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.Read More
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.
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.
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.
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.
The Law Society Tribunal has dismissed high-profile misconduct 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.Read More
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.Read More