Canadian Lawyer

October 2008

The most widely read magazine for Canadian lawyers

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Presented by REGIONAL WRAP-UP "Despite the fact that he participated in Upcoming Conferences E-DISCOVERY Les 1 et 2 octobre 2008 | Montréal COMMERCIAL INSOLVENCY October 17, 2008 | Toronto November 5, 2008 | Vancouver MAJOR BUSINESS AGREEMENTS October 27 – 28, 2008 | Chicago ABORIGINAL LAW October 29 – 30, 2008 | Toronto November 17 – 18, 2008 | Halifax CORPORATE IMMIGRATION November 6 – 7, 2008 | Calgary INTERNET LAW November 13 – 14, 2008 | Vancouver CANADIAN LAW AND TECHNOLOGY FORUM November 17 – 18, 2008 | Toronto CANADIAN SECURITIES REGULATION COURSE November 24 – 25, 2008 | Toronto ABORIGINAL LAND AND RESOURCE MANAGEMENT November 27 – 28, 2008 | Vancouver ANTI-CORRUPTION CORPORATE COMPLIANCE December 11 – 12, 2008 | Toronto Media Partner the CIRB's decision-making process, Paul Lordon is now willing to accept money from the Air Canada Pilots Association to try to reopen a dispute that the CIRB and the courts have repeatedly said should be over," said Captain Rob McInnis, chair- man of the ALPA merger committee. "It is distressing and astonishing, that a former senior public servant and lawyer should place himself in such an egregious conflict of interest by accepting a retainer to advise one party on whether a seniority list arbi- trated under a protocol he approved is in accordance with a ruling he made as chair of the CIRB." McInnis' anger comes in the wake of a Key McKnight merging with McInnes Cooper merger means seven Key McKnight lawyers will become part of McInnes Cooper, bringing the firm's lawyer count to 208 across the region. The firm will now have a total of 13 law- yers representing clients across P.E.I., including six in Charlottetown. "This merger will mean a stron- S ger presence in P.E.I., and will great- ly benefit clients at both firms," says Bernie Miller, McInnes Cooper's CEO and managing partner. The merger, announced on Sept. 4, takes effect Oct. 1. Derek Key, founding partner of Key McKnight, says, "The name on the door will change, and that will signal only great opportunities for everyone." The office of the Summerside firm ENROLL TODAY! 1 888 777-1707 www.insightinfo.com was abuzz the day of the announce- ment, with its lawyers "taking it all in," said Key McKnight associate Jeffery Cormier. "We know McIn- nis Cooper very well, and everyone seems really quite excited about the opportunities that lie ahead, both for clients and for ourselves profes- sionally." — GAIL J. COHEN gcohen@clbmedia.ca ntitled-7 1 12 OC T OBER 2008 www. C ANADIAN Law ye rmag.com 8/28/08 1:05:04 PM ummerside, P.E.I.-based Key McKnight & Maynard is joining forces with McInnes Cooper. The report from a mediation panel set up by the Air Canada Pilots Association and helmed by Lordon. It recommends the protocol should be changed to benefit both sides of the dispute. (Many Air Can- ada pilots claim they lost seniority in fa- vour of former Canadian Airlines pilots.) Lordon's involvement in the panel violates the New Brunswick law society's Code of Ethics, claims the ALPA. That code states a lawyer "shall not represent any person in the same or in a related matter with which the lawyer has been concerned while holding public office," and that a lawyer "shall not advise any person upon a ruling of an official body of which the lawyer is or was a member at the time the ruling was made." The association hired Roy McMurtry, former chief justice of Ontario, to provide a legal opinion on Lordon's retainer. "Mr. McMurtry advised us that it is his opinion that the retainer of Mr. Lordon by ACPA creates 'a reasonable apprehension of a conflict of interest' and that Mr. Lordon ought to withdraw from the retainer," said McInnis. Indeed, it appears the conflict of interest cloud extends beyond New Bruns- wick. "No lawyer who happens to be a for- mer judge or former tribunal member is permitted to act in such a fashion by pro- fessional codes of conduct across Canada, and also by the federal Conflict of Inter- est Act applicable to former public office holders in the opinion of Mr. McMurtry," McInnis told Canadian Lawyer. With all engines engaged, the legal com- munity is now looking to the law society for a decision. That decision will certainly leave one party grounded. — DONALEE MOULTON donalee@quantumcommunications.ca CORRECTION: In the article "Cheap real estate comes with strings" in the September 2008 issue of Canadian Lawyer, Mary Anne Bueschkens was incorrectly paraphrased as say- ing that, until 2005, Canadians purchasing U.S. real property could avoid U.S. estate tax when they passed away through owning shares of a U.S. company rather than the property. In fact, it is through ownership of shares in a Canadian company rather than the U.S. property that Canadians could avoid U.S. estate tax. Canadian Lawyer apologizes for the error

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