though it found the Mr. Greenspan’s argument “beguilingly attractive”, affirmed the Supreme Court (now Superior Court) decision of Justice Kurisko that the Trial court had no jurisdiction to permit a “collateral attack” on the Order.

The Supreme Court of Canada dismissed the Mine’s further Appeal. The whole process took six years; such was the level of Mr. Greenspan’s dedication and persis-tence.

Mr. Greenspan was known for his quips. One of my favourites comes from a Court of Appeal decision involving a Judg-ment in which the Trial Judge had borrowed heavily from the Crown’s factum. Mr. Greenspan argued, “somewhat rhe-torically”, as the Court said, that the only judicial tool the judge had brought to the task of writing his decision was a stapler.

Peter Kirby

I did not know Edward Greenspan; but I did have one close and two real encounters with him.

Once was as an Articling Student. I was at the courthouse in Wood-stock, and heard later that Mr. Greenspan had been there, asking for the courtroom to be cleared, cleared of a bee. He was afraid of bees.

My second encounter was at an Advocacy Course held at Osgoode Hall law school. I was cross-examining. The mentors were Mr. Greenspan and now Supreme Court of Canada Justice Rosalie Abella. After I finished my examination, Mr. Greenspan said dryly, but not with any ill-will, “you just got killed.” It took me years to learn any semblance of the art; but I was happy to have been wounded by a master.

I heard him deliver a clos-ing jury address at the same Course. He read from his notes; but no matter. He was crisp and clear and persuasive. He demonstrated the pres-

ence, which led him to be considered one of Cana-da’s greatest lawyers. Certainly, he was a leader and an inspiration.

The third encounter was right here in Kenora, in 1992. Mr. Greenspan was arguing the Maybrun Mines case. The Mine was charged with failing to obey an Order to properly store and clean up PCBs. Mr. Greenspan appeared in court in a seersucker suit and we exchanged greetings in the hallway.

One of his arguments Mr. Greenspan made, though this does not appear in any of the appellate judg-ments made on this case, was “selective prosecu-tion.” He argued that Ontario Hydro had gener-ators sitting at its depot on Rabbit Lake Road and was allowing them to leak with no consequence. Justice Fraser made the Trial decision, finding that the Mine could challenge the validity of the clean-up Order and acquitting the Mine of three of four charges. However, the Ontario Court of Appeal,

Close Encounters with Edward Greenspan

Inside this issue:

Kimberly Riediger 2

Carlynne S. Bell 2

Correction 2

Harold Machin 3

Photo Album 4

April CPD 5

New in the Library 6

Kenora District Law Association

KDLA News APRIL 2015

Edward Greenspan Feb 28, 1944-Dec 24 2014

KDLA ANNUAL MEETING

Friday, April 24, 2015 1:45-3:30

Minis Hall, Kenora Super 8 Hotel

of A. T. Fife (see Hardware Co. building on Main Street) who was also a veteran of the Great War and member of the Kenora Light Infantry. 

Courtesy of Braden Murray of the Lake of the Woods Muse‐um, I am including a photo‐graph of Mr. Cooke. 

 

Submi ed by Mark Mymko 

Last issue I submi ed and ar cle on Henry Cooke veter‐an of the Great War, Com‐manding Officer of the Keno‐ra Light Infantry and a former President of the Kenora Law Associa on. 

I made an error and sub‐mi ed the wrong photo‐graph.  The fellow in the sub‐mission was actually a photo 

HOOK SELLER & LUNDIN LLP WELCOMES KIMBERLY RIEDIGER

CORRECTION

land, Australia, and worked at a reputable Gold Coast law firm, in their personal injury and family law departments. Here, Carly developed a passion for advocacy on behalf of her cli-ents and their families. Car-lynne was called to the Ontario Bar in January 2015. In her spare time, Carly loves

practicing yoga, weight train-ing, snowshoeing, cross coun-try skiing, down hill skiing and has a passion for reading and writing. Her passion for out-door activities drew her to put down roots in the Dryden area.

NEW AT McAULEY & PARTNERS :CARLYNNE S. BELL

Carlynne graduated from Brock University (B.A., Hons), she then travelled to Australia to complete her Juris Doctor and Post Graduate Diploma in Legal Practice (Grad.Dip (Leg Prac) Hons). Following law school, Carlynne was admitted as a Lawyer of the Supreme Court of Queens-

Born and raised in Kenora, Kimberly graduated from Bea-ver Brae Secondary School before heading to Southern Ontario to pursue a higher education, receiving a BBA (Hons) from Brock University in 2011. It was during her un-dergraduate degree that she completed an employment law course, culminating in a busi-ness-degree version of a moot,

which unearthed a passion for advocacy that led her to realize that legal studies seemed like a “natural fit”.

While excited at the thought of pursuing a career in the legal field, Kimberly’s passion for travelling caused her to make the decision to attend law school in Australia where, in

her final year, she held a Direc-tor position with the Law Stu-dents’ Association. She com-pleted her LLB in November 2014 and was admitted to the Supreme Court of New South Wales in February 2015. She is currently studying for her Ca-nadian equivalency exams and upon completion plans to commence her articles at Hook, Seller & Lundin LLP.

Caption describing pic-ture or graphic.

Page 2 KDLA NEWS

Major Henry Por-ter Cooke (1884-1936)

Carlynne S. Bell was called to the Ontario Bar in January 2015.

Further to my submission in the December issue regarding Henry Cooke (and the included, correct photo) the following is a brief history of Harold Machin, an-other past President of the Ke-nora Law Association.

HAROLD ARTHUR MACHIN

(May 9, 1875 – October 13, 1931)

Harold Machin was born in Rochester, New York in 1875. He was the son of a missionary living in Canada. He was a member of the Kenora Law Association and President during the 1920’s.

He served with the Canadian contingent in the South African (Boer) War (there is an impres-sive monument to the war on University Avenue in Toronto across from Osgoode). He saw action in various engagements in the war and received the Queen’s Medal and the King’s Medal for his service (Victoria was succeeded by Edward VII in the course of the war). During his time in South Africa he mar-ried Ida Knight in 1902. Ida’s father made a fortune in dia-monds and gold in South Africa. She returned with Harold to Kenora after the war.

Harold was involved in the gold mining boom in the Lake of the Woods region. He opened the Mikado gold mine on Shoal Lake.

Aside from his mining interests, Harold studied law at Osgoode Hall and was called to the bar in 1898 following which he set up practice in Rat Portage.

During the First World War Harold again saw service and was given the responsibility of raising a new Battalion in the Kenora-Rainy River District for overseas service, the 94th Battal-ion, which sailed for England in June 1916 on RMS Olympic (sister ship of Titanic). Interest-ingly two battalions were to sail to England but one was to be broken up to fill other units, to decide which would be broken up there was a coin toss and the 94th was broken up, Harold lost the call.

He served overseas and in 1918 became the Director of the Mili-tary Services Branch, which is where he connects up with Hen-ry Cooke (see December issue of newsletter). Ironically, one task he was given was to “put a stop” to the large numbers of Canadi-an service men who were getting married in England. 

Aside from his service for the country, mining interests and law practice, Harold was a politician. In June 1908 he was elected as the representative for the Keno-ra riding to the Provincial Parlia-ment as a member of the Con-servative Party. He was a mem-ber of a variety of committees, was well noted for actively op-posing anti-French and Catholic bigotry and a fierce opponent of Conservative Premier William Hearst’s Temperance Act (see include excerpt from Hansard). He sat as a member of the House until his defeat in 1919 to Peter Heenan (Labour), having run as an Independent candidate in that election.

Harold and Ida had two children and resided at their home on the lake in Kenora They later moved to a home on Shoal Lake at Gold Point.

Many of the furnishings for their home were brought from Ida’s family estate in England, some of which are on display in the Victorian parlour at the Lake of the Woods Museum in Kenora.

Harold passed away October 13, 1931 following a lengthy illness. The Township of Machin is named after him.

 

Submi ed by Mark Mymko 

Past Presidents of the Kenora Law Associa on

Page 3

Harold studied law

at Osgoode Hall

and was called to

the bar in 1898

following which he

set up practice in

Rat Portage

EXCERPT from Mr. Machin’s address to the Ontario Legistlature (Hansard May 4,1919)

I find that within the last year, at a Church meeting held in Montreal, one zealous member proposed that we should all be compelled by law to attend church on Sunday. I admit that the resolution was lost, as even this worthy’s confreres thought it was a bit too drastic. During the was there have been cases here and there where societies and prominent individuals have objected to “sending cigarettes to our soldiers at the front.” Am I going too far when I say that tobacco will be the next thing to be attacked by the sin-hounds? Why not chewing gum, picture shows, high heels for women’s shoes, theatres, dances, ice cream, candies, face powder, rouge, etc.? I have heard it said that chewing gum develops unnatural muscles in the face; that some picture shows are harmful on account of the ideas they put into the heads of the young and the old; that high heels promote curvature of the spine and hinder the natural function of women and so forth. The vegetarians would have us eschew meat and feed on vegetables and nuts, and so it goes on until soon we shall be denied the right to order our own lives. Already we see the evil effects of this legisla-tion in the terrible poison that is being used in place of properly made and matured liquor. Already we see the increase in the drug habit and the use of opium. Human nature requires diversion, pleasure and happiness. The normal human being hates coldness and austerity.

KDLA PHOTO ALBUM

Mark Mymko, ready to redeploy.

Page 4 KDLA NEWS

.

A VIEW FROM MY WINDOW

The buildings across the bay shine like gold in the early morning sun.

Mr. Justice Wright enthralls the audience with his story-telling at a dinner in honour of his retirement.

Madame Justice Pierce and Mr. Jus-tice Wright attended a wine and cheese reception in honour of Jus-tice Wright’s retirement.

Rushing River looks magical as the January sun slips behind the trees.

Page 5

KDLA SPRING CPD 

Minis Hall, Kenora Super 8 Hotel 

MENTAL HEALTH AND THE LAW Thursday April 23, 2015: Mental Health Issues in Criminal Law Chair: Sharon Scharfe, Legal Aid Ontario

1:00 p.m. Welcome and Opening Remarks: Simon Owen, President, KDLA 1:10 View from the Bench on Mental Health and Criminal Law: The Honourable Justice David Gibson (OCJ) 1:30 PTSD, Indigenous People and the Criminal Justice System: Rupert Ross, author and former Crown Counsel

2:00 Mental Health and the Criminal Justice System: Dr. Phillip Klassen, Psychiatrist 3:00 FASD and the Criminal Justice System: Jack Martin, Manager of Community Services (Kenora), William W. Creighton Youth Services; Amanda Brennan and Nuala Reid. 4:15 The Ontario Review Board: Peter Kirby, Lawyer 4:30-6:30 Cocktail Event , sponsored by Pace Law Firm

Friday April 24, 2015: Mental Health Issues in Civil Law Chair: Karen Seeley, McAuley & Partners 9:00 a.m. Mental Health Issues in Civil Matters: Case Studies 10:00 ODSP and Family Law: Sallie Hunt, Lawyer, NW Community Legal Clinic 10:45 Capacity Issues and Assessments : Dr. Sherry Reid-Walkiwiecz; Peter Kirby, Lawyer 12:00 Hot Buffet Lunch with Update for the Law Society of Upper Canada: Janet Minor, Treasurer, LSUC

1:45 KDLA Annual Meeting

You can register online, or print the registration form at our website www.kenoradistrictlawassociation.com/

 

Hutchinsons Search Warrant Manual 2015 

Law and Mental Disorder (Bloom & Schneider) 

The Law of Evidence (Paciocco & Stuesser) 7th ed. 

McLeod’s Ontario Family Law Rules Annotated 2014‐2015 

On the Road to Reconcilia on: Lawyering for Anishnaabe in Fly‐in Communi es 

Ontario Landlord & Tenant Law Prac ce 2015 (Fleming) 

The Portable Guide to Evi‐dence (Doherty) 4th ed. 

A Prac cal Guide to e‐Discovery in Canada (Aus n & Landry) 

A Prac cal Guide to the GST/HST 7th ed. 

Real Estate Transac ons (Perell) 2nd ed. 

To Right Historical Wrongs (Murdocca) 

NEW BOOKS

2014‐15 Annotated Ontario Children’s Law Reform Act (Volikis & Jakubowska)  

2015 Annotated Indian Act and Aboriginal Cons tu onal Provisions (Imai) 

2015 Annotated Ontario Con‐struc on Lien Act (Glaholt & Keeshan) 

2015 Annotated Ontario Fami‐ly Law Act (MacDonald & Wil‐ton) 

2015 Annotated Ontario Hu‐man Rights Code (Lavender) 

2015 Annotated Ontario Land‐lord and Tenant Statutes (Butkus) 

2015 Annotated Ontario Rules of Criminal Prac ce (Segal & Libman) 

Annual Review of Civil Li ga‐on 2014 

Benne  on Bankruptcy (Benne ) 17th ed. 

Canadian Criminal Law (Stuart) 7th ed. 

 

NEW CLE

From LSUC

3rd Annual Human Rights Sum‐mit 

5th Annual in‐house counsel summit 

19th Annual intellectual prop‐erty law: the year in review. 

22nd Annual Immigra on Law Summit 

The Annotated Alter Ego Trust and Discre onary Trust 

The Annotated Power of A orney for Personal Care 2015 

Commercial Priori es for Real Estate and Business Lawyers 2015 

Family Law Prac ce Basics 2015 

Impaired and “Over 80” 2014 

Indigenous Law Issues 

PRACTICE GEMS: Construc on contracts for real estate law‐yers 2015 

District of Kenora Law Association

District Court House 216 Water St. Kenora, Ontario P9N 1S4

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LIBRARY

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Wednesday, Friday 

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KDLA EXECUTIVE

President—SIMON OWEN 

Beamish & Associates, Sioux 

Lookout 

 

VP—ELAINE BRIGHT 

Pace Law Firm, Kenora 

 

Secretary/Treasurer 

SAYER DOWN 

Hook Seller & Lundin LLP, 

Kenora 

Recent Library Acquisitions

MEMBERSHIP FEES 

Membership invoices for 2015 have been prepared and mailed.  Fees are due April 30.  If you plan 

to withdrawn from the Associa on, please no fy Maria in wri ng at your earliest convenience. 

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only members may use our computers. 

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