Trial Lawyers for Veterans

Magrath O’Connor LLP is proud to be a part of Trial Lawyers for Veterans.  The Ontario Trial Lawyers Association organized Trial Lawyers for Veterans, an initiative where lawyers provide pro bono services to veterans trying to access, collect and maintain federal military service and disability benefits.

At Magrath O’Connor LLP we recognize the great sacrifice made by the men and women in uniform serving our country at home and abroad and are proud to offer our services to make sure these heroes have all the benefits they deserve.

Press coverage of this initiative includes:

The Toronto Star:

http://www.thestar.com/news/canada/article/906497–ontario-lawyers-to-represent-injured-vets-for-free?bn=1

The CBC

http://www.cbc.ca/canada/story/2010/12/15/ontario-lawyers-injured-veterans.html

Any Ontario veteran of the Canadian Armed Forces is eligible to apply.  Those seeking assistance can call Trial Lawyers for Veterans at 1 800 567 3047 or visit http://www.otla.com/index.cfm?pg=Trial_Lawyers_for_Veterans

Police Raid Man’s Apartment Days After He Sues Province

Four days after news broke about Everett Rintoul suing the Province for losing his eye the police issued  a search warrant to look for guns in his apartment.

No guns were found, but he was charged with possession of 3 grams of marijuana, two weapons and breaching his bail.   In bail court the next day, Mr. Rintoul’s right eye was swollen and bruised.  He also had cuts to his face.

Michelle Cheung reported the story on CBC Toronto News on June 10, 2010.  The accompanying article can be found here:

www.cbc.ca/canada/toronto/story/2010/06/10/tor-police-taser.html

UPDATE: 11 June 2010: Sam Pazzano for the Toronto Sun covers the new development in Mr. Rintoul’s case:

www.torontosun.com/news/torontoandgta/2010/06/10/14341281.html#/news/torontoandgta/2010/06/10/pf-14341661.html

Former Roofer Sues Province Over Loss of Eyesight

We are representing Everett Rintoul, who is suing the Province claiming that he lost his eye sight because he wasn’t given proper medical care while at the Don Jail.

Mr. Rintoul was on four different prescription eye drops before he was arrested on a breach of recognizance.  During the intake process, his personal belongings were taken away.

On numerous occasions, Mr. Rintoul asked for his prescriptions and explained the problem with his eye.   He did not receive the necessary prescriptions.

The Statement of claim alleges that the period of his incarceration was the critical period to treat his eye to prevent further damage or worsen the severity.

Mr. Rintoul is suing for $1.2 million dollars.  Prior to the incident he was a roofer with twenty-two years of experience making approximately $32,000.  He is now on social assistance.

This story was covered by both Global Toronto news and the Toronto Sun.

Coverage by Alex Pierson at Global News:

www.globaltoronto.com/video/index.html?releaseID=1513714786

Story by Sam Pazzano at the Toronto Sun:

www.torontosun.com/news/torontoandgta/2010/06/04/14269586.html

Sarah O’Connor elected as Vice President of BNI Bay St.

Sarah O’Connor was elected to the position of Vice President at the Bay St Chapter of BNI.  The VP tracks attendance, referrals, average value of the referral and heads the Membership Committee.

Business Network International (BNI) was founded in 1985 for the primary purpose of building powerful referral networks.  Chapters allow one person per professional classification, and prospective members must be approved via an application process.

BNI Bay St meets once a week at 12:30 at the Strathcona Hotel on York St. in Toronto’s financial district.

To learn more about BNI Canada visit their website: www.bnicanada.ca

To learn more about the Bay St. Chapter and how to become a member or visit the chapter contact Sarah O’Connor.

Sarah O’Connor elected as Asst. Province President

Sarah O’Connor has been elected as Assistant Province President for Province 4 of Phi Delta Phi.  Province 4 is Eastern Canada and includes McGill University (Laurier Inn), University of Ottawa (Martland Inn), University of Toronto (Laskin Inn), University of Western Ontario (Rand Inn), University of Windsor (Paul Martin Inn) and York University (Osgoode Inn). She will be assisting Al Burton.

Phi Delta Phi International Legal Fraternity ??? is the world’s largest legal fraternity whose membership is restricted to students and practitioners of the law.  Phi Delta Phi was founded to promote a higher standard of professional ethics.

Phi Delta Phi is the only active legal fraternity in Canada, with its membership including Justices from the Supreme Court of Canada, and the appellate Courts, leading Barristers; and notable political leaders.

For more information on Phi Delta Phi and it’s activities please visit their website at http://www.phideltaphi.org/

Federal Court decision on Taxpayer information

The Court amended their original decision (Gordon v Canada [2007] F.C.J. No. 358, 2007 FC 253, 328 F.T.R. 23, 2007 D.T.C. 5180, 156 A.C.W.S. (3d) 504)  to include that the Department of Justice can access the files of the Canada Revenue Agency, the Public Prosecution Service of Canada and its agents for the purpose of identifying the affected taxpayers so they may receive notice that their information will be released and used in litigation.

Full decision: Gordon v Canada [2008] F.C.J. No. 1264, 2008 FC 1031, 2009 D.T.C. 5008, [2009] 1 C.T.C. 205

Federal Court Awards Costs Against Department of Justice

Costs were against against the Department of Justice representing Her Majesty the Queen in Right of Canada for bringing a motion under the Income Tax Act s. 241.

Justice O’Keefe awarded costs even though the defendant (HMQ) succeeded in its application.  The defendant did seek and receive a declaration that the relevant exemption provisions applied of the Income Tax Act and the Privacy Act applied to the actual facts of this case.  It gave the defendant some degree of comfort that the requested information could be released with safety.  The plaintiffs did not need this comfort.

Full decision: Gordon v Canada [2008] F.C.J. No. 1263, 2008 FC 1030, 2008 D.T.C. 6617

Federal Court Decision on use of taxpayer information

The Federal Court ruled on s. 241 of the Income Tax Act - the use of taxpayer information and when it can be released.

Subject to notice given to the affected taxpayers, their information can be released during the course of the litigation.

For the full decision: Gordon v Canada [2007] F.C.J. No. 358, 2007 FC 253, 328 F.T.R. 23, 2007 D.T.C. 5180, 156 A.C.W.S. (3d) 504