DIVISIONAL COURT UPHOLDS BUDD’S DISBARMENT
The Divisional Court has upheld the disbarment of former lawyer and lobbyist Peter Budd, who was convicted of sexually exploiting two teenage sisters between 1998 and 2004.

Writing in an endorsement of an order by a Law Society of Upper Canada appeal panel, Associate Chief Justice Douglas Cunningham for a three-judge panel rejected Budd’s appeal to set aside the law society’s decision and replace his disbarment with a suspension. He ruled there would not be a new hearing and the disbarment would remain.

Budd was a close neighbour and friend of a family identified as “D” by the law society until 2004 when they learned he had entered into sexual relationships with the family’s three female children, who were all in their early to mid teens, according to the decision.

Budd was charged with sexual assault and sexual exploitation of each child, but was acquitted of the sexual assault charges, and convicted of sexual exploitation of two of the sisters. Budd was sentenced to nine months in jail as a result.

He later appealed the conviction and sentence to the Court of Appeal. That appeal was dismissed. He sought an application for leave to appeal to the Supreme Court of Canada, which was denied.

Budd also appealed the law society’s hearing panel’s decision revoking his licence to practise. An LSUC appeal panel dismissed his appeal.

Writing in his endorsement of the law society’s decision, Cunningham noted of the severity of Budd’s actions and its role in each dismissal.

The law society panel “found that notwithstanding Mr. Budd’s outstanding career, and his many good qualities, collectively they did not mitigate the distrustful, deceptive, and prolonged nature of the sexual exploitation that had been established,” Cunningham wrote in Budd v. LSUC.

The ruling went on to say: “The decisions of disciplinary bodies imposing penalties on a professional colleague are entitled to respect.

Here, after two lengthy hearings, eight of Mr. Budd’s peers, after careful and thoughtful review, and acknowledging his admirable professional reputation, have concluded that revocation is the only penalty that adequately addresses the enormity of his misconduct.

In our opinion, that penalty is well within the range of what is reasonable on the facts established.”

FEDERAL COURT DISMISSES APPEAL IN 25-YEAR-OLD TAX FIGHT
The Federal Court has dismissed an appeal by a Sudbury, Ont., real estate lawyer to clear several years worth of tax debts from his name after a 25-year legal battle with the Canada Revenue Agency turned sour.

Justice Johanne Trudel made the ruling Jan. 25. She found to be false claims by lawyer Hugh Doig that the trial judge had erred in finding Doig had failed to make the necessary payments “on account of tax arrears” between several periods between the 1971 and 1984 taxation years.

“The appellant alleges that the Judge erred in law in the application of the burden of proof in respect of the 1971-1973 taxation years. We disagree.

The Judge dealt with this period at paragraphs 42 to 44 of his reasons,” wrote Trudel in Doig v. Her Majesty. “In view of the evidentiary record in front of him, we find no error in the Judge’s application of the burden of proof.”

Doig sought a declaration from the Federal Court in 2009 that he had no tax debt between the 1971 and 1984 taxation years, saying he had paid the debt but hadn’t been given credit for the payment by the Canada Revenue Agency or its predecessor.

As of June 2009, Doig owed $323,738.31 in unpaid taxes, interest, and penalties “from taxation years prior to and including 1982 to 1989, and 1991 to 1993,” according to the decision. Doig doesn’t dispute the amounts claimed by the CRA in 1985 or the following years, but disputes claims for the years prior.

The appeal was ultimately dismissed with costs.

LET’S NOT DO LUNCH SO MUCH: SURVEY
Robert Half Legal has released the results of a survey showing increased professional demands and social media have taken a bite out of Canada’s power lunch with 50 per cent of lawyers breaking bread with clients less often than they used to.

Robert Half, the legal staffing firm that developed the survey, used an independent research firm to conduct the survey and interviewed 150 lawyers at the largest law firms and corporations in Canada.

In the survey, lawyers were asked about how common power lunches are now compared to three years ago and how often lawyers meet clients for power lunches each month.

They found while lawyers often met with their clients an average of two times per month, compared to three years ago, the number of power lunches conducted by lawyers has steadily declined.

“Considering today’s hectic work environment, it is becoming more difficult for legal professionals to find the time for a business lunch,” said John Ohnjec, Robert Half Legal Canada division director.

“This is prompting lawyers to more frequently use e-mail and social media to stay in touch with their contacts, rather than having face-to-face meetings.”

To hold more productive in-person meetings, Robert Half Legal offered the following advice to lawyers:

•    Choose a restaurant you’re familiar with, is easy to find, is relatively quiet, and has a varied menu.

•    Don’t be late. Make every effort to be on time, or ideally, get there early. You can select a table that’s conducive to a business discussion and greet everyone as they come in.

•    Cut to the chase. Remember that people have busy schedules and can spend only limited time away from the office.

•    Turn off electronic devices. Cellphones should be silenced when you enter the restaurant.

•    Mind your manners. Few things are more uncomfortable than dining with someone who is condescending to the waitstaff.

WILLIAMS McENERY PARTNER NAMED CCLA PRESIDENT
Williams McEnery partner Jaye Hooper has been named president of the County of Carleton Law Association.

Hooper will serve in the position for one year and was first elected to the CCLA’s board of trustees in 2006 in the “young lawyer” position.

In her new role, Hooper will be the youngest president in the CCLA’s history and the first female president with a young family.

Hooper previously served as the vice president of the organization.

The CCLA is the second-largest not-for-profit legal association in Ontario with membership that includes judges, lawyers, paralegals, and law students. It is governed by a group of elected volunteer lawyers who sit on the board of trustees.

BINNIE HONOURED BY TLA
The Toronto Lawyers Association is awarding retired Supreme Court justice Ian Binnie its 2012 Award of Distinction.

Binnie will receive the award during a reception on March 1 at One King West in Toronto. The association is honouring him for his contribution to the law and the legal profession.

Binnie joined the Supreme Court bench in 1998 and retired in October 2011.
Past recipients of the award include Superior Court Justice Colin Campbell and former Ontario chief justice Roy McMurtry.

For information about the reception and the award, visit tlaonline.ca.

BLAKES ANNOUNCES 6 NEW TORONTO PARTNERS
Blake Cassels & Graydon LLP promoted six lawyers to partner at its Toronto office this month.

Tim Andison, who joined Blakes in November 2010, practises in the areas of mergers and acquisitions, capital markets, and other financing transactions.

Andrew Pollock, a member of Blakes’ business group and its China practice, will also join Andison in the firm’s Toronto office as a partner.

practice involves mergers and acquisitions and corporate finance and governance with specialties in mining operations and railway transportation law.

Cynthia Sargeant, who practises corporate and securities law, advises clients on financing, corporate governance compliance obligations, and commercial transactions.

Kurt Sarno, who previously practised at a large law firm in New York before joining Blakes, focuses on mergers and acquisitions and private equity.

Antonio Turco handles litigation related to intellectual property rights, including disputes over patents, copyright, trademarks, industrial design, and trade secrets.

In addition, Laura Weinrib handles matters related to the pharmaceutical, medical devices, natural health products, food, and consumer products industries.

“I am pleased to announce our latest group of partners,” said Rob Granatstein, managing partner at Blakes.

“Each of these individuals has worked very hard for this next achievement in their legal careers. It is this dedication to our clients on the part of all of our professionals that makes Blakes the success that it is.”

B.C. LAWYERS START 2ND ROUND OF BOYCOTTS
The Trial Lawyers Association of British Columbia started its second wave of service withdrawals this month in an effort to convince the provincial government to invest $100 million in additional legal aid funding.

The second wave, which will end on Feb. 14, leaves 53 provincial courthouses without duty counsel. That represents nearly two-thirds of all courthouses in the province.

The association hopes the service withdrawals will force the government to help more individuals qualify for legal aid and increase the number of services offered by the province.

A tax on legal fees currently generates $140 million annually but less than half of that goes to the province’s $68-million legal aid budget.

“The first phase of service withdrawals went very well in terms of support,” said Marc Kazimirski, president of the association.

“The lawyers involved are headed into Phase 2 with greater awareness already achieved for this important issue, and a strong sense of purpose remains.”

The association plans to withdraw services again during the first three weeks of March as well as during the entire month of April.

For related content, see "LAO not living up to boycott bargain, lawyers say."

COBBETTS TEAM JOINS GOWLINGS
An equity capital markets team is leaving Cobbetts LLP to join Gowling Lafleur Henderson LLP’s London, England, office.

Included in the team are Cobbetts’ partners Andrew Wright, Charles Bond, Sefton Collett, and Dominic Prentis, as well as directors Susan Johnston and David Brennan.

They’ll make the switch to Gowlings at the end of this month and will join the firm’s energy, infrastructure, and mining industry group.

“We are sorry that Andrew and our colleagues are leaving and wish them the best of luck with their new global venture,” said Daniel O’Gorman, head of Cobbetts’ equity capital markets group.