durlaw voice - Durham Region Law Association
Transcription
durlaw voice - Durham Region Law Association
DURLAW VOICE Spring 2015 Volume I Issue IV ~ From your President ~ Deborah Hastings It is my pleasure to write to you with a massive thank you for continuing to support our energetic and wonderful community. As our number of members has risen over the course of one year to more than 100 new members we, as your association, continue to work with your best interests in mind. Our Mentorship Committee has taken off quite successfully and we thank all those that have stepped forward to assist our new calls and new lawyers. Our Education Committee continues to work toward offering the best CPD choices that serve our lawyers. Our Benefits Committee is in the process of negotiating a package that best suits our needs. Our Social Media Committee has put us on the world map of the 21st century libraries along with our twitter, linked in and new website. Our Finance Committee has seen the purchase of two new computers and an island for your convenience. Thank you to all those in attendance at our AGM. It was a huge success with Dr. M. Patel as our guest speaker. We hope to see you next at the Golf Tournament on Thursday, June 18th, 2015. On behalf of all the Board Members, we thank you. Until the next Durlaw edition, have a great summer ahead. Editor: Kelly Aitchison Barrister & Solicitor Design: Jennie Clarke Law Librarian It is the spirit and not the form of law that keeps justice alive. ~Earl Warren ~ Page 2 Durham Region Law Association CHAINED IN THE REGISTRY OFFICE ~ Nigel Schilling~ For the real newbies, the Registry Office (RO) was the forerunner of the land Titles Office. We had no such thing as electronic registration when I was introduced to a law office. I had decided that I wanted to become a lawyer by the time I entered High School. Fortunately, my father's lawyer, Terrence M. Moore (Terry), was also a family friend, and I was able to get a summer job working in his office when I was 15, back in 1958. The main work for a lawyer in a County Town such as Whitby at that time was Real Estate and Terry set me to work learning to search titles. At that time, almost all titles in the County were in the Registry system, although Land Titles was making an intrusion on the western boundary. The records were kept in books, largely in long hand, in the RO located next to the Court House and County Offices on Centre Street South in Whitby (now the Centennial Building). My main teacher at the RO was Mrs. Rita Lawson, mother of the late William G. Lawson of Lawson and Clark in Pickering Village. Mrs. Lawson introduced me to the particular lined sheets of paper that title searchers used to record their work on the titles that they searched. I used those sheets. Mrs. Lawson used a straight pen and green ink to make her entries. I chose a ball point (yes, they existed back then, but they had a bad habit of leaking, so most of us geeks had a plastic pocket protector in our shirt's breast pocket). At the RO, we would fill out a requisition slip for the abstract book that contained the history for the title we were searching. This could be a lot, or part thereof, in a concession in the particular community or a lot on a registered plan of subdivision. Using the RO abstract books, we would make a list of all the documents that were relevant to the title that we were searching. We would present that list to the RO staff who would retrieve them from the archives. Often the particular abstract book or some of the documents had already been requisitioned by some other title searcher and we then had to circulate through the title searchers at the RO to find what we were looking for. We had to go back at least 40 years to establish a chain of title that was valid. If the property was a lot on a new plan of subdivision less than 40 years old, we had to go behind the plan to get back to 40 years. Of course, once you had gone back behind a particular plan, you kept that part of the search for future searches of property on the same plan. Durham Region Law Association Page 3 We checked every document to make sure that the recitals were supported, that dower (that was the only property claim that wives had back in the day) was released, that, in the case of estates, Succession and Estate Taxes had been satisfied, etc., etc., etc., and we then made appropriate annotations of our findings on our search paper that the solicitor would review. BUT the main task was plotting the description of the property being conveyed or mortgaged and that brings me to the title of this piece. I can remember spending three or four days searching a particular title, largely because of the plotting, but that is not the reason for the title. In the Registry system, unless on a registered plan of subdivision, property descriptions were by metes and bounds (look that up in your Funk and Wagnells). In the late 1700's and early 1800's, the County had been surveyed and divided up into a grid pattern of Concessions, side roads and road allowances. The surveyors employed a chain gang (not the type used in the penal system in Georgia) to measure distance. The units of measurement used were chains and links. A chain was the equivalent of 66 feet and a link was one one-hundredth of a chain. Occasionally, we would run into a furlong, not Al Furlong. A furlong was 10 chains. We had to convert them into feet and inches. Then using those measurements, we had to plot the boundaries of the parcel being described to ensure that the parcel was enclosed, i.e.. that you started at a point of commencement (POC) and following the directions and distances you ended up back at the POC. Directions were given by reference to a compass bearing, e.g.. North 16 degrees East being in a northerly direction 16 degrees east of directly north. To do this I utilized a protractor which I had acquired in math class. To complicate matters, the POC might be described as being a nail driven into a tree standing at the southwest corner of the particular parcel where the Lynde Creek crosses the Fifth Concession. Over the years, the tree might have fallen down or the Creek change its course, so that a new survey of the property might be very difficult to reconcile with the former description. Also, you can imagine how inaccurate the initial survey might have been given that it was undertaken by men with a chain trying to measure up hill and down dale in the mosquito infested woods of much of the county. In consequence, we relied a lot on Declarations of Possession. On a hot summer's day, stuck in the RO which had no air-conditioning, in the middle of a mind numbing multi-day search, a cold beer in a public place clearly out of the question, I might have occasionally preferred to be on a Georgia style chain gang. Nigel Schilling practices in Whitby, Ontario Law: the only game where the best players get to sit on the bench. ~ Author Unknown ~ Durham Region Law Association Page 4 Honouring Vahe Ohanessian ~ David Hodson ~ In January 2012, Vahe Ohanessian and I prepared for deployment to the Middle East. Upon completion of our training, Vahe deployed almost immediately to Jerusalem, working with the United States Security Coordinator, and I deployed to Afghanistan later in the year. Although our missions were very different, we both had the honour and privilege to serve with American and other international soldiers.The United States military takes the awarding of medals and other decorations very seriously, especially when honouring military personnel from other countries. Similarly, Canada is usually very reluctant to allow her soldiers, sailors and airmen to accept, let alone wear foreign awards. Accordingly, vis-a-vis the acceptance and wearing of foreign medals, Canada only approves exceptional individuals and service. On October 22, 2014 Vahe Ohanessian became one of these individuals when he received A medal. The President of the United States of America … awarded The Meritorious Service Medal to Major Vahe Ohanessian “FOR exceptionally meritorious service and invaluable contribution to the United States Security Coordinator’s success. His efforts in transforming the security justice sector set the conditions for positive change across the Palestinian Authority Security justice system. Major Ohanessian’s distinctive accomplishments reflect great credit upon himself, the United States Security Coordinator for Israel and the Palestinian Authority, and the Canadian Armed Forces”. Vahe will now wear three medals on his chest. Without elaborating upon Palestinian history, it is worth noting that Hamas is the dominant force in Gaza, and was responsible for the recent violence with Israel. The Palestinian Authority controls the West Bank and has clashed with Hamas in the past. Regardless, should the Palestinian Authority become involved in a brokered cessation of hostilities between Hamas and Israel, Major Ohanessian’s work will, without a doubt, contribute to the safety and security of all Israeli and Palestinian civilians. Accordingly, The Meritorious Service Medal awarded to Vahe is an honour that all lawyers can be proud of. Vahe Ohanessian practices in Oshawa, ON David Hodson practices in Lindsay, ON Durham Region Law Association Page 5 Law Times ~ Andrew Elrick ~ I read, with interest, Rob Zochodne’s very good piece in the last newsletter about how time passes and things change in this trade. (I say I read it with interest because I had in mind a piece with the same theme, so somehow Rob managed an anticipatory rip-off. No hard feelings, Rob.) Because it seems to me we have a lot of trappings of the past in this line of work: the duds, the terminology, Ron Hayward…. and in my humble opinion, this isn’t all a bad thing. Well, Ron maybe, but I digress. I’m sure we’ve all noticed how technology has changed the practice of law just in the last few years. One of my first tasks after I was called to the bar was to fly up to Kirkland Lake to woodshed a gaggle of witnesses for an upcoming trial in Haileybury 1. Because I uncovered a few new witnesses, I had to bring carbon paper 2 so we had a copy of each new summons I served. I also carried a Cincinnati roll 3 of cash for conduct money. When my then-boss and I went to actually run the trial, I had scotch-taped quarters to the inside flap of my briefcase in case I had to feed the public payphone. That proved unnecessary because we brought along some brand-spanking-new technology: a “cellular telephone.” Even though it weighed six pounds and was twice the size of my foot, it attracted the sorts of stares from the locals that Mr. Haney and the other residents of Hooterville saved for Eddie Albert and Eva Gabor. And that brings me to the actual theme of this piece: The legal generation gap. Because I suspect to the extent our younger colleagues care – let’s face it, most of them stopped reading this after the third sentence, but if you haven’t, send me a bottle of scotch 4 – they had no idea what that Hooterville reference meant. (And no, it’s not the same “Hooterville” you get if you hit the favourites bar on Jamie Bruce’s computer.) And it’s not just nostalgia as this gig goes on. I don’t consider myself “senior counsel,” but I do sign my letters with a fountain pen. Of course it’s pretentious, but so is Starbucks and you don’t take it out on the barista. And it’s not as if you can “mail” things any more. Everything has to go by fax or e-mail because the notice of examination for next January’s discovery, absolutely, positively has to get there overnight. Even if you do mail it, with the cost of postage now, the envelope has more stamps than Bernie O’Brien’s passport. _________________________________________ 1 Easily located on a map, right around the “D” where it says “Here be Dragons” 2 Like hitting <Ctrl C> but if you sniffed enough of it (I’m told) you could chase said dragon. 3 The city’s only claim to fame other than Icky Woods. 4 Please do not mark “Fra-gi-le” or I’ll think it’s Italian. Page 6 Law Times ~ Andrew Elrick ~ There’s even talk of law offices going paperless. Pardon? I’m supposed to do everything on my computer? Within six weeks the screen will be covered with highlighter ink and liquid paper. (Another reference these kids today won’t get, nor will they know it was invented by the mom of one of the Monkees.) And without paper, where are the margins where I can doodle Bill the Cat, or write “Yikes” when my client says something daft during his discovery? Call me a Luddite, but I find this digital law stuff frustrating. Not like wanting to throttle R.J. Ford frustrating, but pretty darn frustrating all the same. These kids today wouldn’t understand why I keep a “Magic 8 ball” by my desk for clients who ask me if we’ll win the case. (Before that, I tried using a ouija board to foretell the future, but accidentally got a squeegee board instead: I could still contact plenty of spirits, but they all had piercings and mangy dogs.) I guess it’s inevitable that time keeps on slippin’, slippin’, slippin’. Next thing you know, Craig will be telling the courtroom “It’s Mack, like the truck, Your Honour….” P.S. No piece about Luddites would be complete without referencing our recently-passed friend and colleague, Michael Boland. I first had the pleasure of meeting Michael, an unabashedly idiosyncratic Tom Wolfe-type, when we suffered together through a three-week trial by Judge alone in Toronto many years ago. After several months with still no judgment, Michael called me and said he would send the judge a “gentle reminder”, copied to me and opposing counsel, of course. I naturally expected a nudge, kindly offering to assist the Judge if we could add anything further etc etc. But true to Michael’s eccentricities, a fax promptly arrived on my desk, addressed to Her Honour, which simply read “The natives are getting restless.” RIP. Andrew Elrick practices in Oshawa, ON. Durham Region Law Association Page 7 The Law Society and You ~ Robert Zochodne~ No, this is not an article about you, Elrick. Rather, this is a brief muse about our Law Society and the love/hate (mostly hate) relationship that most lawyers have with it. We shouldn’t be surprised that things move slowly at the Law Society should we? After all, they are named the Law Society of Upper Canada. That’s right, Upper Canada. Ontario hasn’t been called that since 1840, but nonetheless, the Law Society hasn’t quite let go of the name. I’m surprised it isn’t called the Law Society of Rupert Land. During my years with CDLPA (County and Districts’ Law Presidents Association) I had many occasions to meet and work with LSUC (don’t you love that acronym?). Some within LSUC were pleasant, others not so much. One thing is clear. It is a large bureaucracy managed by very capable people, being led by a group of persons with agendas as different as you might expect from a group of 40 lawyer Benchers (or any 40 lawyers for that matter). It is wheels within wheels within wheels. It is a riddle, wrapped in a mystery, inside an enigma in the suit pocket of Winston Churchill (not bad eh?). What is clear, though, is that the Durham Region Bar has been on the outside of this merriment for several decades. Unfortunately, the last Bencher to come from Durham Region was Bruce Affleck and that was more than 25 years ago. I was saddened that not one member of the Durham Region Law Association decided to run. It is emblematic of what remains a very serious problem in our region. Apathy. It was the case t20 years ago, and continues today. Why? I’ve asked myself that question many times. Is it the size of the Bar? The proximity to Toronto? The lack of big firms (that is another question all on its own)? I spent many years on DRLA, with CDLPA and then the Advocates’ Society after that, so I consider myself capable of lecturing on this topic, I think. Let’s step forward people and get involved. The Law Society will carry on without input from us. It is up to us to ensure that we run LSUC, not the other way around. My two cents worth. Robert Zochodne practices in Oshawa, ON Page 8 In Court, Must a “Private” Facebook Page Stay Private? ~ Russell Alexander ~ In a recent Nova Scotia case called Conrod v. Caverley, the court considered an evidentiary question of modern-day importance: Can a court order a plaintiff to disclose his or her “private” Facebook page? The plaintiff had sued the defendant in connection with a motor vehicle collision, claiming that the injuries she suffered had left her with severe neck, back, arm and leg pain. Since the accident she had been unable to return to work; she claimed a loss of enjoyment of life, including an inability to fully participate in social and recreational activities. She also complained of impaired concentration, which affected her ability to spend time surfing the internet. In response to these claims, the defendant went to court to ask for an order requiring the plaintiff to produce a full, printed copy of her Facebook profile, including the information and photographs that – due to her privacy settings – were only visible to her “friends”. He also asked for a printed copy of her Facebook usage history, including her login/ logout information. He claimed that this information was relevant to her damages claim relating to loss of enjoyment of life, as well as her complaint that she could not concentrate or participate socially to the extent she had done before the accident. In making its decision, the court relied heavily on two prior Ontario cases in which the same issue was raised, also in connection with motor vehicle accidents. In Leduc v. Roman, the defence had asked for an order allowing it to see the plaintiff’s entire Facebook profile, including the information and photographs that had been set as private. Ultimately, the court declined, finding that it was merely speculative that – given the nature of Facebook – the contents of a “typical” private Facebook profile would likely include material relevant to the litigation. Rather (and as with all types of evidence), the plaintiff could be crossexamined in the usual fashion on what potentially-relevant content might be contained there. In making this ruling, the court in Leduc relied on the reasoning in an earlier similar decision, Murphy v. Perger, which also involved a request for access to the private portion of a plaintiff’s Facebook profile. In that case, the judge had outlined the following principles governing Facebook information sought to be used in accident litigation: Durham Region Law Association Page 9 In making this ruling, the court in Leduc relied on the reasoning in an earlier similar decision, Murphy v. Perger, which also involved a request for access to the private portion of a plaintiff’s Facebook profile. In that case, the judge had outlined the following principles governing Facebook information sought to be used in accident litigation: It is reasonable for a court to infer that, given its social-networking nature, Facebook contains some content that is relevant to the issue of how the injured plaintiff has been able to lead his or her life since the accident. Where the party sets their entire profile to “private” (so that the public page consists only of name and possibly photo), then a court can infer – given the social networking purpose of Facebook – that users make personal information available and photos available to others. Where a party to litigation has both a “private” and “public” profile, it is also reasonable to infer that the content of both profiles will likely be similar. In the right circumstances, a court is therefore entitled to order that the private profile be produced. Returning to the Nova Scotia case, the court applied those principles to the facts at hand: Looking specifically at the plaintiff’s public Facebook page, the court declined to jump to the conclusion that it necessarily contained information relevant to her litigation claim. Nor could it conclude based on that same publicly-accessible information that the contents of her private page would likely be relevant and should be ordered produced. On the other hand, the court did order that the plaintiff’s log of internet usage with respect to her Facebook account be produced; that information was directly relevant to her claim that the accident injuries had affected her ability to concentrate, and was therefore relevant. Full text Cites: Conrod v. Caverley, 2014 NSSC 35 (CanLII) Leduc v. Roman, [2009] O.J. No. 681; 2009 CanLII 6838 (S.C.J.) Murphy v. Perger, [2007] O.J. No. 5511 (S.C.J.) Russell Alexander has a law office in Brooklin, ON Page 10 Minority Shareholders: what happens if there is no shareholder agreement ? ~ Doug Turner ~ Small companies are often in effect partnerships with just a few shareholders. There is usually not a shareholder agreement. The procedure for the withdrawal of one of the shareholders is expensive and painful if there is no shareholder agreement. The Oppression Remedy: The most effective route for a minority shareholder is to bring an application under the Oppression Remedy section of the Ontario Business Corporations Act (the federal act has similar provisions): Section 248 OBCA: 248. (1) A complainant … may apply to the court for an order under this section. … (3) In connection with an application under this section, the court may make any interim or final order it thinks fit including, without limiting the generality of the foregoing, …. (f) an order directing a corporation … or any other person, to purchase securities of a security holder… And it is only the interest of the complainant as shareholder that is protected by section 248: (Naneff v. Con-Crete Holdings, 1995 CanLII 959 at 9, 10 and Proulx v. 2006550 15 BLR (4th) 72 Ont. SCJ ; 25 RFL (6th) 149) The leading Ontario case is a decision of the Ontario Court of Appeal : Naneff v. Con-Crete Holdings, 1995 supra (and there have been a number of cases since then). Majority shareholder right: While the section should also apply to a majority shareholder who wants to get rid of an annoying minority shareholder, in one recent case the court was unhappy and would not use the section. While there were other reasons (a litany of complaints against the majority shareholder) the motions judge did not really deal with the legal issue of the use of section 248 by a majority shareholder. Because of the wording of the section and the case law – particularly that the section cannot be used to try and collect on an aggrieved shareholder’s “wish list” (see below) this case is of limited use and may not be correct. Men fight for freedom, then they begin to accumulate laws to take it away from themselves. ~Author Unknown ~ Durham Region Law Association Page 11 There are limits on the use of section 248 by a minority shareholder buy-out claimant: 1. The judicial remedy must not imperil the corporation and must minimize intrusion. Naneff v. Con-Crete Holdings, supra, at 11, including citation from Farley J. in 820099 Ontario v. Ballard. (Farley J is of course not only the father of the Toronto Commercial Court but also the author of several section 248 decisions.) 2. The Court will not be “technical” but will try and honour the “reasonable expectations” of the complainant, and will not fulfill any “ wish list” of the complainant. Naneff, supra at 8, 10, including citation of Lord Wilberforce in Ibrahhimi v. Westbourne. The Remedy: The remedy under section 248 is for the court to order a valuation and a purchase of the complainant’s shares, and usually without a minority discount. The buyer can be the company or the surviving shareholder. Naneff, supra at 13; Proulx v. 2006550 Ontario supra, at 12; Buttarazzi Estate v. Bertolo (2004), 40 BLR (3d) 287 The time for the valuation for the purchase of the shares is at the commencement of the action: Naneff v. con-Crete supra, at 13, 14 Proulx v. 2006550 Ontario supra, at 12 Ford v. Omers 2006 79 OR (3D) 81; [2006] OJ no. 27 [at para 174] This is the only logical time, as the value of the company could fluctuate. Hopefully, as trial judges wake up to more judicial resolutions without a trial, (i. e. a trial is no longer the gold standard) - which the Supreme Court has clearly stated in Hryniak v. Mauldin 2014 SCC 7 – there will be a quick resolution to shareholder disputes based on affidavit evidence of valuation. A review of the case law shows that the defendant majority shareholder usually pleads nolo contendere to the oppression issue, and pays off the minority based on the valuation. The unfortunate and expensive part of the procedure is the valuation requirement. This can take six months or more and cost up to forty thousand dollars. It is usually the company that foots the bill, which means the surviving majority shareholder. These costs should be a powerful incentive for settlement. Or even for making a reasonable offer to the unhappy shareholder right at the beginning. Doug Turner practices in Uxbridge, ON Page 12 Oshawa Lawyer Contributed to the Rule of Law in Afghanistan ~ A.S. Massoud ~ Day-to-day life changed radically for David Hodson, a small-town criminal defence lawyer and military reservist, when on August 06, 2012 he left the comforts of his Ontario home along with an established law practice to start preparing for NATO Training Mission-Afghanista. NTM-A was a transnational military organization created to provide upper-level training to the Afghan National Army. He embarked on the mission several weeks later, returning safely in June 2013. Working with the International Security Assistance Force, and as part of Operation Enduring Freedom, Major Hodson joined 68000 American soldiers in the effort to stabilize Afghanistan. Specifically, he was embedded with U.S. Army personnel, U.S. Marines and private military contractors. His team included a retired US protective services agent, a criminal investigator employed as a private contractor, two American JAG officers and a civilian. His Quick Reaction Force was the 4th Alabama of civil war fame. Maj. Hodson embraced the opportunity to serve his country by lending his legal and military expertise to the Afghan army and military courts. Although he volunteered for the role of legal mentor, the security situation deteriorated such that he spent most of his time as a Guardian Angel, Convoy Commander, Truck Commander or driver. Regardless, Maj. Hodson assisted in developing the rule of law designed to protect Afghan people, neutralize insurgent threats and foster credible governance. “I worked long hours, up to eighteen hours a day, within a high threat environment. Living with an insurgency is very stressful and I cannot imagine what the people of Afghanistan lived through for the past thirty years”, said Maj. Hodson. Full-body protection was essential. Before Maj. Hodson traveled to meet with Afghan officials, judges or military staff, he put on his “battle rattle” of body armour, a tactical vest and other protective gear. “I always had an armed guardian to protect me when I wasn’t a Guardian Angel for others,” he said. Round-the-clock teamwork was also crucial. While Maj. Hodson was accustomed to working long hours alone, the rule of thumb in Kabul or on a mission was that one never moved without a partner. At that, Maj. Hodson remembered the four “P’s” he practiced daily: polite, professional, patient and prepared—prepared to take immediate military action should ever the need arise. Durham Region Law Association Page 13 Maj. Hodson did enjoy certain perks on the job. “Regularly we dined with members of the Afghan Bench (the judges) and military lawyers. Unlike meeting with Canadian judges, tea, cakes and fruits were always served.” However, battle rattle was never removed and weapons remained readied should the situation deteriorate. Maj. Hodson observed that justice was informal, yet lightening quick, in Afghanistan. But due to a criminal and penal code in place, combined with a strong Constitution, “there were and are solid foundations to develop the rule of law”, he says. Fifteen years’ experience in criminal law enabled Maj. Hodson to easily transition into his legal advisor role, when not engaged in a tactical capacity. “Both [roles] require an understanding of people and interpersonal dynamics. Knowing the behavioural nuances of witnesses in a Canadian trial is no different than observing nuances to determine if someone is a threat,” he said. What particularly helped Maj. Hodson adjust was preparedness for the scene. “Work there was exactly what I expected. War and insurgencies are, unfortunately, far too common. I had prepared for the mission for years through work as an infantryman and armoured reconnaissance officer. As well, while representing Canadian Forces members at court martial, I developed an appreciation for the complexities of military justice”, he said. Maj. Hodson admits the experience has transformed him. “I cherish the little things in life and each day is a blessing. I do not take anything for granted. My love for my wife is deeper and I’m grateful for everything about her. However, the despair among the children I interacted with saddens me. The images of poverty and desolation are heart-wrenching., and will forever be etched in my mind,” he said. Despite the dangers, the sadness and the constant reflections of home, Maj. Hodson believes that he was right where he belonged. “I loved the work and being on mission, and now that I’m back, I miss it every day,” he recently said. David Hodson practices in Lindsay and Oshawa, ON. A.S. Massoud is a freelance writer It’s hard to beat a person who never gives up! ~ Babe Ruth ~ A HUGE CONGRATULATIONS Trevor and Melinda Winter welcome the birth of Tristan William Richard Winter brother of Kinsley Elizabeth Debbie Winter – June 3rd 2012 – 5 lbs 2 oz, 12:38pm born at Oshawa, ON. Trevor Winter is an associate at Kitchen, Simeson, Belliveau, LLP. Brad and Kristine Phillips welcome the birth of Brock Phillips on February 4, 2015 at 9:33pm weighting 6 lbs. 15 oz. Brad Phillips is an associate at Strike Ford Furlong. Sandra Grant and Lloyd Thompson welcome the birth of David Emmanuel Grant Thompson was born on April 15, 2015 and weighted 6lbs 1oz. Sandra is a sole practitioner in Oshawa, On. Melissa and David Belliveau welcome the birth of Grayson David Belliveau brother to William Belliveau. He was born at at 12:14am on December 26 weighing 8lbs 10 oz. Melissa is an associate at Kitchen, Simeson, Belliveau, LLP. ~ Jennie Clarke ~ The Durham Region Law Association Library's primary mission is to support, in both a print and digital capacity, the citation research, reference and educational needs of the Lawyers who are members. In addition, as the only research-level law library in Durham Region, it is an important community resource hub for networking , professional and social gatherings. Within the limits of its resources, the Law Library strives to serve the legal information needs of the entire legal community and the practicing bar, as well to promote the most up-to-date sources and services available. The Law Library is committed to building and maintaining a hybrid collection that includes a balance of electronic, print, and other non-print material, and to providing research assistance and information access services that promote the effective use of the Library's resources by its users within the physical environment of the Law Library building. The development of the collection is based around the needs of the lawyers within our community. As the librarian and website designer, I am committed to servicing all your library needs which include setting up your electronic devices for WIFI access and assisting with teaching online research skills. Follow us on Twitter, Linkedin or send me a request on Skype. Library Here is where people, One frequently finds, Lower their voices And raise their minds. ~ Richard Armour—Light Armour, McGraw-Hill, 1954. Terence V. Kelly May 28, 1931 - January 16, 2015 On January 16th 2015, our community lost a very dear Lawyer, Terry Kelly. For many he was mentor, a friend and colleague. His legacy carries on. We are inviting his colleagues, including those of you who worked for Terry as an articling student ( I know there are many of you out there) to help us remember him in our next edition of the DurLaw Voice which will contain a special section dedicated to our friend with your stories and memories . Even just a brief paragraph of a memory or anecdote about Terry would be appreciated. Please send all submissions or questions to Kelly Aitchison at kelly@alolawyers.com . Submissions are requested by October 1st, 2015 for our fall 2015 edition of the DurLaw Voice. Board of Directors Deborah Hastings - President John Olver - Vice President Kelly Aitchison- Vice President Kelly Gravelle - Secretary Marci Zuly—Treasurer Denise Branton Michelle Brown Joanne Ferguson Sandra Grant Sandy Khehra Paula McMurtry Cameron Murkar Bradley Phillips Doug Turner Trevor Winter Court House—Law Library DURLAW Voice welcomes news of all kinds about our members so be sure to share with us your news about a birth, engagement, wedding or rumours (but only if the latter is supported by pictures). 150 Bond Street East Oshawa, ON L1G 0A2 (TEL) 905-579-9554 drlalaw@bellnet.ca Jennie Clarke Law Librarian Are you ready for the summer? For those of you off on an adventure please don’t forget to take your smartphone or cameras out and take photos of your trip. We would love to hear from you! We are hoping to set a collage of travel photos. Please send your photos to Jennie Clarke (drlalaw@bellnet.ca) as a JPG with a resolution of 300 DPI. If you are planning to write for the DURLAW, please use WORD, Mac or Windows formats are accepted. We would be happy to hear about your summer vacation, so please share with us. “It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers.” ~ Charles Dickens, The Old Curiosity Shop