martel

RESuLTThe judge noted that, as far as he was concerned, the

adherent’s actions were no more than a shakedown.The judge discharged the security and granted the bank

damages of $500.00, as prescribed under the PPSA. The judge also awarded the bank its full indemnity costs, which he assessed at $7,000.00. Unfortunately, the bank may have difficulty in collecting the award.

On April 26th Marvin Kurz, longtime PLA member and former director of the Association, testified before the Parliamentary Justice Committee in Ottawa concerning changes to the Canadian Human Rights Act dealing with hate speech on the internet. Marvin, a partner in the Brampon firm of Dale, Streiman, Kurz attended as volunteer national legal counsel for the B’nai Brith League for Human Rights. Following his attendance before the Committee Marvin had the opportunity to chat with the Prime Minister. Undoubtedly Mr. Harper was impressed. Marvin, you do us proud!

PLA MEMbERS:Go To oTTAWAby Bev Martel

The Law Society passedamendments to the CPD requirements

on April 26, 2012.Your CLE Committee is working hard on

putting together a range of programswith these amendments in mind. Stay tuned!

The Government of Ontario introduced changes to the family law provisions of the Pension Benefits Act that came into effect on January 1, 2012 (O. Reg. 287/11 and O. Reg. 288/11). These changes establish a new process for the valuation and division of pension assets following the breakdown of a spousal relationship. This new regime requires the pension plan administrator to calculate the value of the pension, provides for immediate division, and mandates the use of Superintendent of Financial Services approved forms throughout the process.

SuMMARY of ChANGES1. Immediate payment of pension assets – Former

spouses of plan members will be able to receive an immediate payment of their share of the pension assets, either as a lump sum transfer or a division of monthly pension payments.

2. valuation of pension assets – The valuation of the pension assets will be calculated by the plan administrator, in accordance with formulas set out in the new family law regulations made under the Pension Benefits Act.

3. Application to Plan Administrator – The parties must apply directly to the plan administrator to get the valuation of pension assets for the division of the pension assets. The plan administrator may charge a fee to provide the calculations. Applications should not be submitted to the Financial Services Commission of Ontario (FSCO).

4. fSCo family Law forms – FSCO has developed Superintendent of Financial Services approved forms that relate to the valuation and division of pension assets on breakdown of a spousal relationship. These FSCO family law forms must be used by plan administrators and spouses when pension assets are to be valued and/or divided.

ThE NEW REGIME: STEP-bY-STEP WITh APPLICAbLE foRMS

STEP 1 – The pension plan member, spouse or former spouse applies for their Family Law Value (FLV) by filing an application with their plan administrator.

• Applicable Forms

B A) fSCo family Law form 1: Application for family Law value F To be completed by the pension plan member (active, former, or retired) and/or the spouse who was or is married to the pension plan member. Note: common-law spouse of pension plan member cannot use this form.

vALuATIoN AND DIvISIoN of PENSIoN ASSETS oN bREAKDoWN of SPouSAL RELATIoNShIP: NEW RuLESby Andrea Acri (Law Student of David Acri, Lawyer)

B b) fSCo family Law form 2: Joint Declaration of Period of Spousal Relationship F Use this form to jointly declare the starting date and separation date of spousal relationship

F To be jointly completed by the pension plan member (active, former, or retired) and his/her spouse or former spouse. B C) fSCo family Law form 3: Contact Person Authorization F Use this form to authorize lawyer or another person to communicate with and receive information from the Plan Administrator about the calculation and division of FLV. F To be completed by the pension plan member (active, former, or retired) and/or his/her spouse or former spouse

STEP 2A – If the application is incomplete, the plan administrator advises the applicant and requests the missing information.

• Applicable Form B fSCo family Law form 1A: Plan Administrator Request for Information/Payment of fee F Use this form to provide information to the applicant identified in the Application for FLV about missing information, required documents or the applicable fee. F To be completed by the plan administrator.

STEP 2b – If the application is complete, the plan administrator or its authorized agent or representative provides the statement of the FLV using the form that applies

• Applicable Forms B A) fSCo family Law form 4A: Statement of family Law value (Defined Contribution benefit) F This form applies to a pension plan member who, on the date he or she separated from his or her spouse/former spouse had: i) only a defined contribution benefit under the pension plan; or ii) a benefit that is the greater of a defined contribution benefit; or iii) a defined benefit and the defined contribution benefit is the greater benefit F To be completed by the plan administrator

continued on page 19 ......

B b) fSCo family Law form 4b: Statement of family Law value (Active Plan Member with a Defined benefit F This form applies to an active member who, on the date he or she separated from his or her spouse/former spouse had: i) only a defined benefit under the pension plan; or ii) a benefit that is the greater of a defined benefit; or iii) a defined contribution benefit and the defined benefit is the greater benefit F To be completed by the plan administrator B C) fSCo family Law form 4C: Statement of family Law value (Active Plan Member with a Combination benefit) F This form applies to an active member who, on the date he or she separated from his or her spouse/former spouse, had a combination of a defined benefit and a defined contribution benefit. F To be completed by the plan administrator. B D) fSCo family Law form 4D: Statement of family Law value (former Plan Member with a Defined benefit or a Combination benefit) F This form applies to a former (deferred vested) member who, on the date he or she separated from his or her spouse/former spouse had: i) only a defined benefit under the pension plan; or ii) a combination of a defined benefit and a defined contribution benefit F To be completed by the plan administrator. B E) fSCo family Law form 4E - Statement of family Law value (Retired Member with a Defined benefit Pension) F This form applies to a retired member who, on the date he or she separated from his or her spouse/former spouse, was receiving a pension from the pension plan. F To be completed by the plan administrator.

STEP 3 – The pension plan member and his or her spouse/ former spouse determine how the FLV is to be treated and get a court order, enter into a domestic contract or seek a family arbitration award.

STEP 4 – The spouse/former spouse of the pension plan member advises the plan administrator of his/her decision to divide or not to divide the FLV.

• Decision is to divide: The spouse/former spouse filed one of the following forms with the plan administrator. B A) fSCo family Law form 5: Application to Transfer the family Law value F Use this form for request a transfer of the spouse’s/former spouse’s share of the FLV. F To be completed by the spouse/former spouse of a pension plan member who received a Statement of FLV (FSCO Family Law Form 4A, 4B, 4C or 4D) from the plan administrator. B b) fSCo family Law form 6: Application to Divide a Retired Member’s Pension F Use this form to request the division of the retired member’s pension. F TO be completed by the spouse/former spouse of a retired member who received a Statement of FLV (FSCO Family Law Form 4E) • Decision is not to divide: Either the pension plan member or his or her spouse/former spouse may file the form with the plan administrator B fSCo family Law form 7: No Division of family Law value/Pension Assets F Use this form to let the plan administrator know that the FLV or pension assets (if a FLV was not requested) will not be divided. F To be jointly completed by the pension plan member (active, former or retired) and his or her spouse/former spouse.

MEMoRIALThe death of someone we know always reminds us thatwe are still alive - perhaps for some purpose which we

ought to re-examine. - Mignon McLaughlin

Sadly over the last few months thePeel Law Association has experienced the loss

of several long standing members andlibrary supporters…

Dennis Cook, Stephen Krys, Gary Plastino,Robert van Kessel and Donald Seeback.

Our condolences go out to the families, friends and colleagues who knew each of these special individuals.

...... continued from page 18

vALuATIoN AND DIvISIoN of PENSIoN ASSETS oN bREAKDoWN of SPouSAL RELATIoNShIP: NEW RuLES


Wednesday September 12, 2012 The Masters Course 8:00 a.m. SHOT GUN START!

Lionhead Golf & Country Club

COLLABORATIVEPROCESS TRAINING

TWO-DAY INTRODUCTORYOctober 11 and 12, 2012

THREE-DAY SKILLSNovember 1, 2, and 3, 2012

In beautiful downtown Erin, Ontario

This is the training required to practice in the

COLLABORATIVE ADRmodel in all jurisdictions

Join us:Marie B. Nickle, Lawyer

Karen Thompson-Harry, Lawyer Experience the benefits of this

new way to practice Law

Two Days $650 plus HSTThree Days $950 plus HST

Fee for all Five Days$1,550.00 plus HST

EARLY BIRD$50 off if registered by

August 15, 2012Certificate Program/

Approved for CPD Credits

Contact: Email [email protected] more information

As many of you are aware, there have been initiatives by the Attorney General across Ontaio such as Justice on Target, in relation to criminal law and The Four Pillars of the family court system. While these initiatives were designed to increase efficiency within the court system, the Peel Law Association is concerned that such systems have had the undesired collateral effect of de-emphasizing the involvement of private counsel throughout the process.

Specifically, in criminal cases, there would seem to have arisen systemic referral to the use of duty counsel (by Legal Aid and otherwise), as a default first point of contact for accused persons, while the idea of retaining one’s own lawyer has become somewhat of a secondary consideration.

Similarly, in family cases, new clients are routinely referred to the services of FLIC (Family Law Information Centre).

While duty counsel and other public services are important to the court system, the Peel Law Association feels that there needs to be a renewed emphasis to the public, Legal Aid Ontario, Judiciary and other court stakeholders of the importance of the right and option of hiring one’s own lawyer.

It is important that we as lawyers recognize this issue, as we are the actual service providers and to continuously emphasize the importance of the involvement of private counsel throughout the legal process.

If you would like to provide your input on this issue, please provide your submission to [email protected].

Vincent V. HouvardasPresident, Peel Law Association

PRIvATE CouNSEL EMPhASIS INITIATIvE

As many of you witnessed in the early days of spring, the courthouse entrance drew much attention – some positive and some negative depending upon one’s opinion! The yellow police tape signaled caution for those inward bound – a very protective Father Goose could be found patrolling the entryway. Mother Goose stationed herself neatly atop the concrete planters located opposite the front doors where she nested for a couple of weeks.

To the delight of numerous onlookers five little goslings ventured out from the parental layer and one by one, jumped from the concrete nest to the ground below. Mother Goose and Father Goose strutted proudly as they worked to contain their little family and remain protectively behind the yellow line!

ANoThER… TALE of MoThER GooSEby Melissa Firth

Spring at the A. Grenville and William Davis Courthouse

On March 30th, a reception was held in the jury assembly room of the courthouse in honour of Marilyn Gamble as she retired from the position of Manager of Court Operations, Superior Court of Justice, Region of Peel. The well attended reception celebrated Marilyn’s 33 years in the Ontario Public Service and included many members of the courthouse community.

Congratulations to Marilyn on behalf of the PLA.

hAPPY RETIREMENT!by Melissa Firth

PLA President Vince Houvardas with Marilyn Gamble.

Frances M. Wood, B.a. LL.B.

rae K. White, B.a. LL.B.

JenniFer GoLd, B.a. LL.B.

Mahvish hina Mian, B.a. LL.B.

Real Estate Appraisers & Consultants

12 appraisers serving Peel, Halton & environs Members Appraisal Institute of Canada

Residential & Commercial Divorce, Estate, Litigation, Capital Gains, Expropriation

Experienced Expert Witnesses / Historical Sales Data Base

www.hendren.ca 44 Queen St. E., Brampton ON L6V 1A2

905-450-3307 [email protected]

So, Bev asked me to write a book review. Well, what a panic. The last book I finished was book 3 in The Girl with the Dragon Tattoo, trilogy. Which by way are all excellent books. Now the books were finished two years ago. Since then, I have tried to start some new books, but who has the time. You get up, you go to the gym (because that is necessary), and then get the kids to school. Then to the office, do your required number of dockets, make sure you file on time, come home, make dinner, throw some laundry in the machine, referee a fight between your kids (makes you wonder why you had kids in the first place), do the dinner dishes, shower the kids, put the kids to bed, fold the wrinkled laundry and then read a book? No way.

So instead, I decided to do a review of TV shows. Why, because this is easy. I had considered a review and an update of “Young and the Restless” but I figured I might lose some of the guys. But if you want to know, Victor Newman still lives, and continues to get away with murder, literally.

So, for this piece, I want to give you my review of a fabulous show, which should take all of you back to your childhood story telling, known as “ Once Upon a Time”. Now, take note, this is not for the kiddies. Trust me, if little kids watch this, years of counseling.

The basic premise of this fabulous show is simple: the battle between good and evil personified through Snow White and the Evil Queen. The Evil Queen, has a grudge against Snow White, and to punish her, the Evil Queen partners up with the equally evil and repulsive Rumplelstillskin, who congers a curse that takes all the storybook characters out from the storybooks and hurdles them into our time. All the characters live in a town called Storybrooke, Maine. They have different names, and have no memory of their past.

The Evil Queen becomes the Mayor of the town, and Rumplestillskin, becomes, surprise surprise, a Lawyer. The Evil Queen/Mayor frames Snow White for a murder with the hope of keeping her away from her one true love, yes, Prince “Charming”, aka James. Every possible character you can imagine from the Seven Dwarfs to Cinderella, trolls, Red Riding Hood and so forth are in the show. There are flashbacks to the storybooks so we can learn of the history of the characters and their struggle to find out who they are in our time.

The tales of each character is told in small bits through the main story of the battle between good and evil, and how good tries to overcome. There is love, intrigue, lost love, and love found again.

This show aired on ABC on Sunday evenings so tune in and enjoy the next season later this year. Maybe by the next publication I will have completed the “Hunger Games” and maybe give you a review.

REvIEWSby Mahzulfah Uppal

Well, here it is, another year for the PLA and its Social Committee. We are so very excited about the events and plans that we have for this upcoming year we are busting at the seams.

We, the social committee of the PLA, want to open up some of the events this year to not just PLA members, but also to their significant others, and their kids. Wow! So, what are the plans you ask? Well let me share them with you:

In terms of a social for lawyers and their families, we are looking at an apple picking event in October or a visit to a local farm. We are considering Rollie Willis’s farm for the venue. Conditions will determine the event theme and we look forward to planning something for the whole family. Kids love to pick apples, and Rollie’s apple orchard should be full of fruit by then.

The kids event is to be followed with Rae Whites’ annual “pub night out”. In the past we have gone to Canyon Creek near Square One. This event has always been well attended. Lawyers and booze, apparently they go hand in hand. Rae wants to continue the fun by adding another Pub event, this one in Brampton. We hope to arrange a pub night in August, and then another one in the Fall. So, if you miss one, you can always come to the other. Be there or be square.

The most anticipated event of the year is Judges’ Night. How we love to see our Judges out and about in “regular clothes”. We are hoping to change it up it this year by holding the event at the end of September. The weather tends to be good then, and we hope to find a venue with a nice patio. We will keep you posted. Remember to keep the last week of September open for this night of fun!

At the request of our lovely editor, Bev, this year we hope to hold a dinner dance. We want to meet the men and women behind our lawyer colleagues. The facility as of yet is not decided, but the hope is that this would occur in mid to late November. When I mentioned this to Rollie, he seemed downright giddy and even suggested a live band that we could use. According to Rollie, this band can play any type of music. We may take Rollie up on it. I actually think Rollie plans on singing.

The social year will finish with the ‘oh so exciting’ AGM. This is a favourite time of year for Melissa and the library staff. They love to deal with ballots and prepare and organize Directors for the night. This event is normally held at the end of February. For those of you who are interested in running for a Director’s position, now is not a bad time to start your election hand shaking. Think of it like the Republican primary, it is never too early to start an election campaign.

Last but not least; ROBES. The social committee has organized a day for Imperial Robes to attend at the law library to fit us for shirts, waistcoats, or robes if we need them. Some of us still have Robes from the 1970’s and it may be time to update our wardrobe. Think how crisp and proper you’ll look when you argue in front of your favourite Judge. The new “duds” may actually win a motion.

So, to all you lawyers who are members of the PLA, I am sure you are all salivating and cannot wait to participate in this year’s events. Keep an eye out for specific event announcements.

Mahzulfah Uppal, for your PLA Social Committee 2012-2013.

SoCIAL CoMMITTEE NEWSby Mahzulfah Uppal

NEW booKS - Spring / Summer 2012

TExT booKS

• Animals and the Law, 2011. Bisgould.

• Bennett on Bankruptcy, 14th ed., 2012. Bennett.

• Canadian Trade-Mark Law Benchbook, 2012. Cameron.

• Courts, Litigants and the Digital Age: Law, Ethics and Practice, 2012. Eltis.

• Criminal Procedure, 2nd ed., 2012. Coughlan.

• Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms, 2012. Stewart.

• A Guide to the Youth Criminal Justice Act, 2013. Tustin, Lutes.

• Injunctions and Specific Performance, 2012. Sharpe.

• The Law of Damages, 2012. Waddams.

• Mediating Justice: Legal Dispute Negotiations, 2nd ed., 2011. Adams.

• Mergers and Acquisitions and Other Changes of Corporate Control, 2nd ed., 2012. Nicholls.

• Ontario Municipal Law: A User’s Manual, 2012. Rust-D’Eye, Bar-Moshe, James.

• The Practitioner’s Criminal Precedents, 3rd ed., 2011. Gold.

• Why Good Lawyers Matter, 2012. Blaikie, Cromwell, Pink.

Please see the pink insert for additional new book titles, additions to the Halsbury’s Laws of Canada series and Law Society of Upper Canada CPDs.

LIbRARIAN’S REPoRT...... continued from page 4


Upcoming Events for 2012

PLA -at the- PUB Time & Location TBA

PLA ANNUAL GOLF DAY Wednesday SEPTEMBER 12th (Lionhead Golf & Country Club)

PLA JUDGES’ NIGHT Thursday SEPTEMBER 27th

PLA FAMILY FALL DAY Saturday OCTOBER 13th

PLA DINNER & DANCE Saturday NOVEMBER 24th

PLA WINTER SOCIAL (Family event) TBA ~ JANUARY 2013

PLA ANNUAL GENERAL MEETING Thursday FEBRUARY 22, 2013

Dear PLA Member, We hope to see you at the upcoming events over the next year. Further details will follow for each event through electronic flyers & bulletin board postings. Suggestions are always welcome & participation encouraged! And, there is still more to come…

~ PLA Social Committee

Editorial PolicyPeel Briefs is a publication of the Peel Law Association, distributed free to paid up members. It is published four times a year. Member 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 opinion of the Association or the Editorial Board and neither the Association nor the Editorial

Board accepts any respirability for them. Copyright for articles published in Peel Briefs remain 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.

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