2008 News

On December 2, 2008 Andrea Hill spoke at the Ontario Bar Association’s seminar entitled “Divine Discoveries: Building a Great Case”. She provided a paper in relation to “Undertakings and the Inevitable Refusals Motion”. For further details or to obtain the seminar materials please click here.

On November 19, 2008, Liza Sheard delivered a paper at the Law Society of Upper Canada’s 11th Annual Estates and Trusts Summit. Her paper was entitled “Powers of Attorney and Duty to Account: An Update”. For further details or to obtain the seminar materials please click here.

On November 3, 2008 Liza Sheard acted for the respondents at the Court of Appeal and was successful in upholding lower Court decision not to allow an amendment to the claim that would add her clients as parties, on the basis that the claim was barred under s.21 of the new Limitations Act. To obtain a copy of the Endorsement please click here.

On September 17, 2008 Alexandra Mayeski will present on the topic of Mentoring at the Hamilton Law Association Practical Tips for the Courtroom for Articling Students and New Lawyers seminar. For further details or to obtain the registration flyer: To view the Practice Management Guidelines registration flyer, please click here. Or contact: Paula Bridgewood at the HLA at 905-522-1563.

Summer 2008 – Alexandra V. Mayeski’s latest Small Firm Fodder column in the Canadian Lawyers Associates Magazine entitled “Where Have All the Advocates Gone?” has just come out. “Being an advocate is not just about wearing your robes or appearing before a judge; it is something that you do every day, even behind your desk, when you are representing the interests of others.” To view the full article, please visit: http://www.canadianlawyermag.com/index.php?option=com_content&task=view&id=340&Itemid=77

On June 10, 2008, Michael, Shane and Andrea obtained an injunction on behalf of a Cayuga Developer prohibiting interference of work at the site by Native protestors: 1536412 Ontario Ltd. v. Haudenosaunee Confederacy Chiefs Council, 2008 CarswellOnt 3419 (Ont. S.C.J.).

On June 10, 2008, John opened the Osgoode Professional Development’s “Litigating Commercial Damages” with his paper “The Law of Commercial Damages: An Update” prepared with the assistance of Shane van Engen. Other guest speakers included Jeff Leon, Jim Hodgson, Earl Cherniak. For further details please visit: http://www.osgoodepd.ca/cle/litigating_commercial_damages/index.html

June 5, 2008 – John F. Evans, Q.C. receives Law Society Medal. The Law Society Medal (http://www.lsuc.on.ca/about/a/awards/) is awarded for outstanding service within the profession, whether in the area of practice, in the academic sphere, or in some other professional capacity where the service is in accordance with the highest ideals of the legal profession. It may be awarded for devotion to professional duties over a long term or for a single outstanding act of service. John is the fourth Hamilton lawyer to receive the award since its inception in 1985.

On May 29, 2008, Michael Bordin was elected to a three-year term as a Trustee of The Hamilton Law Association. Michael looks forward to working with his fellow trustees in the service of the local legal community.

On May 20, 2008 Michael Bordin chaired and presented at the Hamilton Law Association lunch roundtable series on “Shareholder Disputes and Remedies”. The presentation was done together with Michael Bruder and dealt with recent cases considering the difference between derivative claims and Oppression Remedy claims, tax issues and pitfalls in Oppression Remedy claims and settlements, and interpretation and application of arbitration clauses.

On May 5, 2008, Michael, Andrea and John acted as co-counsel in assisting a local firm in preparing materials and implementing this intricate and complex order. Michael appeared as co-counsel on the hearing of the motion.

In May 2008 Liza Sheard was appointed to the Executive of the OBA Estates & Trusts Section.

On April 23, 2008 the Insurance Law Section of the Ontario Bar Association presented its 3rd annual Award for Excellence in Insurance Law to John F. Evans. The Award was created to recognize and thank outstanding members of the Ontario Bar Association for their exceptional achievements, distinguished service and contributions in development of insurance law; leadership in the profession; and maintaining the highest standards of professional competence as well as the highest levels of honesty, integrity and civility.

On April 14, 2008, John F. Evans, Q.C. and Andrea M. Hill obtained a mareva injunction against a Canadian corporation. The order prohibited the corporation from disposing of any of its assets pending the return of the motion.

On April 11, 2008, John presented a paper, “Resuming Hostilities, The Court of Appeal: Winning It All With The Big Guns” at The OBA’s Signature Series “Sharpening the Sword II: Tactics and Strategies for Lock N’ Load Litigation” chaired by Eugene Meehan and Jamie Trimble. John shared that stage with a Judge of the Ontario Court of Appeal. Andrea M. Hill assisted with the preparation and research for the paper. For further details or to obtain the seminar publications please click here.

On April 2, 2008 Liza Sheard took part in a Panel Discussion on Emerging Trends Outside Toronto at the OBA’s Toronto seminar entitled “Emerging Trends in Estates and Trusts: What Does The Future Hold”. For further details or to obtain the seminar materials please click here.

On April 2, 2008, Liza Sheard participated in a panel discussion “Emerging Trends Outside Toronto” along with Ross F. Earnshaw and moderator Justin W. de Vries at the OBA Conference “Emerging Trends in Estates and Trusts: What Does the Future Hold?”

On March 27, 2008, Michael Bordin presented two papers at the 3rd Annual Current Issues in Commercial Litigation put on by the Hamilton Law Association. Michael’s paper “Courtroom Etiquette – The P’s and Q’s and Why’s” was delivered to the young lawyers section. Later in the day, Michael delivered the LawPro portion of the seminar on the topic of Dealing With Difficult Clients.

On February 14, 2008, Liza Sheard presented a paper, “LawPRO Presentation – Confessions of an Estate Litigator: Solicitors Be on Guard” at the 6th Annual Estates and Trusts Seminar. Liza’s paper dealt with communication errors for estate solicitors and resulting in dreaded malpractice claims in will and estates-related matters.

On February 7, 2008, Paul Sweeny was one of the city’s advocates providing mentorship at an Advocates’ Society event. Over 25 aspiring new advocates took advantage of the intimate unstructured dinner table opportunity to learn from the seasoned Paul, who is a director of The Advocates’ Society and also organized the event. Paul enlisted Bob Munroe, The Honourable Justice Jane Milannetti, Jim Scarfone, Michael Emery and Helen Pelton to join him as mentors for the evening.

February 6, 2008 – Ontario Court of Appeal sets aside two orders of foreclosure The Court of Appeal set aside the foreclosure of a $550,000.00 mortgage on $18 million of development land in Niagara area. Evans Sweeny Bordin LLP acted for the Appellants. See full decision by clicking here.

John F. Evans, Q.C. and Andrea M. Hill appeared before Justices Feldman, Watt and MacFarland who set aside the foreclosure and award costs to the Applicant.

On February 5, 2008, Liza Sheard presented a paper “Disputes Involving Joint Accounts and Investments” on the complexity of estate planning and estate litigation due to the dynamics of today’s family and the accompanying financial consequences. Liza’s principal point was that “as in every case, consideration must be given to the costs and benefits of all steps in litigation. However, estate litigation is rarely a contest governed by business considerations but is more often driven by the deep emotions of the parties”.