what’s inside this issue - middlesex law association · killeen, the hon. gordon. annotated...
TRANSCRIPT
June IssueThank you to all the contributors
and advertisers for supporting this month’s edition of the Snail.
Want to contribute to the next issue?
The deadline is June 25, 2019
Send submissions to Karen Hulan: [email protected]
For advertising inquiries contact: [email protected]
The appearance of an article or advertisement in the Snail is not a warranty, endorsement or approval by the Middlesex Law Association of
the products, services or opinions therein.
What’s inside this issuePRESIDENT'S REPORT by James Zegers
LIBRARY NEWS by Cynthia Simpson & Shabira Tamachi
BENCHERS REPORT Contributed by Michael Lerner / Lerners LLP
STRATHROY HIGHSCHOOL STUDENTS COURTHOUSE TOUR
COURTHOUSE ROCKS SPECIAL EDITION
LOVE ME, LOVE MY DOG by James Zegers
FOLA UPDATE
CPD REPORT Contributed by Paula Puddy
WILL NOTICES
EXECUTIVE & COMMITTEES
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02
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www.middlaw.on.ca
JUNE 2019 | YOUR TRUSTED MIDDLESEX COUNTY NEWS SOURCE ON ALL TOPICS LEGAL | VOLUME 49 | ISSUE 05
courthouse rocks
SPECIAL EDITION!
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The Opening of the CourtsWelcome to the Court House Rocks edition of “The Snail.” Over the past 16 years, Court House Rocks has evolved into one of the main social events of the Middlesex Law Association. Court House Rocks is just one of many ways that London lawyers demonstrate an ongoing commitment to the community. London lawyers can be proud of their history of engagement and generosity in many worthy causes.
Likewise, the Opening of the Courts has been an important part of the Middlesex Law Association social calendar for many years. For those who attend it is an opportunity to connect with the legal community and serves as a reminder of
our duties as solicitors and barristers.
Recently the Board of Trustees formed a committee to look at ways of revitalizing the Opening of the Courts. We have decided to transform the event into a secular celebration of the law and our community.
Accordingly, the Opening of the Courts will be held at Museum London on September 12, 2019. Chief Justice George Strathy of the Ontario Court of Appeal has agreed to be our key-note speaker, and after a few remarks from the local judiciary, the Middlesex Law Association will be hosting a Gala Reception at Museum London.
In addition to inviting our membership to attend, the Board of Trustees will be
inviting community participants in the legal system, including representatives of the various social agencies that assist the court with its day to day operations. The goal is to present an inclusive celebration that welcomes everybody.
So please mark September 12, 2019 on your busy calendar and plan to spend a few hours celebrating our profession and the contributions we make to our community.
James Zegers President
President’s ReportContributed by: James Zegers, President
Want to contribute to the next issue? The deadline is June 25, 2019
Potential topics for submissions include:
Send your submissions to Karen Hulan: [email protected]
The Snail welcomes articles from MLA members in Word format, along with photos, headshot and headline. For clarity and readability, we encourage submissions in the range of 200-500 words, with a maximum limit of 1000 words for news and opinions, and a limit of 2000 words for articles on law and legal issues. At the request of the contributor, any submissions shortened in this way can also be published with a link to the full article to be obtained directly from the author.
· News, the promotion of an upcoming event, a review of a past event
· Recognition of someone in the legal community
· Opinion and letters to the editor
· Discussion of a legal issue & case reviews
· Practice tips
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John - “I believe that my experience and my approach has provided me with the knowledge and judgment to understand both sides of a case
and, most importantly, to realistically evaluate what are the parameters of a reasonable settlement.”
About the Mediator
Strong academic background having obtained a doctorate from the London School of Economics before obtaining law degree from the University of Western
Ontario. Practiced for 33 years as a civil litigator and was a senior partner in a firm dealing with all aspects of insurance and personal injury litigation.
In 1994 was certified as a Specialist in Civil Litigation by theLaw Society of Upper Canada.
JOHN F. GRAHAM
www.grahammediations.com
Contact
Services
IT WORKS. Many mediations end in agreement, even when other attempts to settle have failed.
IT’S AFFORDABLE.Obviously a one day mediation costs only a small fraction of a three week trial.
IT’S QUICK.Mediation can result in a fair settlement far sooner than the traditional litigationsystem, especially with the court delays now being encountered.
IT’S PRIVATE.Disclosure, concessions, and offers made during a mediation are confidential. If the case doesn't settle neither party can use them against the other at trial.What happens on a mediation stays in the mediation. This encourages parties to move from their rigid litigation positions (which are preventing settlement)to more realistic and achievable goals.
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Karen- 519-671-4935 or [email protected] John- 519-474-4806 or [email protected]
Insurance Law • Civil Litigation • Personal Injury Accident Benefit Disputes • Professional Liability • CGL Policy Disputes
4NEWS
DonationsOur members are always generous with their donations to our library. We would like to thank John Lisowski for donating of a whole slew of Osgoode Society books. John was moving offices and, having read these books already, did not want to move them to his new office. Many of them still have their book jackets on them and they cover a whole range of matters of interest to law history buffs. We will put them in the glass book cabinet in the Mayer Lerner Lounge and you are welcome to check them out.
We would also like to thank The Honourable Gordon Killeen for donating the latest 2019 edition of his Annotated Canada Pension Plan & Old Age Security Act book. This is always a handy reference book for our members, and it can be found in our regular collection.
Robe Donations for New CallsWe are surprised, considering the high cost of court attire, that these are still available, so we are advertising their availability in our monthly article now. Family lawyer Brian Garlough passed away unexpectedly, and his family has donated two sets of his court attire with the intention that we offer them free of charge to individuals about to be called to the bar who cannot afford to purchase a set themselves. We have two robes and two waistcoats available for donation and all were dry-cleaned prior to donation.
If you need robes for your call, please come by the MLA Practice Resource Centre during normal work hours to try on the pieces to see if they are suitable for you.
Articling & Summer StudentsIt’s that time of year again when the articling and summer students start at
the various law firms in town. These students enjoy full library privileges and most association privileges during their work term. As such, it is important for you to send them to the MLA PRC to get registered, receive a tour of our space, and find out what services and resources are available to them here. There is no charge to register with the MLA and it guarantees they will receive all our communications while they are working for our members. Please encourage them to drop in and we generally do not need advance notice of their arrival.
New BooksBrown, Donald J.M. Canadian labour arbitration --5th ed., Thomson Reuters
Glaholt, Duncan. Conduct of lien, trust and adjudication proceedings 2019, Thomson Reuters
Gold, Alan. A practical guide to the charter: section 11(b), LexisNexis
Jones, Brock. Prosecuting and defending youth criminal justice cases: a practitioner's handbook --2nd ed., Emond Publishing
Killeen, The Hon. Gordon. Annotated Canada Pension Plan and Old Age Security Act --18th ed., 2019, Wolters Kluwer
LSO. Six-minute estates lawyer 2019.LSO. 2nd motor vehicle litigation summit.LSO. Wills and estates refresher 2019.LSO. 16th real estate law summit.LSO. Six-minute criminal lawyer 2019.LSO. 15th real estate law summit.McMechan, Robert. Portable tax court practice, act and rules 2019, Thomson Reuters
n/a. Martin's related criminal statutes 2019-2020, Thomson Reuters
n/a. Canadian Income Tax Act with regulations, annotated 107th ed. 2019 Spring, CCH
Oosterhoff, Albert H. Oosterhoff on trusts. --9th ed., Thomson Reuters
Waldock, Henry. Common Canadian criminal code offences and procedures 2018-2019, Thomson Reuters
Missing BooksAllen, John. Estate planning handbook -4th ed.Bolton, Michael. Defending drug cases -4th ed. (2016)Bourgeois, Donald J. Charities and not-for-profit administration and governance handbook --2nd ed.Goodis, David. 2012 annotated Ontario Freedom of Information & Protection ActHull, Ian. Challenging the validity of wills -2nd edLavender, Stephen. 2015 annotated Ontario Human Rights CodeHull, Ian. Macdonell, Sheard and Hull on probate practice -5th ed. (2016)Johnston, David. Canadian securities regulation –3rd ed. MacDonald, James. 2015 annotated Divorce Act. OBA. Business agreements: practice and precedents.Oosterhoff, Albert H. Oosterhoff on wills --8th edition (2016)n/a. The Annotated 2015 Tremeear’s Criminal Code. Rintoul, Margaret. Practitioner’s guide to estate practice in Ontario -4th ed.Shearer, Gillian. Law and practice of workplace investigations.
Library NewsContributed by: Cynthia Simpson and Shabira Tamachi [email protected]
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If you have any issues or concerns regarding the
Middlesex court facilities, operations, judiciary, etc.,
let them be known!
Send all concerns MLA Bench & Bar representative:
Karen Hulan 519-673-4944
Questions & Comments
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Now that the dust has settled, the fat lady has sung and Elvis has left the building and I have had an opportunity to reflect, I am sure you appreciate my disappointment in not being re-elected. I took my responsibilities as a bencher seriously and considered myself one of a group entrusted as guardians of the profession. The Law Society is mandated to regulate in the public interest, and I always strove to create a balance between the best interests of the profession and those of the public. I agreed with most of the decisions of Convocation but when I didn’t, I did not hesitate to make personal comments critical of what had been done.
As a bencher, I had the good fortune to be involved in a number of important issues that hopefully will not be disturbed. I was actively involved in the regulation of lawyer’s advertising, referral and promotion discussions. I took the contingency fee issue forward at the request of one of my partners. I was a member of the working group that developed the recommendations that were adopted by Convocation. My view was that to level the playing field, all law school graduates should be required to take the Law Practice program. My view is that, each year, there will be more and more students who are unsuccessful in their search for a position. I opposed the name change to what is now the Law Society of
Ontario. I embarrassed my Convocation colleagues into taking aggressive action against the unprofessional, demeaning and misleading advertisements that flooded the media with some success. I was involved in regulating “all in fees” advertised by real estate lawyers. I made myself accessible to the local bar. I was pleased to take any individual or association concerns to the Law Society.
I have had the good fortune to work with a number of incredible people who have been leaders in the profession as well as
their communities. Were it not that I was elected a Bencher, I would never had the opportunity to work with the likes of Sid Robins, Sid Troister, Julian Porter, Bob Armstrong, Chris Bredt, Will McDowell, Barb Murchie, Teresa Donnelly, and many, many others. One thing that impressed me about all benchers has been their willingness to commit incredible time and considerable effort to
better the profession. For myself, I have spent somewhere between 250 – 300 hours annually on Bencher related work.
I wish to thank all of those who have supported me over the past 8 years. It was an honour and privilege to be your local bencher. Without your support and encouragement, I could not have committed the time that I did to the Law Society. I will be forever grateful for your support in so many ways. The MLA has been at the forefront of change. We were the first to adopt a formalized mentoring program that became the template for the rest of the Province and was eventually adopted by the Law Society. I am proud with the manner in which our association embraced initiatives like the EDI program.
After 45 years I am not about to call it “quits” just yet. There is still a part to play and I hope to be able to serve my clients, actively participate in the community and enhance the reputation of our profession. To be honest, I am concerned for the future. With the slate of new Benchers I am concerned that important work that has been done might be reversed. There will be a group of new benchers who ran on a single issue. I hope that they quickly learn there are important issues to be addressed and will set aside their ideology and personal beliefs and recognize that they have been elected to regulate the profession in the public interest. My position was, and continues to be, that the principles enunciated in the Statement of Principles ought to be embraced by the profession and reflected in every decision we make; however, I
Bencher's Report continued on next page...
Bencher's ReportContributed by: Michael Lerner / Lerners LLP
I have had no more rewarding or
fulfilling experience than serving as a
Bencher of the Law Society of Ontario and representing Middlesex and the
South-West region in Convocation.
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Bencher's Report continued page 6...
reject that the Law Society or anyone else has the right to compel me as to the manner in which that is done.
I have had no more rewarding or fulfilling experience than serving as a Bencher of the Law Society of Ontario and representing Middlesex and the South-West region in Convocation. My biggest disappointment? It is the fact that so few lawyers exercised their right to vote as reflected by the abysmal voter turnout. I thank not only those who voted for me, but also those who did not. But those who did not vote at all have lost the right to complain about the manner in which the profession is regulated for the next four years.
I ask that each and every member of our association reflect, not only today, but every day, upon our good fortune to be a member of a profession that contributes so much to society, but albeit, receives so little credit. I encourage you to consider giving back in some way that will promote the principles for which we all stand. Each, in our own way, is a guardian of the rule of law and must never forget how blessed we are as members of a profession that is more concerned with the public interest rather than any personal or selfish interest.
It has been a privilege to have served.
Over the past few months, the Middlesex Law Association Board of Trustees has reviewed the policy defining which individuals have access to the MLA Practice Resource Centre. Going forward, the policy the MLA will implement is as follows:
Only the following individuals are permitted access to and use of the Middlesex Law Association Practice Resource Centre:
- MLA Members and their agents, including law students, articling students and paralegals;
- Out-of-county lawyers and their agents, including law students, articling students and paralegals; and,
- Court Services’ staff members.
The MLA Board of Trustees would like to make clear that lawyers in Middlesex County who choose not to be members of the MLA do not have the ability to access and/or use the Practice Resource Centre.
This policy will be posted near the entrance of the MLA Practice Resource Centre.
- The MLA Board of Trustees
Opening of the Courts– Museum London –
September 12, 2019 4:30 PM
– Guest Speaker – The Honourable Mr. George Strathy,
Chief Justice of Ontario and President of the Court of Appeal for Ontario
Access to the Middlesex Law
Association Practice Resource Centre
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Strathroy High School Students Courthouse Tour On May 9th, over 30 students from Strathroy District High School interested in a future career in law visited the London Courthouse with their teacher, Jason Hatch.
The students toured the courts and observed a mock guilty plea with Konrad de Koning as Crown and Aaron Prevost as defence counsel. MLA member Casey Hayward assisted with the tour and ensured the students got to where they should be going. The students then visited the MLA Practice Resource Centre to meet with Past-President, Lawrence Blokker, to discuss the practice of law and ask questions of a practicing lawyer.
The Middlesex Law Association assisted with this special student visit by covering the cost of bussing from Strathroy and asked that the students collect donations for the food bank in recognition of our official charity, London Lawyers Feed the Hungry. The students did a fantastic job collecting over 200lbs of items, which Lawrence then transported to the London Food Bank on our behalf. Thank you to all the volunteers for making this a success.
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courthouse rocks
SPECIAL EDITION!
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Court House Rocks 2019 The Golden Snail AwardsInspired by the Junos, Court House Rocks 2019 presented the “Golden Snail Awards”© in recognition of the outstanding achievements of London musician/lawyers. A total 24 well-deserved “Golden Snails”© were handed out.
The Neilson-Pensa Award for “Best Performance” went to Randy Mills and Millstream. Randy also won the “Golden Snail”© for “Best-Opening Act.” For 16 years, Randy and Millstream have consistently been scheduled in the difficult and crucial opening time slot of the show. Thanks to Jim Dean for generously donating the prize for “Best Opening Act.”
From first time performer Toenie Hersch (who along with Matt Dupre won the “Golden Snail”© for “Best Ukulele Performance”) to seasoned professional Justice Norman Douglas (whose Elvis tribute brought the house down), Court House Rocks 2019 treated the audience of 250 to a night of excellent music and entertainment.
Thanks again to our sponsors whose generous support raised $18,350 for London Lawyers Feed the Hungry.
Also thanks to Jay Stevens of Virgin Radio for emceeing the show.
Court House Rocks 2020 returns to Rum Runners on Friday, April 17, 2020. Next year’s theme: “Lawyers in Love”.
Court House Rocks
2019 Stats2003
Year that Court House Rocks was established
16Number of years that Court House Rocks has presented this fundraiser
for London Lawyers Feed the Hungry
$600,000(approx)
Money raised to date by London Lawyers Feed the Hungry and Court House Rocks
25Number of CHR Sponsors for 2019
$18,350Amount of sponsorship money
raised for CHR 2019
19Number of community agencies
assisted by London Lawyers Feed the Hungry in 2019
250Number of people in
attendance at CHR 2019
41Number of performers
1Number of Elvis tribute artists
Lawyers in LoveNext Year’s Theme
April 17, 2020Next Year’s Date
Rum Runners 176 Dundas St.
Next Year’s Venue
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Performers in Order of Performance1. Millstream (Randy Mills)
2. Michel Castillo
3. Toenie Hersch/Matt Dupre
4. Zach Wilson
5. The Carbolic Smoke Balls (Joel Belisle, Peter Restivo, Darcy Forbes, Alain Young)
6. Shut the Front Door (Andrew Jarvis)
7. Adam Campbell
8. The Wyld Stallions (Dan Mailer, Robert Farrington, Ryan Fritze, Tori Zavitz, Carolynn Conron, James Zegers)
9. Elvis (Justice Norman Douglas)
10. Culture of Complacency (Carolyn Conron, Sean Smith, Elizabeth Gelnyk, Marcus Stevens, George Manury, Beau Williams, James Zegers)
11. The Delicate Arch (Malcolm Scott, Brandon Schott, Jackson Schott, Marianne Griffith)
12. The Dufferin Street Band (Robert Ledgley, Andrew Murray, Cale Sutherland, Katherine Serniwka, Bruce Hanson)
13. RBC DC (David Kirwin, Adam Bain, Ed Kaszuba, Derek Reeves, Johnny Traut )
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James Zegers Keli Mersereau
Robert Farrington Chris Uwagboe
MIKE LOEBACH GEORGIA KORTAS
♪♫ COURTHOUSE ROCKS 2019 – THANK YOU! ♫♪ The organizing committee of Courthouse Rocks 2019 would like to thank the sponsors, performers, volunteers,
ticket sellers and technicians for helping to raise over $21,000.00 this year in support of the London Lawyers Feed the Hungry Program. This event raises money to help the hungry and homeless in our community.
GOLD SPONSORS
PLATINUM SPONSOR
SILVER SPONSORS
BRONZE SPONSORS
SPECIAL THANKS TO:
AND TO: The London Lawyers Feed the Hungry Committee and its Courthouse Rocks Committee members.
James Zegers Keli Mersereau
Robert Farrington Chris Uwagboe
MIKE LOEBACH GEORGIA KORTAS
♪♫ COURTHOUSE ROCKS 2019 – THANK YOU! ♫♪ The organizing committee of Courthouse Rocks 2019 would like to thank the sponsors, performers, volunteers,
ticket sellers and technicians for helping to raise over $21,000.00 this year in support of the London Lawyers Feed the Hungry Program. This event raises money to help the hungry and homeless in our community.
GOLD SPONSORS
PLATINUM SPONSOR
SILVER SPONSORS
BRONZE SPONSORS
SPECIAL THANKS TO:
AND TO: The London Lawyers Feed the Hungry Committee and its Courthouse Rocks Committee members.
Thank you to our Court House Rocks Sponsors
Platinum Level
Bronze Level
Volunteers Organizing Committee
Photos Courtesy of Emanual Benyamin Friends Georgia Kortas Michael Loebach
Gold Level Silver Level
Robert Farringtion | Keli Mersereau | Chris Uwagboe
Tamra Mann Sara Nirta Maansi Dhir Casey Hayward Pamela Munn Adam Kelner Julia Zanetti
David Kirwin Brian Whitwham Georgia Kortas Marshall Mayne Mana Khami James Zegers
Thanks to Jim Dean for donating prizes for Best Performances!
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Court House Rocks MerchT-Shirts"I’m a lawyer – what’s your super power?"$20
"Culture of Complacency" $20
Available Sizes Men’s small, medium, large and extra-large; Women’s medium
Court House Rocks 2019 Ball Cap $20
All prices include HST Quantities are limited!
All proceeds to London Lawyers Feed the Hungry
Contact [email protected] to place your order.
Love Me, Love My Dog Contributed by: James Zegers / Zegers Law Professional Corporation
Raleigh is an 11 month old Standard Poodle. He is an exuberant, fun-loving dog (he is 11 months after all), and quite intelligent too, which is important because his human, Erika Chamberlain, is the Dean of Law at Western University. She also has a PhD from Cambridge.
Raleigh is not the least intimidated by her credentials. He is, after all, a poodle.
According to the American Kennel Club poodles are “eager, athletic, and wickedly smart ‘real dogs’ of remarkable versatility”. Just like law school deans!
Do you have a dog (or cat) that you would like to introduce to the London legal community? Contact James Zegers, Snail photographer, at [email protected].
Raleigh with his human, Erika Chamberlain
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FOLA Update - Post Plenary Wrap UpFOLA’s May 2019 Plenary kicked off with a bang at Toronto’s Albany club.
Dinner featured a “Behind the Scenes at the CBC Series Street Legal Q&A” with Showrunner Bruce M. Smith, Actor Steve Lund and moderated by Toronto Entertainment Lawyer & Actor, Roselyn Kelada-Sedra followed by a lively Hospitality Suite back at the hotel (which apparently went on well into the early morning!).
Following an optional yoga session before breakfast, FOLA got started with brief opening remarks by FOLA Chair, Mike Winward (including Roll Call). Saving time during his opening remarks, Mike encouraged delegates to read his is full Chair’s Report, which can be found here. Mike was immediately followed by Margaret Waddell, President of the Toronto Lawyers Association, who welcomed guests to Toronto and took a moment to issue a critical stand up against both levels of government on access to justice through cuts to legal aid services.
Next up was Katie Robinette, FOLA’s Executive Director, who presented her Report followed by a very detailed (In Camera) update about LIRN by Jaye Hooper, FOLA Past Chair, and Nathan Baker, FOLA PRC Committee Chair.
Not wasting any time, we launched into FOLA Committee Reports with Helena Birt, Senior Program Director for the Steering Committee for the Family Law Limited Scope Services Project stepping in for FOLA Family Law Chair, Valerie Brown. You can view Helena’s presentation here and read Valerie’s Report here. Following Rene Larson’s Alternative Business Structures Report, we heard from Eldon Horner, FOLA’s Real Estate Committee Co-Chair who presented his report and Terry Brandon who briefly reported on Legal Aid. Terry was followed immediately by David
Field, CEO of Legal Aid Ontario who both spoke to, and generously answered questions from, Presidents and delegates.
Following our Treasurer’s Report (not available online), we heard mini-presentations from three of our sponsors: GoAhead Tours, Lawyers Financial (who are also the contributors to our Financial Solutions Blog), and the Ontario Courthouse Libraries Association (about their new Library app).
Before we knew it, it was time for lunch and we all headed over to Convocation Hall at the Law Society of Ontario to hear from Guest Speaker Dr. Susan Farrell who delivered a presentation called “Health & Mental Wellness: Insights & Considerations For The Legal Profession”.
Our Thursday afternoon session got started with a presentation called “Marketing Strategies for Lawyers” by the Legal A Team’s Jana Schilder who highlighted the consequences of not carving out time for marketing one’s law practice and offered suggestions to develop some strategies and implement an actionable marketing plan. Jana was immediately followed by an expert panel who dove a little deeper into the weeds on strategies around measuring results, prioritizing social media channels, newsletter and blog tips, and other online tricks of the trade.
After a fifteen-minute break, we launched into another set of mini-presentations from three of our sponsors: CPDOnline, Loom Analytics, and LegalLine.
To close out the day, we heard from another set of esteemed experts who joined us for a panel discussion titled “The Practice of Law and the Future of Tech” followed by an update from Bencher Jacqueline Horvat, Chair of the Law Society’s Tech Task Force, some free time, and a dinner talk by LSO Treasurer Malcolm Mercer in Convocation Hall. And, of course, a hospitality suite hosted by LawPRO.
On Friday, after another early morning (optional) yoga session and regional breakfast meetings, we heard from Rio Peterson from Clio who presented her extremely interesting findings from their annual Legal Trends Report. For those who don’t already know, Clio is a truly Canadian success story and was widely praised at the National Conference Association of Bar President’s and National Association of Bar Executive’s recent meeting in Las Vegas. They offer leading cloud-based software for legal practice management, and client intake and client relationship management and was also this plenary’s Wednesday night dinner sponsor.
Then we heard from the Law Society of Ontario who took us through some of their valuable (and often overlooked) tools and resources for sole and small practicing lawyers in their “Competence Supports Walkthrough” presentation.
After a break, we heard from LSO CEO Diana Miles, who offered a presentation and held a Q&A on Law Society activities (note -this presentation will be distributed separately to attendees) followed by a very thorough briefing by Dan Pinnington, President & CEO of LawPRO, that offered an overview of 2018 claims, dove into claim trends, offered warnings on fraud and hacking (along with valuable prevention tips), insight into Blockchain, and more! We should note, that LawPRO was once again our Title Sponsor – so THANK YOU LawPRO!
Closing out the May Plenary was Chris Johns, Executive Director, Innovation Office in the Ministry of the Attorney General who discussed what’s new, what’s coming soon, and what’s being worked on in the future. His presentation is here and ongoing updates at MAG can always be found here.
Stay tuned for videos of Plenary presentations and we look forward to seeing you in November!
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Conflict of Interest?No problem.
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Report on Past CPD ProgramsContributed by: Paula Puddy, MLA CPD Director
The Middlesex Law Association held its Fourteenth Annual Straight from the Bench Conference on Monday, May 6, 2019.The 14th annual SFTB was far less chaotic than (un)lucky number 13! The agenda moved along very well thanks to the guidance of our MC, Vince Calzonetti. We even finished a few minutes early!
This year’s Conference welcomed 115 lawyers, judges and sponsors who covered a variety of “hot” litigation topics. The day started off with a “fireside chat” between the Honourable Mr. Justice Marc Garson and Lou-Anne Farrell. The chat covered various topics applicable to civil litigators such as time estimates, scheduling and trial efficiencies.
Dr. Randal Graham treated us to an interesting and though-provoking EDI discussion on mental health and how the human rights legislation requires us to accommodate and include persons with disabilities.
We were delighted to once again welcome a judge from Ontario’s Court of Appeal, the Honourable Mr. Justice David Brown, who participated on the post-Hyrniak panel with the Honourable Madam Justice Helen Rady, John McNair and Sonia Fabiani, moderated by Dara Lambe. The panel discussed a number of the legal developments since the Hyrniak decision, in addition to providing practical advice. Mr. Justice Brown discussed the types of cases amenable to success on appeal from summary judgment, in addition to discussing the average time for dealing
with these matters on appeal. Madam Justice Rady provided guidance respecting best practises in preparing the record and arguing these motions. Sonia Fabiani and John McNair provided tips as seasoned litigators for selecting the right cases for summary judgment and practical tips for navigating these motions.
Justice Brown also shared his thoughts in a presentation entitled, “Red block, green block, yellow block, blue; with so much competition, what do we do?” Justice Brown discussed the impact that delay and alternative forms of adjudication have had on Ontario’s civil courts and provided concrete personal recommendations to improve the civil justice system. His remarks included many “outlandish” ideas as strict timelines for civil trials, a requirement to be more client focused and customer service oriented!
Our short snappers were a hit. We learned about the following:
Marijuana is Legal – Now What? examined the recent changes to the laws pertaining to the possession of marijuana. Marijuana is still for the most part an illegal substance. The federal Cannabis Act and the provincial Cannabis Control Act provide only narrow exceptions to the general prohibition against possession. Thank you Jim Zegers.
The standard for review for arbitrators’ case comment explored the Supreme Court of Canada’s 2017 decision in Teal Cedar v. British Columbia, where the court held that the proper standard of review of a commercial arbitrator’s decision is almost always reasonableness. The court made an important distinction between an
appeal of a civil litigation judgment, where nature of the question is dispositive of the standard to be applied, and the decision of a commercial arbitrator where the nature of the question is not determinative of the standard to be applied. Even where the parties agree beforehand on the standard of review, the court will have final say on this issue. Arbitrators will almost always be subject to the reasonableness standard. Thank you George Hamzo.
A summary judgment case comment reviewed the Court of Appeal’s decision in Canaccord Genuity Corp. v. Pilot, 2015 ONCA 716. The Court of Appeal engaged the principles of good faith contractual performance, rescission for misrepresentation, set-off, and the appropriateness of summary judgment in cases with multiple defendants. Thank you Ben Blay.
The Power of Equity: A Case Comment on Moore v Sweet, 2018 SCC 52 addressed whether unjust enrichment can overcome the statutory provisions of the Insurance Act, RSO 1990 c. I.8 in Moore v Sweet, 2018 SCC 52. In this case, the ex-spouse of the deceased and the new common law spouse of the deceased disputed over the entitlement to proceeds of a life insurance policy. The majority determined that unjust enrichment had been established, a constructive trust was an appropriate remedy, and that equity prevailed over the statutory authority in this case. Thank you Leanne Kuchynski.
Regional Senior Justice Thomas delivered a Southwest Regional Update which, as always, was comprehensive and informative.
The Fourteenth Annual Straight from the Bench Conference
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your trusted middlesex county news source on all topics legal JUNE 2019
Thank you to the Honourable Madam Justice Lynne Leitch for acting as our judicial chair of this conference for the fourteenth year in a row. Clearly, her Honour is committed to delivering a high quality and practical litigation conference in Southwestern Ontario.
The agenda this year was fantastic which is thanks to my wonderful conference co-chairs: Anne Marie Frauts of Frauts Dobbie, Dara Lambe of Lerners LLP and Dagmara Wozniak of Siskinds LLP. Thank you for your contributions and for your extensive involvement in creating the agenda, moderating and organizing the panels and identifying speakers. Unfortunately, Ms. Frauts was unable to attend the conference for the first time ever. Her presence was greatly missed. Ms. Wozniak was kind enough to bring her baby boy with her to the conference - our youngest attendee ever! He was adorable and very well behaved!
We are pleased to make a donation to London Lawyers Feed the Hungry on behalf of our chairs and all of our speakers.
Finally, special thanks to our sponsors for helping us make this event a success. In particular, thank-you to our sponsors for their on-going sponsorship, as well as their generous door prizes and swag. We are fortunate to have such committed legal service providers in our community.
Thank you to our generous Gold Sponsor: Henderson Structured Settlements LP.
Thanks to our Silver Sponsors: MDD Forensic Accountants Ltd., and Hoare Dalton | Marcus & Associates.
Thanks to our Bronze Sponsors: 30 Forensic Engineering, Arcon Forensic Engineering, CPDonline.ca, Davis Martindale LLP, DMA Rehability Inc., McKeating Actuarial Services, Inc., McKellar Structured Settlements Inc., Rehab First Inc., Taran Virtual Associates Inc., The Advocates’ Society and Xpera Risk Mitigation & Investigation.
This event would not be possible without the tremendous support of our members. Thank you for attending our local programs! Also, thank you for usually saying “yes” to my requests for speakers or help. For example, a big shout-out to Lou-Anne Farrell and Vince Calzonetti for agreeing to assist me on short notice. Also, thanks to two Lerners LLP articling students, Meaghan Carlson and Mike Hodgins, who prepared a short summary of several of the conference’s presentations. Our MLA members are fabulous!
If you missed the event and see any content of interest, it will be available for purchase through our partnership with www.cpdonline.ca in June 2019.
This program contains 1.0 Professionalism Hours and is eligible for up to 4 hours and 30 minutes of Substantive Hours. This program contains 45 minutes of EDI Professionalism content.
This program also qualified for a LawPRO risk management credit.
The Semi-Annual Women’s Innovation & Networking Event (WINE) The latest Women’s Innovation & Networking Event was held on April 4, 2019. It was another great success with 40 lawyers in attendance.
Yes, we changed the name to WINE (Women’s Innovation & Networking Event)!
During this event, we were delighted to hear about Millennials: Gen Y! A special thank you to our presenters: Louise Mimnagh, Enje Daniels and Victoria Yang for sharing their stories and advice!
Thank you to Amy Bryson of the Ivey Business School for sharing her thoughts on Millennials from an entirely different perspective. It was an entertaining, engaging, thought-provoking and fun evening. Thank you to Frances Brennan and Louise Mimnagh for co-chairing this event. Finally, thank you to all participants who strongly supported this event!
The Middlesex Law Association was pleased to make a donation on behalf of the presenters to London Lawyers Feed
the Hungry.
This program contains 20 minutes of Professionalism hours and is eligible for up to 40 minutes of substantive
hours.
The Semi-Annual Real Estate LuncheonFifty-five lawyers attended our semi-annual Real Estate luncheon on April 9, 2019 at the London Club.
A big thank you to Jeffrey Lem, Director of Titles, for his candid comments regarding the land titles system, and his pet peeves. His presentation and willingness to answer questions was greatly appreciated. The Middlesex Law Association was pleased to donate to London Lawyers Feed the Hungry on his behalf.
Thank you to Matthew Wilson for introducing our key-note luncheon speaker.
Thank you to Title PLUS, First Canadian Title and Life Made Easier for sponsoring
our real estate luncheon.
This program contains 25 minutes of Professionalism hours and is eligible for up to 1 hour and 15 minutes of
Substantive hours.
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Written by Paul Byrne. President CPDonline.ca Sign up for CPDonline’s individual, unlimited access, subscription for $199 and the MLA gets $100! CPDonline recently announced that we will pay the MLA $100 for every MLA association members who signs up for a CPDonline, unlimited access, subscription for $199.00. This offer is for each new subscriber and starts immediately. How to Sign Up
1. Go to https://www.cpdonline.ca/ 2. Get Started... Individual Subscription 3. Input Association Code, MiddlesexCPD at checkout (price drops from $399.00 to the law
association member price of $199.00)
Here are some helpful videos and links:
• Member instructions to sign up: https://www.cpdonline.ca/law-association-members • Information about the subscription: https://www.cpdonline.ca/law-association-members
CPDonline.ca is an on-demand video replay service with hundreds of hours of LSO accredited programming in all prominent practice areas. We have high quality programming that can be viewed at any time, from anywhere. The MLA is a partner and proud supporter of CPDonline.ca. CPDonline’s video content is provided by some of the larger associations across Ontario including Toronto (TLA), Ottawa (CCLA), and London (MLA). We know that you have excellent in-person programming at the MLA under the direction of Paula Puddy. However, you may practice in an area that has limited in-person programming, or you need a few extra hours to complete your LSO requirements, or perhaps you want to check out a new area of law. The individual subscription allows you to satisfy these needs at a very economical price. We encourage you to take advantage of this offer, which is strongly supported by the MLA trustees. In fact, we understand from the MLA trustees that the $100 payable to the MLA will be going towards London Lawyers Feed the Hungry.
You deserve a break! CPDonline.ca just announced that all 2019 subscribers are automatically entered to win an “all-inclusive trip for 2 at Majestic Mirage Resort in Punta Cana, Dominican Republic”.
If you are already a subscriber, each referral to CPDonline.ca will result in three additional entries per referral! For more info, https://www.cpdonline.ca/you-deserve-a-break-contest
If you cannot attend our MLA programs, or if you have a conflict, or we don’t offer programing for your specific practice area, or you need a few extra hours, consider purchasing an individual subscription from www.CPDonline.ca. CPDonline.ca is an on-demand CPD video website. They have hundreds of hours of LSO accredited programming, substantive and
professionalism including EDI, in virtually all practice areas.
CPDonline.ca has a great deal for MLA members! Our MLA members can sign up for an unlimited access subscription for the one low price of $199.00 + HST and CPDonline.ca will pay the MLA $100.00 for every new subscriber. When you sign up, use the discount code at checkout: MiddlesexCPD. For more information on this deal, go to www.cpdonline.ca/subscribe. To see how it works, go to: https://www.cpdonline.ca/200-cpd-mla.
Accredited. Convenient. Cost Effective.
Annual CPD… $200.00
MLA Member Special Price
On-demand CPD videos for lawyers Unlimited video access Hundreds of hours:
all practice areas, prof/sub Watch alone or with colleagues
using the multi-viewer feature FOLA endorsed
Have questions about registering?This short video shows you how… click to watch.
1. Visit www.cpdonline.ca2. Get Started Individual Subscription3. Use Association Code:
“MiddlesexCPD” at checkout4. Get $200.00 CPD
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your trusted middlesex county news source on all topics legal JUNE 2019
Our record shows that while we are a front runner, we choose to be part of a team, partnering with legal professionals in a winning combination.
We do not support programs that reduce or eliminate your role in real estate transactions. Instead, we focus on providing you with industry-leading title insurance coverage backed by underwriting expertise and financial strength.
To learn more, call (888) 667-5151 or visit stewart.ca.
© 2019 Stewart. All rights reserved.See policies for full terms and conditions.
CHOOSE A PARTNER WITH A TRACK RECORD
ST_TrackRecord_MLA_HfPg_v3_final.indd 1 3/12/19 12:22 PM
Your career should pay off properly in retirement.
We are interested in acquiring your established practice.
Our collaborative succession plan is unique, preserves legacy and provides significant ongoing revenue for your retirement planning.
Email in confidence to find out more:
London – Toronto – Burlington 1-833-858-1800 www.rrlaw.ca
24
Lisa Kwasek – her last name is now Meyer and her email has changed to [email protected]
Tamra Mann – has moved to 1034 Adelaide St. N., London N5Y 2M9, all else the same
Hugh Fraser – has re-joined as a retired member at 424 Grosvenor St., London N5Y 3S4, ph: 519-434-7415, email: [email protected]
John W. Robertson – his email has changed to [email protected]
Samuel Plett – new member at the recently opened Desloges Law Group, 380 Wellington St., Twr B, 6th fl., London N6A 5B5, ph: 519-964-2762, email: [email protected]
Nicola Circelli – has opened Nicola Circelli Law, 585 Talbot St., London N6A 2T2, ph: 519-601-9977, email: [email protected]
Rochelle Fernandes – new member at Shillingtons LLP and her email is [email protected]
Michael Barry – has moved to 142 Dundas St., 2nd fl., London N6A 1G1, all else the same
Member Updates Send your updates to [email protected]
PublisherKaren Hulan
519-673-4944 [email protected]
EditorsCynthia Simpson
519.679.7046 [email protected]
Shabira Tamachi 519.679.7046
DesignCarve / Jason Recker
519.777.7196 [email protected]
June 2019 Middlesex Law
Association Newsletter
Little, Inglis, Price & Ewer llpbarristers, solicitors and notaries public
148 Wortley Road, London, Ontario | 519.672.5415 | lipelaw.com
Are you a strategic thinker looking for a
NEW OPPORTUNITY?Let’s talk.As a result of the Judicial appointment of our colleague and partner, Tim Price, the lawyers of Little, Inglis, Price & Ewer LLP (J.H. (Kim) Little, Grant Inglis, Georgia Kortas and Jim Dunlop) are seeking a lawyer with 7, or a few more years’ experience, ideally with their own practice, to join our firm.
We offer a friendly, collegial atmosphere, interesting referral work, a self-directed remuneration structure and the opportunity to include your name in our re-named firm.
Interested? Contact Kim Little ([email protected]) or Georgia Kortas ([email protected]) to discuss this opportunity.
LIPE LAW Ad v1.indd 1 2019-05-29 9:39 PM
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your trusted middlesex county news source on all topics legal JUNE 2019
NOTICEThe Law Practice of ROBERT J. DACK, Barrister, Solicitor & Notary Public
16 Front Street East, Strathroy, Ontario, telephone: 519-245-0370
Is Merging With the Law Firm of
BEZAIRE HEMERYCK BARNETT Professional Corporation
18 Front Street East, Strathroy, Ontario, telephone: 519-245-0342
(The Law Office Next Door to the current location of Robert J. Dack’s Law Office)
Effective Monday, July 1, 2019
Thereafter, the past and current Client Files as well as the Client Wills Of the Law Practice of ROBERT J. DACK will be located at the Law Office of
BEZAIRE HEMERYCK BARNETT Professional Corporation.
26
Winston William George McIntoshAnyone having knowledge of a will of the late Winston William George McIntosh, Addictions Counsellor, of London, Ontario, who died on or about December 19, 2018, is requested to contact Dayna Panay, c/o Sue Noorloos, McKenzie Lake Lawyers LLP, ph: 519-672-5666 x7356, fax: 519-672-2674, mail: [email protected]
Robert Oliver Bryant Anyone having any knowledge of a more recent Will than March 20, 1987, of Robert Oliver Bryant, formerly of the City of London, more recently of the Town of Dorchester, Ontario, who died on November 2, 2018, please contact Hope Evenden at MacDonald Evenden, 1229
Dundas Street, London, ON N5W 3B1, Tel: 519 451 2489; Fax 519 451 8131; email: [email protected]
Ronald Allan Collinson Anyone having information or knowledge of a Last Will and Testament of Ronald Allan Collinson born July 15, 1952 and who died April 19, 2019 in the City of London, County of Middlesex, please contact A.J. Belecky of Belecky & Belecky, 104-235 North Centre Road, London, ON N5X 4E7, phone 519-673-5630, fax 519-667-4836, email [email protected].
Melissa Michelle Tandy Anyone having information or knowledge of a Last Will and Testament of Melissa Michelle Tandy born July 23, 1969 and
who died March 7, 2019 in the City of London, County of Middlesex, please contact Andrea C. Bezaire of Bezaire Hemeryck Barnett, 18 Front St. E., Strathroy ON N7G 1Y4, phone 519-245-0342, fax 519-245-0108, email [email protected].
Donald Godden Anyone having information or knowledge of a Last Will and Testament of Donald Godden born Sept 15, 1942 and who died May 16, 2019 in the City of London, County of Middlesex, please contact his daughter Barbara Godden, ph: 266-503-4277, email: [email protected].
Will Notices
SARNIA-LAMBTON CHILDREN’S AID SOCIETY In-House Legal Counsel (Full-Time Permanent Position)
The Sarnia-Lambton Children’s Aid Society is a trusted ally to families, communities & cultures in creating safe, nurturing environments for
children and youth to grow and succeed. Reporting to the Manager of Legal Services, the In-House Legal Counsel is responsible for providing comprehensive legal consultation, representation and training for the Society and its staff in all matters related to the execution of its mandate under the Child, Youth and Family Services Act. Qualifications: an LL.B from a recognized University; membership in good standing with the Law Society of Upper Canada; experience representing children, parents or a Children’s Aid Society in CYFSA or Family Law proceedings. Sarnia Lambton Children’s Aid Society (SLCAS) is committed to employment equity and diversity in the workplace. SLCAS strives for inclusivity and representative hiring practices to respond to the communities we serve. We believe that children, youth, and families have a right to be served in a manner that recognizes their culture, heritage and traditions and is respectful of cultural, religious and regional differences.
SLCAS welcomes applications from women, visible minorities, Indigenous persons, persons with disabilities, persons of any sexual orientation, and persons of any gender identity or gender expression. Our agency believes in fostering a workplace in which individual differences are recognized, appreciated, respected and responded to in ways that fully develop and utilize each individual’s talents and strengths
Accommodations are available for applicants with disabilities throughout the recruitment process.
Interested and qualified applicants are invited to apply in writing to Human Resources, no later than 5:00 p.m., June 14, 2019.
Director of Human Resources Sarnia-Lambton Children’s Aid Society
161 Kendall Street, Point Edward, Ontario N7V 4G6 [email protected]
We thank all applicants for their interest; only those selected for an interview will be contacted.
27
your trusted middlesex county news source on all topics legal JUNE 2019
Building On Success.In celebration of our 90th anniversary as a law firm, we want to recognize the role our clients, lawyers, staff, and communities have played in contributing to our success by giving back.
We invite you to share your story of how a charity has helped you in a meaningful way. In addition to the more than 100 charities and organizations we support annually, 10 additional donations of up to $30,000* will be made to charities identified in your stories, for a total of $90,000 in donations.
Submit your story today!
www.lerners90.ca
Submissions due by June 30, 2019.
*NO PURCHASE NECESSARY. Visit www.lerners90.ca/rules for the official rules. Open to all legal residents of Ontario, 18 years of age and older. Charities/not-for-profit organizations must be registered with Canada Revenue Agency and CanadaHelps.org at the time of entry and donation fulfillment.
Odds of a donation depend on the number of stories received, judging criteria, and result of public vote. Internet access required.
Lerners LLP | London | Toronto | Strathroy | Owen Sound | Lerners.ca
SolutionsJMPIndustrial Technology Partner to the Fortune 1000
In-House CounselCorporate - Part Time
Repor�ng to the Vice President, Finance, we are looking for an excep�onal In-House Counsel with a strong track record of success. You are an individual who wants to grow your career and help shape the growth of our legal department as we
con�nue our expansion throughout North America, coupled with a desire to have flexibility in your schedule on a 24-28 hour work week. This posi�on will be based in our London corporate office, with the possibility to occasionally work remotely.
As In-House Counsel, you will deliver legal advice and support that is prac�cal and solu�on-oriented while being mindful of legal, regulatory and compliance requirements and risks associated with business ini�a�ves and developing and
implemen�ng appropriate mi�ga�on strategies. You will work closely with the management team to assess business opportuni�es and provide legal and strategic advice. You will be involved in regulatory ma�ers and financing and will
nego�ate complex agreements. This is a unique opportunity to assume a leading role in the strategic aspects of a dynamic business as a legal expert and a business partner.
What Qualifies You for this Opportunity?• Called to the Bar of Ontario with membership in good standing with the Law Society of Ontario, or similar designa�on in another Canadian province• Qualified legal professional with at least 5+ years of relevant, working experience• Knowledge and experience dra�ing, nego�a�ng, structuring and advising on various types of commercial contracts and transac�on• Experience with protec�ng intellectual property and/or establishing and managing an intellectual property por�olio, including trade-marks, domain names, patent applica�ons, patents and copyright is a strong asset• Industry experience gained from working with commercial transac�ons in both Canada and the U.S. is a definite asset
Who is JMP?A mature, North American company founded in 1987 with 15 business units across the US and Canada, JMP serves the Fortune 1000 space providing engineering services and turnkey solu�ons in seven core areas: process automa�on, control system integra�on, informa�on and MES, automa�on and robo�cs systems, automated guided vehicles, material handling, and networking and security applica�ons.
JMP is CFE Media’s 2nd fastest growing Systems Integrator in the world on the 2019 System Integrator Giants list, certified as a “Great Place to Work” 2013 through 2018 and a “Best Workplaces Canada” award recipient from 2013 through 2018 and the only company in the world who is a
Rockwell Automation Solution Partner, CSIA and RIA Certified.
Please send your resume to:Heather Donohue, Sr. Talent Acquisi�onist
HDonohue@jmpsolu�ons.com
28
Executive & Committees2019-2020
President James Zegers t. 519-673-0440 f. 519-673-0442 [email protected]
Vice-President Erin Rankin Nash t. 519-963-0162 x6 f. 519-963-0159 [email protected]
Treasurer Robert Ledgley t. 519-640-6351 f. 519-932-3351 [email protected]
Assistant Treasurer Karen Hulan t. 519-673-4944 f. 519-432-1660 [email protected]
Past President, Sick & VisitingLawrence Blokker t. 519-657-8985 f. 519-657-7286 [email protected]
SecretaryNicola Circelli t. 519-601-9977 [email protected]
LibraryJake Aitcheson - Chair t. 519-640-6396 f. 519-932-3396 [email protected]
Ayren Brown t. 519-673-1100 f. 519-679-6108 [email protected]
NewsletterKaren Hulan t. 519-673-4944 f. 519-432-1660 [email protected]
Cynthia Simpson t. 519-679-7046 f. 519-672-5917 [email protected]
Shabira Tamachi t. 519-679-7046 f. 519-672-5917 [email protected]
Toll-free: 866-556-5570
AdministrationJennifer Wall - Chair t. 519-679-9660 f. 519-667-3362 [email protected]
Kelly Nenniger t. 519-672-3535 f. 519-672-3565 [email protected]
Marshall Mayne t. 519-432-0632 f. 519-432-0634 [email protected]
EntertainmentCarolynn Conron - Chair t. 519-673-1881 f. 519-673-0996 [email protected]
Kevin Wilbee t. 519-673-1670 f. 519-439-5011 [email protected]
Nicola Circelli t. 519-601-9977 [email protected]
WebsiteChristina Martin - Chair t. 519-672-2121 f. 519-672-6065 [email protected]
Jake Aitcheson t. 519-640-6396 f. 519-932-3396 [email protected]
Kelly Nenniger t. 519-672-3535 f. 519-672-3565 [email protected]
CPDJacqueline Fortner - Chair t. 519-640-6322 f. 519-932-3322 [email protected]
Jennifer Butkus t. 519-661-6768 f. 519-667-3362 [email protected]
Director of CPDPaula Puddy t. 519-434-1901 f. 519-681-8523 [email protected] CPD cell 519-868-6771
Bench & BarKaren Hulan - Chair t. 519-673-4944 f. 519-432-1660 [email protected]
Anna Szczurko t. 519-660-7784 f. 519-672-6065 [email protected]
MentoringJennifer Butkus - Chair t. 519-661-6768 f. 519-667-3362 [email protected]
Anna Szczurko t. 519-660-7784 f. 519-672-6065 [email protected]
ScholarshipLawrence Blokker t. 519-657-8985 f. 519-657-7286 [email protected]
Opening of the CourtsLawrence Blokker t. 519-657-8985 f. 519-657-7286 [email protected]
Committee: Jennifer Wall, Christina Martin, Karen Hulan, Jacqueline Fortner, Anna Szczurko, Ayren Brown, Joel Belisle