July 24, 2017
OPP Acknowledges Unlawfulness of "Next-Door Neighbour Searches"
The Ontario Provincial Police have acknowledged the unlawfulness of "next-door neighbour searches", in which police officers enter onto private property without a warrant, exigency or consent in order to observe a neighbouring property. The adoption of this practice by the Bracebridge, Ontario OPP detachment and its public defence by head of that detachment was the subject of an application, Fitzmaurice v. Commissioner of the OPP, which was resolved by the OPP's acknowledgment. The application was supported by Osgoode University's Innocence Project and by the Criminal Lawyers' Association, which intervened in the case as a friend of the Court. Daniel Naymark acted as co-counsel to the Criminal Lawyers' Association, with Philip Campbell of Lockyer Campbell Posner.
In a MuskokaRegion.com op-ed, the applicant in the case credited the "intellectual heft" of Mr. Campbell and Mr. Naymark as well as of the Innocence Project's Alan Young and Madori Sakamoto for the successful resolution of the application. For other reporting on the case, see http://www.macleans.ca/news/how-much-police-trespassing-is-permissible/ and https://www.muskokaregion.com/news-story/7466786-opp-confirm-judge-s-ruling-on-unlawful-entries-by-bracebridge-police/.
June 28, 2017
Law Society of Upper Canada to Review Practices involving Indigenous Persons
The Law Society of Upper Canada has formed a review panel to examine the way in which the Law Society and its Tribunal address regulatory matters involving Indigenous persons, complaints and issues. The Law Society recognized the need to examine its regulatory and hearing practices following the case of The Law Society of Upper Canada v. Keshen, a lengthy Kenora, Ontario-based hearing on which Naymark Law was counsel.
The Law Society’s press release is available here.
June 15, 2017
Daniel Naymark Completes Term as Chair of The Advocates’ Society’s Young Advocates Standing Committee
Daniel Naymark has completed his one-year term as Chair of the Young Advocates Standing Committee (“YASC”). YASC is the division of The Advocates’ Society (a not-for-profit professional association for trial and appellate lawyers with over 5,000 members) devoted to advocates in their first ten years of practice. YASC runs over 30 events annually across the country, as well as participating in The Advocates’ Society’s public policy, court intervention and education work. Daniel served on YASC for five years, including three years on the executive.
June 15, 2017
Daniel Naymark Offers Invocation and Toast to Canada at The Advocates’ Society’s End of Term Dinner
Daniel Naymark was honoured with the role of offering an Invocation and Toast to Canada at The Advocates’ Society’s annual End of Term Dinner. The black tie event commemorates the end of the judicial term and was attended by over 1,300 lawyers and judges from across Canada.
May 29, 2017
Daniel Naymark Featured in Law Times
The cover story of the Law Times’ May 29th issue, “LSUC Must Disclose Privileged Information”, contains quotes from the author’s interview with Daniel Naymark. Daniel commented on a Law Society Tribunal decision, Law Society of Upper Canada v. Savone, 2017 ONLSTH 100, raising issues of delays in matters before administrative tribunals as well as how tribunals should approach third party privilege.
April 25, 2017
Law Society Tribunal Dismisses Proceedings; Endorses Reconciliation-Based Approach
The Law Society Tribunal has dismissed applications against Kenora, Ontario lawyer Douglas Keshen after approximately seven weeks of trial between June 2016 and April 2017. Daniel Naymark and Robin Parker were co-counsel for Mr. Keshen.
The Law Society had levelled several hundred allegations against Mr. Keshen, including failing to competently serve dozens Indian Residential School survivor clients whom he had represented on claims for compensation for abuse. The Tribunal converted the proceedings to an invitation to attend, and commented approvingly on Mr. Keshen's and the Law Society's agreement to participate in community-based circles with affected Indigenous communities.
The Law Society had initially sought revocation of Mr. Keshen’s license. With the dismissal of the applications, Mr. Keshen maintains his clean discipline record and hopes to be able to restore his reputation and practice in the wake of such sensitive public allegations. The Tribunal’s reasons are available here.
This was the second of two related proceedings in which Daniel and Robin successfully represented Mr. Keshen. The first involved a Court-ordered investigation of rumours that Mr. Keshen had stolen funds. The investigation found that those rumours were untrue. Justice Perrell’s resulting reasons for decision are available here.
In a statement, Daniel and Robin said:
We sincerely hope the communities in northwestern Ontario will accept these decisions. Mr. Keshen is not an exploiter of Residential School survivors. Just the opposite. As the Tribunal recognized in its ruling, he is “deeply committed to the First Nations communities and individuals he serves and helps with their lives and issues in a way that goes beyond the specific legal problems they retain him for.” He has been working on behalf of these communities for the past 40 years.
It has been an honour for us as counsel to participate in a case that takes a small step towards honouring Indigenous culture and practices as part of our justice system.
March 3, 2017
Superior Court Revives Claims against Government
Master Champagne set aside the 2013 administrative dismissals of three actions against the federal government. The claims arose from the fraud-related bankruptcy of ICI Construction Management, an Ottawa construction company working on several federal infrastructure projects. They were administratively dismissed for delay following the bankruptcy of the plaintiff, an Ottawa merchant bank.
Daniel Naymark represented judgment creditors of the plaintiff, who took assignment of its rights in the dismissed lawsuits through the bankruptcy process. On behalf of Naymark Law’s clients, Daniel successfully moved to set aside the dismissals. Master Champagne’s decision is reported at 2811472 Canada Inc. v. Her Majesty the Queen in Right of Canada, 2017 ONSC 1015 (S.C.J.).
Daniel was previously counsel, with Clifford Lax, Q.C., at the 2011 trial in which Naymark Law’s clients obtained judgment against the merchant bank, leading eventually to its bankruptcy (Maeder v. Acorn Partners, 2011 ONSC 7109 (S.C.J.)).