Canadian Lawyer

July 2014

The most widely read magazine for Canadian lawyers

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30 J u l y 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m says Tremblay. "If you face tough moments, there's a way out. You could say, 'Let's have the courage to face it. Let's correct what is wrong and look into the future.'" A partnership retreat the first week- end of February was a chance for a last- ditch attempt to keep the firm together, but instead became a "bittersweet" gathering. One observer says by then too many law- yers had left and there was no commitment on the part of those still around to bite the bullet and take the one or two years of short-term pain to get through it. Gall adds, "In the two weeks before the vote, everybody knew we were dissolving. The vote was a formality." Firm dissolves A n e-mail from Bacal to former partner Thomas Cotter — which was filed in litigation Cotter brought against the firm for repayment of his capital loan — provides insight into the end. Cotter wrote Feb. 3, 2014, to demand his unpaid capital or he would sue. On Feb. 5, Bacal responded at 5:10 p.m., advising "five minutes ago the partners of the firm have voted to wind up the firm. . . . Really too bad that it has come to this. Unfortunately too many partners, like yourself, decided they preferred other platforms." Following the dissolution vote, law- yers began to move en masse. In terms of Toronto, discussions were opened with DLA Piper for a group of lawyers to become its Canadian operation. DLA had long been looking for a Canadian partner and according to a 2011 report in The Lawyer had been in talks with Heenan. When those DLA discussions began is a point of contention. A Globe and Mail report cited them taking place before the vote to dissolve, which if the firm was trying to restructure as partners were reportedly willing to do in December, would have simply been another blow to the eroding trust between the Toronto and Montreal offices. If Toronto bolt- ed, then Montreal and the other offices would be left holding the liabilities. Some claim that's what led to the Montreal departures of key lawyers in late 2012 and early 2013. However, Toronto lawyers insist the DLA talks didn't take place until it was clear Heenan was not going to survive and only got serious after the dissolu- tion vote. After discussing numbers, DLA wasn't interested, prompting one lawyer to suggest the Toronto group was naïve in its DLA dealings. What's next? A t press time, people were wait- ing for the other shoe to drop. A liquidation committee, headed by Vancouver partner John Legge, was appointed to oversee the "orderly wind- up" of the firm. Restructuring expert Bill Aziz was hired to help with the dissolution. Calls to Aziz and Legge brought either a no comment or were not returned. Two Alberta lawsuits from former partners Cotter and Jim Pasieka provide a glimpse into potential issues going for- ward. Cotter claims $299,000 and Pasieka $700,000 for return of capital. After resigning Aug. 1, 2013, they negotiated an For more than a century, Black's Law Dictionary® has been the gold standard for the language of law. Today it's the most widely cited law book in the world. Edited by Bryan A. Garner, the 10th Edition is the most comprehensive law dictionary ever published. It contains more than 50,000 terms. New in This Edition • More than 8,500 terms new to this edition, including affluenza defense, bioweapon, cryptanalysis, gazump, hacker, legaldygook, intrapreneur, mommy track, one-bite rule, psephology, unperson, and zero-tolerance law • 16,000 new definitions and expanded bibliographc coverage, with more than twice as many sources quoted and cited than in the 9th Edition • Earliest usage dates in English-Language contexts for nearly all terms (Black's is the only legal dictionary with this feature) • Trusted authority – every term has been reviewed for accuracy by attorneys across the country • Definitions of more than 1,000 law- related abbreviations and acronyms • Pronunciation guidance • Thoroughly reviewed and edited Lain maxims, with 900 new maxims added New Edition Black's Law Dictionary, 10th Edition Byran A. Garner, Editor in Chief The gold standard for the language of law Order # L314-613004-65203 $81.95 USD Jurisdiction: USA Hardcover May 2014 West (U.S.A.) Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. 00219CE-A43697 Available risk- free for 30 days Order online: www.carswell.com Call toll-free: 1-800-387-5164 In Toronto: 416-609-3800

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