Continuum OSGOODE HALL LAW SCHOOL OF YORK UNIVERSITY ALUMNI MAGAZINE WINTER 2003 Ontario’s Front Line A look at Osgoode alumni in Ontario’s highest political and judicial offices Osgoode’s High-Tech Revolution, Page 12 • Teaching in China, Page 17 • A Native Powerhouse, Page 20 ( think big ) Make a Commitment And plant the seeds. We’ve established the Osgoode Hall Every gift is important because every dollar donated to the Law School Fund – an annual fund intended to generate a Osgoode Hall Law School Fund is put to work right away: dependable source of yearly income for the School – because to recruit top quality faculty, to develop new curriculum, to we’re committed to continuing the Law School’s proud tradi- offer financial assistance and scholarships, and to integrate tion of academic leadership and excellence in legal education. new technology into the classroom. We need your financial support to help ensure that At Osgoode Hall Law School we’re thinking big, and with Osgoode Hall Law School graduates have the skills to take your help and commitment we will plant the seeds to grow their place on the leading edge of the profession, and as the Osgoode Hall Law School Fund. they have for decades, play their part in shaping the legal system in Canada. To make your Osgoode Hall Law School Fund donation contact: Advancement Office, Osgoode Hall Law School, York University, 4700 Keele Street, Toronto, ON M3J 1P3 416-736-5638 Online donations: www.osgoodealumni.ca CCoonnttiinnuuuumm C O N T E N T S (cid:13) Osgoode Hall Law School Alumni Magazine FEATURES Winter 2003 Volume XXV Number 3 7 Ontario’s Front Line EDITOR Ten Osgoode alumni, including Ontario Premier Ernie Eves, Virginia Corner (416) 736-5820 have risen to Ontario’s highest political and judicial posts. [email protected] 12 Osgoode’s High-Tech Revolution MANAGING EDITOR Gillian McCullough Making the best use of information technology enhances CONTRIBUTORS Osgoode education. The Honourable Madam Justice Sandra Chapnik ‘76 17 Teaching in China Virginia Corner Anita Herrmann A teach-abroad partnership with our sister-school in Dean Peter W. Hogg Chongqing, China provides unique teaching and learning Dean Jobb opportunities for Osgoode students. Gillian McCullough Rebecca Segal Andrew Stelmacovich 20 A Hero to his Native People Phil Surguy Bernd Christmas ‘91, Chief Executive Officer of Cape Breton’s Martha Tancock Christine Ward Membertou First Nation, is using his corporate-law savvy to help a lot of people. DESIGN AND PRODUCTION Wright Ideas Inc. RJM Print Group DEPARTMENTS PHOTOGRAPHY Babak Michael Creagen 2 Message from the Dean John Dawson Nik Sarros 3 Message from the Alumni Continuumis published once a year by Osgoode Hall Law School of York Association President University for alumni and friends. Ideas and opinions expressed in Continuum 4 Alumni Gold Key Awards do not necessarily reflect those of the editors, Osgoode Hall Law School or York University. 5 In Brief We invite your letters and comments, and hope that you will keep us posted on 22 Staff News where you are and what you’re doing. Please use the enclosed reply card or send correspondence to: 24 Faculty News Continuum 25 Fund Raising Advancement Office Osgoode Hall Law School of York University 27 In Memoriam 4700 Keele Street Toronto, On M3J 1P3 Telephone (416) 736-5638 28 Homecoming and Reunions Fax (416) 736-5629 E-mail: [email protected] 30 New Books Osgoode Web Site: www.osgoodealumni.yorku.ca 32 Class Notes Printed in Canada ISSN 0318-1295 M E S S A G E F R O M T H E D E A N The March of Excellence This will be my last message in Continuum, because this academic year is the last of my five-year term as Dean, and a year later (having turned 65) I will retire from the University. I love writing and teaching, and I hate daytime TV, so I expect to continue my normal academic activities in the future, albeit at a somewhat less busy pace. In the first two years of the Deanship, I developed a Plan for the Law School, which has guided our development over the ensuing years. Following Dean Peter W. Hogg the Plan, we have developed the use of information technology in our teach- ing, our administration, and in our communications. We have expanded small-group teaching in first year, introduced more systematic teaching of pro- fessional responsibility in first year and in upper years, introduced a writing requirement into upper years, introduced more structure and better progres- I love writing and sion (in the form of curricular streams) in the upper years, and greatly expand- ed opportunities for our students to take a semester of study abroad. teaching, and I hate The research-stream graduate program has grown to 60 students, about half of them pursuing doctorates. Our coursework LLM, now taught from our daytime TV, so I new Professional Development Centre in downtown Toronto, has nearly 400 part-time students pursuing 12 different specialties. We are starting to use expect to continue video-conferencing and Internet technologies to offer these programs in cen- tres outside Toronto. During the fall term (with my colleague Patrick my normal Monahan), I taught a constitutional law LLM class that met on Wednesday nights in Toronto, Ottawa and Regina – a wonderful experience for Patrick academic activities and me, and I hope for the students. We have improved services for our students, including a financial assis- in the future. tance officer, who administers a huge program of financial aid to students who now struggle with high tuition. We have two career services professionals, who provide the information and help with the skills necessary to find summer and articling jobs (and who will help alumni with career moves as well). Academic support for students in difficulty, and administrative support for study abroad programs have also been enhanced. We have a strong advancement team of four professionals who help with fund raising, alumni relations and communications, and I hope that readers of Continuum have noticed that these functions are more effective than ever before. At the last two Convocations, the graduating students astonished me (and everyone else) by giving me a standing ovation when I got up to deliver the Dean’s address. Those were moving experiences. Working with the students (who continue to be very active in Law School affairs) has been one of the great joys of being Dean. I think that the students, the faculty and the alum- ni share my sense that Osgoode is the best place to be, and that we must keep on working to make it even better. (cid:0) 2 Continuum 2003 MESSAGE FROM THE ALUMNI ASSOCIATION P R E S I D E N T Excitement About the Possibilities Still to Come Madam Justice Sandra Chapnik, It has been such a busy year for the ed to young alumni. And that’s just Alumni Association President Law School, the Alumni Association to name a few initiatives. and the Advancement team that I As we look ahead to 2003, I am hardly know where to begin. excited about the possibilities still to To start, I would like to offer come. With the guidance of Gillian greetings to fellow alumni from the McCullough, the Alumni Association 2002-2003 Osgoode Alumni Alumni Association and my fellow will become more actively involved in Association Board of Directors Board members. I would also like to the strategic planning process, engage express our appreciation to two long- alumni in campus life and look for President standing Board members who have innovative ways to increase commu- The Hon. Madam Justice Sandra Chapnik ‘76 retired this year: Ian Beverley and nications with all alumni. Chair Rhonda Cohen. We thank each of I am looking forward to one Thomas Bastedo, Q.C. ‘69 them for their significant contribu- event, in particular. The Award of Vice-President tion to the Board of Directors and the Excellence Dinner will take place on Atul Tiwari ‘87 Law School. With the two vacancies Thursday, February 20, 2003 at comes change and two new Board which time the Law School will Dean Peter W. Hogg members – Elizabeth Goldberg ‘74 bestow its highest honour, the and Yair Szlak ‘00 – to whom we Robinette Medal, upon three distin- Assistant Dean(Advancement) extend a warm welcome. guished alumni: Austin M. Cooper, Andrew F. Stelmacovich Since this magazine was last pub- Q.C. (‘53), the Hon. Hilda M. Executive Director lished, we have welcomed a new McKinley (‘66) and Arthur R.A. Gillian McCullough Director of Alumni Relations, Gillian Scace, Q.C. (‘65). It promises to be a Directors McCullough; celebrated the Class of glorious evening, showcasing three of Calvin Barry ‘86, Hon. Judge Reuben Bromstein ‘69 2002 Convocation; established the our most illustrious graduates. I hope Penny Cader ‘91, Caroline Clark ‘97 Dean’s Newsletter; completed an many of you will join us on this spe- Andrew Evangelista ‘92, Verlyn Francis ‘95 alumni survey; and launched a new cial occasion. Elizabeth Goldberg ‘74, Sally L. Hannon ‘86 Web site (www.osgoodealumni.ca). As you can tell, there are many Hon. Mr. Justice Harry LaForme ‘77 In addition, we have celebrated nine opportunities for Osgoode alumni Timothy M. Lowman ‘78, Philip B. McMullen ‘93 class reunions; awarded the Alumni involvement. On behalf of the Board of Loretta P. Merritt ‘85, Peter J. Osborne ‘90 Gold Key Award to nine of our Directors of the Alumni Association, Nicholas P. Paul, Q.C. ‘60, David G. Purvis, Q.C. ‘70 most outstanding alumni; held a suc- we welcome your active participation Mohan Sharma ‘97, Gilbert Sharpe ‘72 cessful Homecoming weekend fea- in alumni affairs. Whether it is cele- Peter Straszynski ‘91, Yair Szlak ‘00 turing guest speaker Madam Justice brating a class reunion, homecoming, Bonnie A. Tough ‘76, Barbara Walker-Renshaw ‘99 Louise Arbour; established two new volunteering in your local area, Chapters of the Alumni Association; becoming a mentor or recognizing a President of Legal & Lit welcomed the Class of 2005; placed fellow graduate, the success of these Shannon Rattray, Class of 2003 220 first-year students with mentors programs depends on you. Get Faculty and developed a seminar series target- involved and stay connected! (cid:0) Ian A. McDougall ‘71, Patrick J. Monahan ‘80 Marilyn L. Pilkington Continuum 2003 3 GOLD KEY AWARDS s o r r a S k Ni y b y h p a r g o ot h P Congratulations to our 2002 Gold Key Award recipients (standing, from left to right):Nicholas P. Paul, Q.C. ‘60; Reuben M. Rosenblatt, Q.C. ‘59; A.Winn Oughtred ‘67; Bonnie A. Tough ‘76; Judy N. Boyes, Q.C. ‘79; Linda L. Fuerst ‘81; Ronald D. Manes ‘71; Art Vertlieb, Q.C. ‘72; and John H. Tory, Q.C. ‘78. (In the front row, left to right) :The Honourable Madam Justice Sandra Chapnik ‘76; Verlyn Francis ‘95; and Dean Peter Hogg. T he Board of Directors of Osgoode Hall Law School Alumni Association has created an award known as the Osgoode Hall Law School Alumni Gold Key Award to honour outstanding alumni who have made contributions to the Law School. Do you know This is your opportunity to nominate an Osgoode alumna or alumnus for a prestigious Gold Key Award, which will be given out on Saturday, October 4, 2003 as an exceptional part of Homecoming Weekend festivities. The Awards Committee shall consider the following criteria in making its selection: Osgoode •contribution to the quality of education and welfare of the Law School; graduate? •promotion of the Law School nationally and internationally; •support for Student Services through supplementing and diversifying the educational experiences available at the Law School, and Nominations may be mailed or e-mailed to: •recognizable contribution to the community at large. Advancement Office Room 415 Nominations must include the following: Osgoode Hall Law School •statement by the nominator outlining why the candidate should receive the Award; York University 4700 Keele Street •letters of reference from two people who are familiar with the candidate’s Law Toronto, ON M3J 1P3 School contributions; Fax: 416-736-5629 or •any other supporting documents. E-mail: [email protected] Phone: 416-736-5638 Deadline for receipt of 2003 nominations is Friday, May 2, 2003 For more information, visit the Alumni Web site at www.osgoodealumni.ca 4 Continuum 2003 I N B R I E F OSGOODE ALUMNI SHINE IN LEXPERT MAGAZINE SURVEYS Results of three Lexpert other top talent.” The Magazine surveys in 2002 selections were made on confirmed that Osgoode the basis of such things as alumni are at the top of questionnaire scores and k their game. endorsements from firm a b a The first survey, which colleagues, high IQ, and Paul Martin, former Finance Minister and touted successor B ran in the July/August high Emotional to Prime Minister Jean Chrétien, outlined a platform of House by issue, identified Canada’s Intelligence (EQ) and per- of Commons reforms during a speech Oct. 21 to Osgoode hy p Top 25 Corporate sonality assessment. students. Left to right:Associate Dean Patrick Monahan, a r Litigators and “what The following 11 Legal & Literary Society President Shannon Rattray, og makes them tick.” The Osgoode alumni, culled Paul Martin, Dean Peter Hogg. hot following five Osgoode from a list of 5,344 poten- P alumni – the most alumni tial candidates, were singled GERMAN SCHOLAR WINS SPRING CONVOCATION from any one law school – out as “top performers:” DIEFENBAKER AWARD 2002 made the list: Gunther Teubner,a profes- Professor William Cameron Belsher LLB ‘87 sor of private law and legal Twining received his Earl A. Cherniak, Geoffrey Belsher LLB ‘91 sociology at the University Honorary Doctor of Q.C. LLB ‘60 Paul Boniferro LLB ‘91 of Frankfurt and a perma- Laws (LLD) degree from Lerner & Associates LLP Tamara Farber LLB ‘93 nent visiting professor of York University and Thomas G. Heintzman, Sandra Forbes LLB ‘90 comparative law and legal addressed convocation at Q.C., O.C. LLB ‘66 Michelle Lally LLM ‘98 theory at the London the Osgoode ceremony McCarthy Tétrault LLP Lynn McGrade LLB ‘88 School of Economics, will on June 14. Formerly James A. Hodgson LLB ‘70 Vincent Mercier LLB ‘88 spend a year researching at Quain Professor of Hodgson Tough Shields Peter Osborne LLB ‘90 Osgoode as winner of the Jurisprudence at Harvey T. Strosberg, Alon Ossip LLB ‘88 2002 John G. Diefenbaker University College, Q.C. LLB ‘69 John Tobin LLB ‘87 Award. The award provides London, Twining has Sutts Strosberg LLP $75,000 from the Canada been highly influential in Benjamin Zarnett LLB ‘75 Council for the Arts, and a defining new approaches In the third Lexpert sur- Goodmans LLP travel allowance of $20,000 to legal education and vey, which ran in the from the Social Sciences legal research in the November/December Then in September, the and Humanities Research United Kingdom and issue, Osgoode had the magazine published the Council of Canada. around the world. third largest number of results of its survey of the graduates among the Top Top 40 under 40 lawyers 30 Corporate Dealmakers. in Canada, and Osgoode The Osgoode alumni are: had the highest number of graduates of any Canadian Alan Bell LLB ‘73 law school. Blake Cassels Graydon LLP The Lexpert survey, which examined 28 prac- Neil de Gelder LLB ‘78 Borden Ladner Gervais LLP tice areas, defined a top performer as someone David Jackson LLB ‘72 Blake Cassells Graydon LLP who “adds 127 per cent or more value than an aver- Dale Lastman LLB ‘82 Professor Harry Arthurs (centre) was awarded the first-ever age performer and that he Goodmans LLP Killam Prize in the social sciences on April 25 at Rideau Hall. or she can be a magnet for With Arthurs, from left to right, are: Dean Peter Hogg, Professor Susan Drummond, Penny Arthurs, and York University President Lorna Marsden. Continuum 2003 5 I N B R I E F In mid-November, the Professional Development Left to right: O Mariana Semini, Program hosted a week- Pam Ryder-Lahey, long session for the Larry Taman, Albanian delegation, which Vangjel Kosta, involved finalizing the John Claydon, materials as well as demon- Tefta Zaka, Arta Mandro strating and practising a variety of teaching methods. “One of the objectives of the project is to create a F team of trainers who can continue in Tirana on their own,” Semini explained. ning proposal to design OSGOODE HELPS TRAIN ALBANIAN JUDGES The final phase will four courses, as well as involve another teaching by Virginia Corner supporting materials, for education session in the Magistrates’ School in Albania early in the year, the areas of Alternative Mariana Semini, an associ- “As an institution, the and the new courses will Dispute Resolution, ate professor of law at Magistrates’ School has an be taught starting in Intellectual Property, Albania’s Magistrates’ obligation to raise the February. Private International Law School, is acutely aware of capacity and professional- “We have set up a and Courts the daunting challenges ism of judges in Albania,” friendly working relation- Administration. Taman, judges face in her country. said Semini, a member of ship, one in which we are who is the founder of A fledgling legal system an Albanian delegation learning from each other Justice Reform with a poor record of who recently turned to and exchanging experi- International, is now enforcing judgments; Osgoode for help in course ences,” noted Semini. administering the project. uncertainty about the law development. “We have a Adds Claydon: “This The first phase was the due to foreign inspired leg- new generation of judges project reflects Osgoode’s completion of a needs islation and lack of pub- who need continuous long-standing commit- assessment, done by lished court decisions; lack training. However, the ment to improving the Claydon and Taman in of access to even basic legal budget of the school is a quality and administration Tirana in June of last year. sources such as treaties limited one. We need of justice and is also in line From July until November, binding on Albania; and financial support to organ- with more recent initia- three Osgoode faculty little computerization make ize the training.” tives towards international- members (Claydon, Paul the Albanian judge’s job an Larry Taman, a former izing legal education at the Emond and Janet Walker, extremely difficult one. Osgoode faculty member Law School. Involvement with assistance from a col- It was with these issues and Deputy Attorney with such issues as course league, Professor Carys in mind that the General for Ontario, was design and teaching Craig) put courses and Magistrates’ School, which one of the first people to methodology, and the course materials together began in 1997 as a com- get wind of the World opportunity to recom- in collaboration with their pulsory three-year training Bank project. mend appropriate laws and Albanian colleagues – ground for lawyers in He, in turn, approached judicial practice in a coun- Professors Vangjel Kosta, Albania who want careers John Claydon of try that is building a new Arta Mandro and Mariana as judges, approached the Osgoode’s Professional legal system, has the Semini of the Magistrates’ World Bank for assistance Development Program and potential for enhancing School and Tefta Zaka, a in developing courses and then submitted what teaching and research at former judge of Albania’s materials for the school. turned out to be the win- Osgoode.” (cid:0) Constitutional Court. 6 Continuum 2003 C O V E R S T O R Y Ontario’s Front Line by Christine Ward It’s not every day that Osgoode can count a Premier, four Cabinet Ministers, a Chief Justice and two Associate Chief Justices among its alumni ranks but that’s exactly what’s happening in Ontario at the moment. The fact that two more Osgoode alumni recently stepped down as Chief Justice and head of the Ontario civil service, respectively, adds to the tremendous pride we feel in the accomplishments of these Osgoode graduates who are profiled on the following pages. Still, it would be good to see more female Osgoode alumni in Ontario’s highest political and judicial posts. Given that we have been admitting more females than males into our three-year LLB Program in recent years, and more female than male students in the graduating class of 2002 said they are articling with the federal, provincial and municipal governments, we expect that will happen in the future. t t t t t Continuum 2003 7 Carl De Faria Donald Ebbs Ernie Eves Minister of Associate Chief Premier of Ontario Citizenship & Justice of the Minister Ontario Court of Responsible for Justice Seniors Ask Carl DeFaria, LLB ‘76 about Donald Ebbs, LLB ‘67 surely It was 1967 and Ernest Larry Eves, Osgoode and he’ll tell you the remembers his Osgoode classes, then a 21-year-old, second-year politi- story of a semester spent giving especially the camaraderie of cal science and economics student at free legal advice at Parkdale Community the “grand ‘ole place” and the odd visit the University of Toronto, had yet to reply Legal Services. to the nearby courts when the lectures to Osgoode’s offer of admission. When “Parkdale affected me both personally were simply too much to handle. Professor R.J. Gray called, “I told him I and professionally because it’s a walk-in But he wants to talk about curling. had changed my mind and didn’t want to , practice for people who are struggling to It was 1965 or 66 and the night of the attend law school,” remembers Eves. make ends meet.” The experience gar- great electrical blackout that stretched That wasn’t good enough for Gray. nered DeFaria a handful of like-minded from Boston through eastern Canada. “I At lunch a short time later, the Assistant law school friends and a focus for the was on the rink taking the breaking shot Dean made an earnest plea on behalf of kind of community-oriented practice he for the Osgoode team when the lights Osgoode. Eves laughingly claims that Gray aspired to after graduation. went out. We could hear the stone hit, had as much to say about the benefits of DeFaria and his wife, Riina, also an but we had no idea which way it went.” attending Osgoode as he did about the Osgoode grad, opened their own small, On the rink and off, Ebbs worked hard, Law School’s golf team. “He told me a law storefront law firm just a few blocks graduating from Osgoode a few years later degree is something no one can ever take north of Parkdale in 1978. He contin- and spending four years in general practice away. And, besides, he said, we sure could ued to practice private criminal and in his hometown of Peterborough. In use someone with a single handicap.” constitutional law until being elected to 1973, he founded his own firm with two By the time Eves graduated in 1970, the Ontario Legislature in 1995 as the others. He devoted the next decade to he was in the top fifth of his class. “He MPP for Mississauga East. He was re- wide ranging practice that included real wasn’t a gold medallist,” remembers Gray, elected in 1999 and currently serves estate and criminal law, and some munici- now an Osgoode professor emeritus who alongside fellow Osgoode alumnus pal work — the kind of varied legal servic- taught torts and medical-legal law, “but Premier Ernie Eves as the Minister of es that are critical to a small town. he was in the top part of his class [and Citizenship and Minister Responsible Then, in 1983, Ebbs was appointed to he] was terrifically affable, the kind of a for Seniors. the Bench. He presided in Windsor guy that his peers liked and respected.” “I wanted to go to Osgoode because and London before being assigned to Other professors of that era scratch of its excellent program. At the time Toronto in 2001. In addition to being their heads. They can’t picture Eves in Osgoode was — and still is — one of Associate Chief Justice of the Ontario their classes. Why would they? He was- the best law schools in Canada,” says Court of Justice, Ebbs is responsible for n’t theErnie Eves then. the Minister, who financed his studies overseeing the province’s 310 Justices of But Eves remembers Osgoode. with night and weekend work as an the Peace. “Most striking,” he says, “was the emergency social worker for the Peel Thirty-odd years after graduating, he camaraderie and collegiality of the peo- Children’s Aid Society. says a lot of Osgoode students remain ple I went to school with, students and Still, DeFaria says he wasn’t prepared his good friends. Of the 200 or more professors alike. And the practicality of for the intense studying it takes to earn an students who began their legal education the degree. It was down-to-earth knowl- LLB. “The amount of reading in first year with Ebbs in 1964, about 160 graduat- edge taught by practising professionals.” really shocked me. I don’t think I adjusted ed. “The combined theoretical and Back then, Eves’ wife might have until sometime in my second year.” hands-on, practical training served us thought otherwise. At last year’s Bruce While he describes most of his profes- well,” says the Associate Chief Justice. Bryden Alumni Recognition Awards din- sors and fellow students as supportive, Now, about that curling stone. Ebbs ner at York University, where he was pre- the self-described “average student” is says he honestly doesn’t know where it sented with a Bruce Bryden Alumni equally certain his appointment to the hit. But he still can’t help but wonder if Recognition Award for Achievement for Eves Cabinet took them all by surprise. he won the game for Osgoode. political and community service, Eves “For sure, no one would have expect- told the story of returning home from ed me to become a Cabinet Minister!” class with the news that he had earned top marks in taxation law. “Tax law?” his 8 Continuum 2003