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