Canadian Lawyer

Groia appealing finding of professional misconduct C law that urgently requires correction," Joe Groia filed his notice of appeal in late July of the Law Society of Upper Canada's civility ruling against him. Groia wants the June 28 finding of alling one aspect of the disci- plinary decision against him "an absurd result" and "an error of ruling, Groia counters the law society's assertions that he was attempting to reliti- gate allegations made against him during those earlier court proceedings by trying to defend himself against the charges of professional misconduct. The hearing panel, the notice of application asserts, acknowledged that Groia wasn't actually a party to those earlier court proceedings since they related to Felderhof ' Among his criticisms of the LSUC to be set aside. a new and unprecedented legal fiction of a 'party in substance. concluded that the lawyer, as a 'party in substance, ' In effect, the panel professional misconduct against him in relation to his defence of former Bre-X Minerals Ltd. vice chairman John Felderhof issues that had been before the courts by defending himself in these proceedings. This conclusion resulted in the failure of the panel to consider and give effect to the defence mounted by the lawyer and was a failure of natural justice. ' was abusively relitigating the the panel assumed Groia had the right to appeal the court rulings at the Supreme Court of Canada and he should have done so even though it would have placed him in a conflict of interest with his client. "This is an absurd result and is an error of law that urgently requires correction." Among other criticisms, the notice As a result, the appeal notice claims, " panel, he alleges, "made a serious error of law by creating a new and unprecedented basis for its finding that there would be an abuse of process if the lawyer was permitted to defend the allegations in this proceeding. s trial. The The appeal notice claims: "It created " PRAIRIES LAWYERS DIVERSIFYING INTO FOOD PROCESSING VENTURE long-established lawyers — one of their specialties is medical malpractice — they have also become full partners, with agronomist Kelly Beaulieu, in a new food-processing venture. Currently based at the Food Develop- ment Centre in Portage La Prairie, Man., M artin Pollock and his father Harvey are juggling two careers these days. Both Canadian Prairie Garden Puree Products Inc. has a patented process for pureeing a wide variety of vegetables and berries — largely grown in the Portage La Prairie area. The finished product, packaged in aseptic containers of different sizes, has a shelf life of up to two years without need- ing refrigeration. There are no additives, notes Martin Continued on page 10 in defending their clients. Groia empha- sized the need to vigorously defend his client and argued the law society mat- ter would send a chill over lawyers on how to handle their cases. The discipline panel, however, saw the issue differently. Panel chairman Tom Conway rejected Groia' ous advocacy, writing that, "when lawyers observe the rules governing professional conduct, civility enhances, rather than detracts from, a more efficient justice sys- tem, prevents unfair outcomes, and pro- motes greater access to justice for accused persons." Brent Cotter, a professor and former s notion about compromising vigor- dean of the College of Law at the University of Saskatchewan, doesn't believe the case against Groia was strong, noting the trial judge did not feel the need to address Groia' alleges deficiencies in the way law society staff handled the case and takes several shots at the hearing panel. After the LSUC's findings, Groia's counsel Earl Cherniak said Groia was "very disappointed" with the decision and "remains of the view that his conduct of the Felderhof trial and the events leading up to it was justified and necessary. The case sparked great debate among the bar about putting limits on lawyers " s behaviour with sanctions. — GLENN KAUTH glenn.kauth@thomsonreuters.com News Feed Public Policy Impact … We are very proud to announce that Lerners was recognized with a "Public Policy Impact" award by the Marketing Research and Intelligence Association, at their Gala Awards dinner in St. John's Newfoundland. lerners.ca/news:200 Elizabeth Grace sexual abuse lawyer, was invited to address lawyers from the Crown Law Of ce – Civil, Ministry of the Attorney General on July 11, discussing the representation of vulnerable clients, speci cally, abuse claimants. e lerners.ca/news:197 HELP US GIVE MORE (FACEBOOK) Visit our charity Facebook page and we'll donate $1 for every "Like" to the highlighted charity up to a maximum of $2,500 per month. This month is Single Women in Motherhood, London, Ontario www.facebook.com/LernersLLP www.lerners.ca otherhood www.CANADIAN Lawyermag.com A U GUST 2012 9 erners_CL_Aug_12.indd 1 12-07-16 10:32 AM

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