Is alleged to have solicited investments from clients trying to come to Canada The Law Society of Manitoba has suspended Paul Hesse following an investigation into his conduct. The immigration lawyer and former Manitoba Liberal Party president is alleged to have solicited business investments from […]
LawyerThe lawyer for a Calgary city councillor who faces a criminal charge in connection with an alleged road rage incident says he plans to mount a “vigorous defence” and questions why Edmonton police took more than eight months to investigate a minor offence. Ward 9 […]
LawyerTim Schober was an active tennis player, cyclist, hiker and a practising lawyer well into his 60s before a car made an illegal exit on a Victoria highway and crashed into him while he was cycling to work last August. “By the time things settled down, […]
AccidentIs alleged to have solicited investments from clients trying to come to Canada The Law Society of Manitoba has suspended Paul Hesse following an investigation into his conduct. The immigration lawyer and former Manitoba Liberal Party president is alleged to have solicited business investments from […]
LawyerIs alleged to have solicited investments from clients trying to come to Canada
The Law Society of Manitoba has suspended Paul Hesse following an investigation into his conduct.
The immigration lawyer and former Manitoba Liberal Party president is alleged to have solicited business investments from his clients trying to come to Canada.
The notice of his suspension was posted Wednesday on the law society’s website, effective July 17, 2019.
Hesse was dismissed last month as a partner at Pitblado Law.
According to sources, Hesse allegedly insinuated to clients, most of whom were from China, that by making investments in Canada, they could strengthen their immigration cases. He allegedly moved money from clients into the businesses of his then-romantic partner.
Hesse, a former president of the Manitoba Liberal Party, joined the law firm in August 2011 and became a partner in January 2014.
None of the allegations have been proven in court.
The lawyer for a Calgary city councillor who faces a criminal charge in connection with an alleged road rage incident says he plans to mount a “vigorous defence” and questions why Edmonton police took more than eight months to investigate a minor offence. Ward 9 […]
LawyerThe lawyer for a Calgary city councillor who faces a criminal charge in connection with an alleged road rage incident says he plans to mount a “vigorous defence” and questions why Edmonton police took more than eight months to investigate a minor offence.
Ward 9 Coun. Gian-Carlo Carra was charged with mischief under $5,000 stemming from an incident on April 2 during which Carra says he used his foot to “tap” the bumper of a vehicle after alleging it nearly hit his dog in a crosswalk.
Carra was charged on Friday, his first court date is Jan. 9.
According to sources, there is video of the incident.
Speaking for the first time since the charge was laid, Mayor Jyoti Gondek declined to answer reporters’ questions Monday because the case is “a live matter before the courts.”
“I can understand everyone’s desire to know more about the situation but as I’ve said, I simply can not comment on this matter at this time,” said Gondek.
We are asked the Edmonton Police Service as to why it took so long to reach an investigative conclusion, but a spokesperson said EPS “won’t be providing any additional comment on the matter at this time.”
Carra stepped away from his role on the Calgary Police Commission in April and formally resigned last month.
In July, the fourth-term councillor apologized after the city’s integrity commissioner investigated and concluded Carra failed to disclose his investment in an Inglewood property, violating council’s code of conduct
In October 2021, Carra was elected by a narrow victory of 161 votes.
Political scientist Lori Williams says “there’s no question” Carra’s criminal charge is “a problem” for his constituents.
“There are expectations that elected representatives behave sort of above the norm, that they at the very least comply with the law,” said Williams.
But beyond Ward 9, Williams says the bigger issue is that Carra is one of three councillors dealing with recent scrutiny related to legal or ethical issues.
Sean Chu was found guilty of discreditable conduct and disciplined under the Police Act for an inappropriate physical contact with a 16-year-old girl when he was a police officer in 1997, which came to light after our news broke the story in October 2021.
Last month, Premier Danielle Smith announced she has tasked the deputy ministers of Justice and Public Safety to look over the Calgary Police Commission’s review of the CPS misconduct investigation to determine if further action should be taken.
Coun. Dan McLean was fined $500 for breaking the Local Authorities Election Act last week after accepting donations from corporations for an event during the 2021 election campaign, which is not permitted under the act.
In November, McLean apologized and stepped away from council committees and boards after a series of videos posted to social media purported to involve him participating in mocking Indigenous people, though the councillor was not seen on camera.
“This is very unusual in that three councillors with … questions swirling around them,” said Williams.
“It has to take a significant toll on the confidence the public has in this council, and it may to some degree affect their ability to effectively represent Calgarians.”
Tim Schober was an active tennis player, cyclist, hiker and a practising lawyer well into his 60s before a car made an illegal exit on a Victoria highway and crashed into him while he was cycling to work last August. “By the time things settled down, […]
AccidentTim Schober was an active tennis player, cyclist, hiker and a practising lawyer well into his 60s before a car made an illegal exit on a Victoria highway and crashed into him while he was cycling to work last August.
“By the time things settled down, I had a catastrophic spinal cord injury — a very high one that makes me a quadriplegic,” the Saanich, B.C. man said.
After spending seven months recovering in hospital, Schober said he had to spend $130,000 on renovations to be able to navigate his home in a wheelchair.
He can no longer practise law, and requires 24-hour care from his wife Lisa.
Schober has been waiting for months for the Insurance Corporation of British Columbia (ICBC) — the province’s public auto insurance provider — to determine how much of those costs will be covered under insurance benefits, and says the wage compensation he’s receiving is nowhere near what he earned as a lawyer.
He says his frustration over bureaucracy and long delays motivated him to become an advocate for crash victims dealing with the ICBC’s new system.
“I thought of my colleagues that I met at the rehab hospital and many of them don’t have the resources that I have,” he said.
“And I’m thinking that they will be getting screwed by ICBC and they won’t know it or have the ability to challenge it.”
Schober is now gearing up for a legal fight as a plaintiff in a constitutional challenge of the province’s Enhanced Care insurance program, which the ICBC introduced three months before his crash.
In 2020, the B.C. provincial legislature passed Bill 11, making amendments to the Insurance Vehicle Act that came into effect on May 1, 2021.
The biggest change was that people injured in a motor vehicle accident lost the right to take an at-fault driver to court — except in certain cases where the driver committed a criminal offence, such as impaired or reckless driving.
Rather than go through the legal system, drivers, cyclists and pedestrians involved in a collision now deal directly with ICBC. “No-fault benefits” are payments approved by the province to cover rehabilitation, personal care and lost wages for people injured in an accident.
ICBC says the goal of the new program is to cut down on legal costs and drive down premiums for drivers across B.C. The corporation says most of the money it saves is set aside to help improve access to care for crash victims.
“Enhanced Care removed the adversarial approach of suing drivers and the hundreds of millions of dollars going toward lawyers and legal fees every year,” ICBC said in an emailed statement.
The only way to dispute ICBC’s decisions over compensation is to file a claim with a review board called the Civil Rights Tribunal (CRT), also run by the province.
Foreign Affairs Minister Melanie Joly says she plans to use new law to divert assets from sanctioned Russians Canada’s attempt to seize and forfeit a Russian oligarch’s holdings will be a major test of how the federal government balances sanctions and Charter rights, says an […]
GovermentForeign Affairs Minister Melanie Joly says she plans to use new law to divert assets from sanctioned Russians
Canada’s attempt to seize and forfeit a Russian oligarch’s holdings will be a major test of how the federal government balances sanctions and Charter rights, says an Ottawa trade lawyer.
On Monday, Foreign Affairs Minister Melanie Joly said she plans to use a new law to confiscate and divert assets held by people who have been sanctioned.
The first case involves Roman Abramovich, an ally of Russian President Vladimir Putin who partially owns the steel company Evraz, which has facilities in Regina and Calgary. Abramovich is also the former owner of the Chelsea Football Club in England.
Canada will try to seize and forfeit US$26 million, or about C$36 million, from Granite Capital Holdings Ltd., a firm Abramovich owns, and divert the money to the reconstruction of Ukraine.
William Pellerin, an Ottawa-based trade lawyer with the firm McMillan LLP, said the case could raise questions of constitutional law and jurisdiction and shape future attempts at extracting cash from sanctioned individuals.
“It’s not yet happened in any G7 country, or Australia,” Pellerin said. “We’re really leading the charge here.”
Pellerin’s clients include firms navigating Canada’s sanctions on Russia, and he said Ottawa’s move represents a major shift, since sanctions are generally meant to change behaviour instead of punishing someone.
“The idea is the oligarchs apply pressure on the Putin regime to stop the invasion and if the war goes away, you unfreeze the assets and whoever had money or property in Canada, that property gets unblocked and everyone goes off on their merry way,” he said.
“There won’t be an incentive to change behaviour anymore, because the money is gone.”
Pellerin said the bank holding Abramovich’s cash would have frozen his assets back on March 10 when he was sanctioned. It most likely reported the money to the RCMP, who would have then informed Global Affairs Canada, Pellerin said.
An order-in-council reveals the money was held by Citco Bank Canada and suggests someone froze an attempt to move the cash to a bank in the Cayman Islands. Citco’s parent company in London, England would not confirm how it proceeded.
“Due to our commitment to confidentiality, we are unable to comment on our clients – past or present – or their underlying investors,” spokesperson Millie Fairbairn wrote in an email.
“However, Citco has robust screening processes in place to scan our systems in order to identify any sanctioned parties and report to the relevant authorities as required.”
Ottawa’s first step will be to file an application at a court in whichever jurisdiction the money is held, most likely the Ontario Superior Court, Pellerin said.
Government lawyers will then have to prove to a judge what percentage of the funds are owned by Abramovich, to convince the court to have the money forfeited to the Crown.
Abramovich will be able to have his counsel contest that move and Pellerin said he anticipates a few grounds for argument.
The lawyers might argue that the move breaches Charter rights surrounding privacy and the reasonableness of search and seizures, which don’t apply to foreigners outside Canada but can apply to their corporations and holdings in Canada.
They also might argue that Ottawa lacks jurisdiction, since provinces generally govern property rights and the case does not involve criminal law, which is a federal responsibility.
“That’s an interesting question for constitutional scholars. I’m not one of them,” Pellerin said.
He also noted that Russia may retaliate, a move that is easier to do when one country has tried forfeiting assets — as opposed to multilateral sanctions, where all United Nations members refuse dealings with someone involved in terrorism or drug trafficking.
Moscow may try to freeze Canadian-owned mines, for example.
“There would be easily a quid pro quo of Canadian assets in Russia, or of assets with a with a strong Canadian nexus,” Pellerin said.
Russia’s ambassador to Canada said Joly’s announcement this week amounts to “an attempt of robbery in broad daylight” and warned that others will fear their investments are at risk if people have views that don’t align with Ottawa.
“The embassy advises not to carry on business (within Canada) for the foreseeable future,” Oleg Stepanov wrote Monday on social media.
“As a trade partner for Russia, Canada’s value now unfortunately equals to zero.”
Joly said on Monday that the RCMP is independently pursuing investigations of people Ottawa has sanctioned who hold assets in Canada.
She said Canada has sanctioned so many Russians in part to keep in line with restrictions imposed by allies in Europe and the U.S., so that those sanctioned don’t try moving the money into Canadian accounts.
Joly said she hopes European countries follow suit on trying to forfeit oligarch cash, but Pellerin noted the continent has much closer economic ties with Russia.
With food prices continuing to soar, the Green Party of Ontario is pitching a grocery code of conduct as a way of making everyday items more affordable. A grocery code of conduct tends to include language around how grocery chains interact with suppliers and what […]
Accident Lawyer PoliceWith food prices continuing to soar, the Green Party of Ontario is pitching a grocery code of conduct as a way of making everyday items more affordable.
A grocery code of conduct tends to include language around how grocery chains interact with suppliers and what costs they can pass back to those suppliers.
The idea isn’t new; both the United Kingdom and Australia have voluntary codes of conduct, adopted in 2009 and 2015, respectively.
In a press release, the Green party said a code of conduct would “protect farmers, local food producers and consumers.”
“Elements would include requirements to negotiate in good faith, refrain from acts of reprisal for practices permitted by the code, honouring of contract terms and prohibitions on collusion and price gouging,” a party spokesperson said in response to follow-up questions.
The party said it’s also pleased there are industry consultations taking place at the federal level.
University of Guelph food economist Mike von Massow says it’s possible the idea could have merit in Canada, but it’s unlikely to provide the relief many are hoping to see.
“It is not a silver bullet to food price inflation,” he said.
That’s because the rising cost of food, von Massow said, has many roots. They include: drought in western North America, ongoing supply chain headaches, reduced capacity to make and move food due to the pandemic and the war in Ukraine which affects everything from fuel prices — tied to production, transportation, distribution and processing of food — to the wheat trade.
WATCH | Canada’s inflation rate jumps to new 31-year high of 6.7%.
But a code of conduct could change the relationship between suppliers and large grocery stores, which could benefit consumers.
“Will this grocery code of conduct magically make food inflation go away? No. Does it have the potential to level the playing field for all retailers, and then therefore moderate — to some degree — food price inflation? I think, definitely,” von Massow said.
When Australia’s Food and Grocery Code of Conduct began in 2015, it addressed a market largely controlled by two grocery chains: Coles and Woolworths. They had nearly 80 per cent of the market, said Laura Hartley, a partner with Addison’s Lawyers in Sydney, Australia who works on behalf of suppliers.
That made supplier-grocery relations very tense and left suppliers feeling like they had very little power, Hartley said. The code changed that — even though it was voluntary.
“[Suppliers] do believe this code has been effective in changing the behaviour of the supermarkets towards them in being fairer,” Hartley said.
The rising cost of food has many roots: drought in western North America, ongoing supply chain headaches, reduced capacity to make and move food due to the pandemic and the war in Ukraine. (Jacques Boissinot/Canadian Press)
Previously, she said, written contracts weren’t standard. The code of conduct changed that leading to a more “equal balance of power,” Hartley said. “It has been hailed as a success in terms of changing behaviour.”
But, she said, it hasn’t meant much of a direct change for consumers.
“It hasn’t resulted in lower prices, for example. We haven’t seen that happen,” Hartley said.
And unfortunately, there isn’t much the government can do to keep food prices in check, von Massow says.
“You could try to regulate food prices, but price regulation is difficult and often ineffective. Where do you regulate price? Do you regulate price at the farm level? Do you regulate price at the retail level? What do you do with restaurants, then?”
Some countries, he said, may choose protective policies. Argentina, for example, has refused to export any wheat, keeping all supplies domestic. That would bring prices down for specific products, but only works for export markets.
Estate lawyers in Edmonton say the COVID-19 pandemic has motivated more people to create or update their wills. The Edmonton Community Foundation’s annual Wills Week kicked off on Monday and volunteer estate lawyers have been hosting free presentations every day this week on topics like choosing executors and accommodating […]
LawyerEstate lawyers in Edmonton say the COVID-19 pandemic has motivated more people to create or update their wills.
The Edmonton Community Foundation’s annual Wills Week kicked off on Monday and volunteer estate lawyers have been hosting free presentations every day this week on topics like choosing executors and accommodating blended families.
Noel Xavier, the community foundation’s director of donor services, said registrations are up for these sessions, which are being offered remotely this year.
As well, more Edmontonians are calling to inquire about including gifts to the foundation in their wills, Xavier said.
Pandemic-related quarantine measures initially made it more difficult to arrange end-of-life plans.
Lawyers started meeting with clients in parking lots and garages so documents could be signed and exchanged more safely through car windows.
“I joke that I’ve become ‘the Lincoln Lawyer,'” said Mike Simons, a partner with McCuaig Desrochers in Edmonton.
“I’m sure there are security cameras in several rec centre parking lots that wonder why my van has been there multiple times.”
Andrew Cao, a partner at KBL Law who specializes in real estate and wills and estates, said the biggest wave of interest came in March and April.
Having worked as a mobile lawyer for the past eight years, Cao was used to driving hundreds of kilometres around Edmonton on a given day, so the pandemic has not change his job as much.
“I’m doing exactly what I was doing before, just wearing a mask now,” he said.
In Alberta, Bill 24 amended the Wills and Succession Act to temporarily allow for remote signing and witnessing.
Former justice minister Doug Schweitzer issued a ministerial order in July extending the temporary period to Aug. 15, 2022.
Technology has made some parts of the process easier in recent months, but lawyers say more disputes are arising as people re-evaluate their plans and priorities during the pandemic.
“People are having to face their mortality more than they ever have before and with that comes a lot of disagreements and a lot of hurt feelings,” Simons said.
“With COVID, there’s a lot less communication, a lot more silence and a lot more suspicion.”
Cao said he finds meeting with clients in person is easier and preferable in almost every case.
Relying on virtual meetings can sometimes mean missing cues that would be easier to pick up on in person, said Allison Barkwell, a partner with Barkwell Brown Estate and Tax Lawyers in Edmonton.
And wills aren’t the only documents people are disagreeing about.
During the pandemic, Barkwell said more people have been asking about enduring power of attorney agreements and personal directives.
Recently, she handled an argument between children who could not agree on where their aging father with dementia should live.
Some of the siblings wanted to put him in a long-term care facility, where he would receive more care than he was receiving at home.
“The other children were completely opposed to the point where they were prepared to make a court application to have the other siblings removed as agents under the personal directive,” Barkwell said.
Calgary Remand Centre inmates say that because of provincewide job action by defence lawyers, they are unable to access lawyers through Legal Aid Alberta and are stuck in custody — sometimes for weeks. Our News spoke with three inmates who are charged with minor criminal or driving […]
Goverment LawyerCalgary Remand Centre inmates say that because of provincewide job action by defence lawyers, they are unable to access lawyers through Legal Aid Alberta and are stuck in custody — sometimes for weeks.
Our News spoke with three inmates who are charged with minor criminal or driving offences, including possession of stolen property under $5,000, dangerous operation of a motor vehicle, drug possession and breaches.
Kirk Mugford says he has been in the Remand Centre since Sept. 28 and is trying to set a trial date but wants a lawyer.
“I keep phoning legal aid and they keep telling me that they put out my certificate to multiple firms and they keep telling me that they’re being denied,” said Mugford.
He says there are between 40 and 50 other people on his unit who are in the same boat.
“It’s just filling up in here,” he said. “People aren’t getting out.”
Lawrence Culajara said he’s also been trying to get a lawyer through legal aid, since Oct. 4, but his application isn’t getting accepted. He said the last time he spoke to a lawyer, they said they wouldn’t take any clients until the matters they’re striking for are resolved.
Members of four defence lawyer organizations across the province, along with some family lawyers who take on cases for Albertans eligible for legal aid support, have been refusing legal aid cases since Sept. 26.
The lawyers have been calling for an increase in the rates paid to lawyers who take on legal aid cases, arguing the province has fallen behind other jurisdictions.
“I felt hopeless,” said Culajara, who doesn’t feel comfortable representing himself. “I have a bad record. But that doesn’t mean that I have to spend life in jail without having someone to represent me.”
The province said Sunday it hasn’t heard of any delays.
“As far as we’ve heard from legal aid is that they have been able to manage all certificates (including those from custody),” said Joseph Dow, press secretary for Alberta Minister of Justice Tyler Shandro, in a statement.
In September, immediately before the refusal happened, Shandro said anyone who needed to access a lawyer through legal aid would still be able to get one.
Kelsey Sitar, a criminal defence lawyer and vice-president of the Calgary Criminal Defence Lawyers Association, said that could mean inmates can still access duty counsel, which offers limited basic services such as putting a case over to a later date.
“If the only assistance they’re getting is duty counsel — and all that duty counsel can really do is adjourn it over and hope that they find a lawyer willing to take a certificate — that’s a significant problem,” Sitar said.
She didn’t have specific numbers but said that since the job action began, duty counsel in many locations are now appearing remotely because they are so busy. That makes it difficult to see, for example, paper documents an inmate might have that would assist in resolving their case and reducing the backlog.
She says the strike is longer than others in Alberta and has been so “all-encompassing” that it’s leaving folks in a position with little legal precedent, but that they still have a right to a lawyer.
“I think there are charter violations at play here if they can’t find a lawyer to take that certificate because they have the right to it,” said Sitar.
“It’s just not going to be in the way we usually see these things litigated because the issue isn’t that the person can’t get a lawyer paid for by the government. The government is willing to pay. The issue is that there’s no lawyer willing to accept that rate of pay.”
Last month, Shandro said a modernization review of Legal Aid Alberta, which began in May, would wrap up in October, and indicated the tariff rate paid to lawyers would be considered as part of the review.
In a statement sent to us, Legal Aid Alberta said that all Albertans facing criminal charges who are eligible for legal aid will be appointed counsel.
“Clients in custody have a priority phone queue for legal aid services. The time it takes to get legal aid representation may vary based on case complexity and other factors that are beyond our control,” they wrote in the statement.
WARNING: This story contains details of abuse. A Manitoba man who alleged he was sexually and physically assaulted by a teacher at an Anglican boarding school four decades ago has settled his case against the teacher and the local diocese, his lawyer says. Israel Ludwig would […]
Accident GovermentWARNING: This story contains details of abuse.
A Manitoba man who alleged he was sexually and physically assaulted by a teacher at an Anglican boarding school four decades ago has settled his case against the teacher and the local diocese, his lawyer says.
Israel Ludwig would not reveal how much money was agreed on, but said he was satisfied with the outcome for his client.
“I’m pleased that the defendants recognize that my client should be compensated for what happened to him at the school,” Ludwig said over the phone on Thursday.
“My client was happy to receive the money and instructed me to discontinue the claim.”
Ludwig said the money was paid on the condition that all the defendants be released from the claim. A notice of discontinuance in the case was filed in Manitoba’s Court of King’s Bench on Dec. 6, 2022, court documents show.
The man — whom is not naming because the allegations involve sexual assault — initially filed a statement of claim in January 2020 in what was then the Court of Queen’s Bench.
The statement of claim said the man, who at the time of the filing worked as a labourer in northern Manitoba, was a student at the boarding school for grades 9 and 10.
He said he was sexually assaulted by Mealey in the early 1980s, while he was staying in a student dormitory. Mealey came into the dormitory at night, performed oral sex on him and fondled him while he was sleeping, the man alleged in the 2020 court document.
The statement of claim also alleged Mealey physically assaulted the plaintiff by hitting him on the buttocks with a stick.
In a later statement of defence, Mealey denied the allegations.
He did not respond to requests for comment following the settlement.
The statement of claim also listed the Diocese of Rupert’s Land — the Anglican diocese which includes much of southern Manitoba — as a defendant. Both the diocese and its lawyer, Bernice Bowley, declined to comment.
More than two decades ago, Mealey was criminally convicted of sexually assaulting other students at the Selkirk school, the statement of claim noted.
The man also said in the 2020 court document that the abuse he suffered led to his difficulty with relationships, including a general lack of trust and distrust of men in close quarters.
He said he also suffered from issues with anger, hyper-vigilance and self-blame, and from anxiety attacks, high blood pressure, sexual dysfunction and insomnia.
The statement of claim said the man was seeking general and punitive damages, and damages to cover legal, medical and pharmaceutical costs, and to cover the loss of wages and future income.
While the suit is now settled, none of the allegations in the statement of claim were proven in court.
A Calgary Police Service spokesperson said it assisted in Carpay’s arrest but deferred other questions to Winnipeg police. Carpay’s decision to hire a private investigator to follow Joyal, chief justice of what was then Manitoba’s Court of Queen’s Bench, came to light in July 2021 during […]
LawyerA Calgary Police Service spokesperson said it assisted in Carpay’s arrest but deferred other questions to Winnipeg police.
Carpay’s decision to hire a private investigator to follow Joyal, chief justice of what was then Manitoba’s Court of Queen’s Bench, came to light in July 2021 during a hearing for a case against pandemic rules brought forward by seven rural Manitoba churches who were represented by Carpay’s organization.
A lawyer who represented a number of churches across Canada fighting COVID-19 restrictions in court has been charged by police in Winnipeg after admitting in 2021 he hired a private investigator to follow senior government officials and the Manitoba judge who presided over one of the organization’s cases.
The Winnipeg Police Service said it has charged John Carpay, 55, with intimidation of a justice system participant and the attempt to obstruct justice.
The Justice Centre for Constitutional Freedoms said it learned on Friday of the warrant issued by Winnipeg police for the arrest of Carpay, president of JCCF when the allegations surfaced last year.
“This warrant was apparently issued in connection with the events that took place in 2021 and alleges obstruction of justice,” the Alberta-based organization said in a statement posted on its website on Sunday.
Carpay immediately turned himself in to the Calgary Police Service after learning of the warrant, the statement said.
It also indicated Carpay has been released on bail, with the sole condition that he not contact Glenn Joyal, chief justice of what is now Manitoba’s Court of King’s Bench. It said the Calgary-based lawyer has not had any communication with the judge since an apology he made for having Joyal followed in 2021.
A spokesperson for the Law Society of Manitoba said its investigation is complete and charges of professional misconduct have been authorized against Carpay.
The Law Society of Manitoba’s website says the three-day hearing for Carpay’s case is scheduled to begin Feb. 8. Carpay is accused of breach of integrity, undermining public respect for the administration of justice and failing to treat court with candour, fairness, courtesy and respect, the website says.
A lawyer found guilty of professional misconduct can face consequences including being fined, suspended or disbarred, Manitoba’s Legal Profession Act says.
In a statement, a spokesperson for Manitoba Courts characterized the allegation as an “unprecedented surveillance of a sitting judge of this court.” But neither the court nor the chief justice would comment further, the statement added.
Ottawa human rights lawyer Richard Warman, who filed complaints with the law societies of Manitoba and Alberta, said he, too, thinks the case is unprecedented in terms of professional misconduct by a lawyer.
“I’m unable to remember any lawyer going so far off the rails as to hire a private investigator to stalk the chief justice who’s presiding over a case that they’re appearing in,” he said on Monday.
“I have no doubt that it will be studied for years to come as a prime example of professional misconduct. And when you have extreme conduct, it calls for extreme sanction.”
Warman said he’s relieved to hear Carpay would also be charged criminally, but wondered why it took so long — especially since the case involved an admission of guilt in open court.
Given that factor, he said it comes off as “naive in the extreme” that Carpay’s organization says the charge against the lawyer was unexpected.
City’s lawyer says Sheegl’s motive for accepting money while CAO is irrelevent, it’s a still a bribe Phil Sheegl’s lawyer says his client made a poor decision to accept $327,200 while acting as Winnipeg’s chief administrative officer, but argues a judge erred in deciding he took […]
LawyerCity’s lawyer says Sheegl’s motive for accepting money while CAO is irrelevent, it’s a still a bribe
Phil Sheegl’s lawyer says his client made a poor decision to accept $327,200 while acting as Winnipeg’s chief administrative officer, but argues a judge erred in deciding he took a bribe.
Lawyer Robert Tapper appeared in front of a panel of three Manitoba Court of Appeal judges Tuesday morning on behalf of Sheegl, and Sheegl’s two companies FSS and 2686814 Manitoba Ltd.
Tapper said Manitoba Court of Kings Bench Chief Justice Glenn Joyal made three critical mistakes in his March 12, 2022, summary judgment when he found Sheegl took a bribe and should pay the money back to the city.
The details of the case date back to 2011 when Winnipeg contractor Armik Babakhanians, the owner of Caspian Projects Inc. and Caspian Construction, was awarded a multi-million dollar contract with the city to build the Winnipeg Police Service’s headquarters building.
In May of 2011, Babakhanians gave Sheegl a $200,000 cheque and wrote it was for consulting services, which Sheegl split with then-mayor Sam Katz and called it a loan. Then in August 2012, Babakhanians paid Katz $127,200 US, which Katz split with Sheegl.
The city sued Sheegl, and in March 2022 Joyal found the former CAO took a bribe when he accepted the money from Babakhanians and didn’t disclose it to his employer. Joyal order Sheegl and his two companies to pay back the money and his severance package, as well as damages, for a total of about $1.1 million.
Tapper told the appeal court judges that Joyal’s first mistake was that he relied solely on hearsay evidence given through the affidavits of current Winnipeg CAO Michael Jack. He also argued that the city didn’t provide any evidence from civic employees who sat on committees and were involved in the decision-making process to construct the police headquarters building.
Tapper doesn’t dispute that Sheegl breached his fiduciary duty to the city, but maintains he didn’t take a bribe.
“What got lost in this case was the fact that the alleged bribe did not occur in darkness, in currency of a brown paper bag,” said Tapper.
“Whether it was in a paper bag or in a Swiss bank, doesn’t really matter, he had no right to get the $327,000,” responded Manitoba Court of Appeal Justice Chris Mainella.
Tapper agreed it was a poor decision on his client’s part, but says the money was part of an Arizona land deal Sheegl and Katz did with Babakhanians.
Tapper said Joyal’s second error was that the chief justice wouldn’t let him cross-examine an RCMP officer who travelled to Arizona to investigate the land deal claims. Tapper says Sgt. Breanne Chanel had written in an affidavit to the court during a criminal investigation into the police headquarters project that there wasn’t enough evidence to prove or deny the existence of a land deal.
City lawyer Michael Finlayson told the court there was no land deal and that the entire thing was made up in 2017 in response to questions from the us about the exchange of money.
In 2017, we are got a copy of search warrants and production orders that the RCMP got during a five-year investigation into allegations of fraud and forgery in the police headquarters project. That case concluded in 2019 with no charges laid.
In the documents obtained by LTD lawyers mississauga, Mounties alleged Sheegl took a bribe and split it with Katz during the police headquarters construction project. We asked Tapper, who represents both Sheegl and Katz, about those allegations and Tapper said the money was part of a land deal.
Tapper showed our reporters a handwritten document detailing the transaction. That document was only signed by Sheegl, but Tapper provided a copy of the document featuring Babakhanians signature later.
“If you keep your paper[work] and you’re asked for a copy of the so-called agreement, why don’t you produce the one that’s signed by both? If you keep your paper, where are the tax stuff, all the things that you would expect. The emails. The text was the only document ever produced by Sheegl,” said Finlayson.
He said out of 247 emails submitted to the court in this case, only two are from Sheegl, and the two are from 2018.