Miskin Law Blog

Newt Gingrich Reborn and Reinflated

2012-01-20T13:37:00.001-05:00

We thought it was over and Mitt Romney had it all sewed up until events this past week. Newt Gingrich despite his heavy baggage has new wind in his sails and is back in contention. Iowa was taken from Mitt Romney in the vote certification and now Rick Santorum is the winner there but that will not help Rick. The other Rick, Texas Governor Rick Perry has withdrawn and now supports Newt. Meanwhile Mitt Romney with poor debate performance followed by his continuing to refuse to release tax returns while saying he only earned a small amount of money from speaker's fees (a mere $400,000 which would be a lot of money to an average person) last year. Further to that it came out that Mr. Romney has money stashed away in the Cayman Islands, a tax haven, and only pays 15% income tax while most people pay double that percentage. Romney is not the man anymore. He has fallen while Newt is reborn and reinflated. He is forgiven his numerous indiscretions because he says he is sorry, and he is in a very flawed field of candidates where he stands out as the best and the brightest. Maybe the third wife will become the First Lady. Michelle Obama need not pack up her family yet.

Mitt the Man

2012-01-11T22:32:00.000-05:00

Rick Santorum who lost the Iowa Caucuses to Mitt Romney by just 8 votes is now forgotten again as Romney wins the New Hampshire Primary by a large margin. Now his Republican opponents are trying to paint the former Massachusetts Governor as a "vulture capitalist" who "likes to fire people" and through his company Bain Capital made huge profits at the expense of the companies in which he invested and the 15,000 workers who lost their jobs. Newt Gingrich whose own grand ambitions were squashed by Romney advertising is now trying to destroy Romney with help from Texas Governor Rick Perry. There is no hope for any of the present candidates to catch up to Romney so unless someone new is able to join in the Race it will be Obama versus Romney in November.

Like the Grinch the Gingrich was Foiled

2012-01-02T11:54:00.000-05:00

Newt Gingrich was on the rise heading into the holiday season but everything he did before caught up to him with tough negative campaigning against him. As Republican Conservatives are running out of alternatives to Mitt Romney their last hope in Iowa is Rick Santorum. President Obama is smiling.

Season's Greetings

2011-12-10T08:08:00.000-05:00

Best wishes for the holiday season.

September 11 Ten Years After

2011-09-11T10:30:00.001-04:00

    It is 10 years since the terrorist attacks of September 11, 2001. This anniversary is commemorated with a new terror alert for New York City and Washington D.C. which brings even more attention to this year's time of remembrance. A new memorial with reflecting pools is opening in New York at ground zero. Americans are united for this day before returning to the usual political polarization and bickering which is keeping the country from effectively dealing with current problems. We are hopeful and thankful for our freedom and rights which have been preserved. We are thankful that through vigilance we have been spared a recurrence of the horrible events of 10 years ago. We are sad that so many have been harmed by wars in Afghanistan and Iraq which followed the events of September 11. The mastermind of that day, Osama Bin Laden, was finally killed in a battle with US forces in May of this year after he had been secretly living in a suburban home in Pakistan as authorities there turned a blind eye. His organization Al Qaeda continues his work and the world is as dangerous and full of hatred as it ever was.
   Canadians join Americans in the grief of the events we now commemorate. We think of those killed in the attacks including people from many countries including Canada. We should also think of the traumatized survivors who escaped with their lives but they continue to suffer indelible memories of the horror they experienced. We think of the brave passengers and crew of flight 93 which crashed over Pennsylvania as they fought off terrorists who had taken control of the plane. Those people heard what had happened to the World Trade Center in New York and could only imagine how their plane would be used if they did not stop it.
    We are grateful for our freedom and I hope the unity of this day will continue. Since 9/11 I have had a tradition of holding a mediation on that day where possible and since it is a Sunday I have a mediation set to go on Monday September 12. Let us all work to resolve our differences and to co-operate more for the common good.

Canada is a very big country

2011-06-12T12:01:00.004-04:00

In early June 2011, I visited the far north Territory of Nunavut, Canada for the first time. Nunavut became a separate Territory from the Northwest Territories April 1, 1999. It is the largest of the Provinces and Territories in Canada with the smallest population at about 28,000. Nunvut consists of 1,932,255 km2 (746,048 sq mi) of land and 160,935 km2 (62,137 sq mi) of water in Northern Canada.
I had been to Whitehorse in the Yukon and Yellowknife in the Northwest Territories before and wanted to see and get a sense of this vast northern place. I was there in the capital city of Iqaluit, at the invitation of the Canadian Bar Association's Nunavut Branch to present a seminar on Mediation over two days. My other goal for the visit was to fish for Arctic Char which are plentiful. Arctic Char are a form of trout (some say salmon) which are absolutely delicious and they are known as a fighting sport fish which I have always wanted to catch. This trip appeared to present a great fishing opportunity.
The City of Iqaluit in Nunavut is the smallest capital city in Canada with a population of about 7,000, few paved roads and no traffic lights. It is on Frobisher Bay which is part of the Arctic Ocean. Before it was called Iqaluit it was called Frobisher Bay named after the explorer Martin Frobisher who discovered it in 1576 while searching for the Northwest passage. The town was a US military base that was the staging point for the cold war defence system known as the Dew Line. The local airport has a huge landing strip originally built for the U.S. military. Back then Inuit were not allowed to live in the Town for security reasons and lived in an area called Apex which is now part of the City of Iqaluit.
Iqaluit is the now the capital of a territory set up for the Inuit people and it is the home of the least partisan government in the country. The Legislature sits in a circle with no party system. The Cabinet is the Government and those members of the Legislature outside of Cabinet are equivalent to the Opposition. Policy is presented by Cabinet and the slight majority of members outside of Cabinet have the power to vote it down if united but it appears most of what the Government does is by consensus.
The culture of Nunavut is mostly Inuit and there is much federal assistance to allow this still new Territory and new City to function and develop. Inuit art is impressive both in the form of sculpture and drawings. The art is famous across the world especially from the artist community of Cape Dorset southwest of Iqaluit. There is much encouragement in Nunavut of traditional Inuit life in the modern world which includes art, the controversial seal hunt which continues,traditional foods, clothing, language and building structures (many modeled after the traditional igloo). The Inuit are adjusting to modern urban life with difficulty in Iqaluit. Social services development is a high priority. There are no liquor stores for a reason. When I visited there had just been a tragic family murder suicide which sadly put Nunavut in the national news again in a negative light. Nunavut's reputation has been harmed by media coverage of its high suicide and crime rates but the people are very friendly and I felt very safe. Much of the crime and social problems are alcohol related and it tends to be within families. Many of the professionals working in Nunavut come from southern Canada. There are not enough of them to do the work and there are not enough Inuit with the skills needed for the modern world. Many people come to Iqaluit to work for higher than average wages on a temporary basis. There are great opportunities for Inuit but it will take time for them to get the necessary education to improve their conditions.
Iqaluit is just a tiny part of a vast territory in a very big country. I enjoyed visiting Iqaluit and hope that you will go sometime and see for yourself what it is like. When I was there the ice and snow had not yet left the Bay and River and I was unable to access the water to fish for Arctic Char. I bought some frozen smoked Arctic Char to take home and it is excellent. I will definitely return some time when summer conditions are there to fish. It was light outside virtually 24 hours of the day and I will definitely return in the winter when I will be able to see the Aurora Borealis (Northern Lights).
Yes, Canada is a very big country and Canadians should try to see as much of it as they can. Nunavut is the biggest part of Canada and I am honoured to have gone there, if only for a brief visit.

Vote on May 2nd or at an Advance Poll

2011-04-17T09:12:00.000-04:00

The last federal election in Canada was almost 3 years ago. Now it is everyone's duty to vote again. The last time it was the poorest turnout of voters ever in this country. This time should be different. The country is polarized and the issues and choices are fairly clear. People were waiting for the debates to get a sense of how it was going and as usual were disappointed by the format and the quality of debate. The campaign just got started after the debates and Canadians are beginning to pay attention. Interest has appeared to grow and some people are getting enthusiastic. It is clear that we have strong leadership in the 3 main national parties and the polls show greater approval for all three. Even Michael Ignatieff is showing some excitement. Young people are getting excited and getting involved. This is a good thing regardless of the outcome. In many countries people are fighting and dying to win the right to vote. Do not take your rights for granted. You have no right to complain about the Government after unless you do vote. Please take the time to vote on May 2nd or at an advance poll. The advance polls are open on Good Friday and on Saturday too.

Conservatives attack Ignatieff anonymously

2011-04-11T18:07:00.002-04:00

If you click on the title of this post you will be connected to a website registered under the country Montenegro (part of the former Yugoslavia) to persons unknown which makes unfair and potentially libelous personal attacks on Liberal Leader Michael Ignatieff. The owner of the domain name used a confidential registration system so their identity would not be known. It is called Domains by Proxy which is typically used by pornography sites and scams. To use this method to attack the Leader of the Opposition during a general election campaign is most improper in my opinion. The Conservative Party is approving this as the site says: ‎"Authorized by the Registered Agent for the Conservative Party of Canada". There are also links to the site at websites of Conservative candidates. I wrote to complain about this website being used improperly to Domains By Proxy and the following is their email reply:

IGNATIEFF.ME (Claim # 585656)
...
From:
"generalmanager@domainsbyproxy.com"
...
Add to Contacts
To: miskinlaw@yahoo.com

Dear Murray Miskin,

We are in receipt of your correspondence regarding IGNATIEFF.ME. Please be advised that Domains By Proxy ("DBP") provides a private registration service that allows its customers to register domain names without listing their contact information in the public WHOIS database. Since DBP is listed as the registrant of the domain name, it may appear that DBP operates or has an interest in the domain name or website. That is not the case; DBP is neither a domain name registrar, nor a hosting provider and has no control over website content.

Therefore, we highly recommend you contact the hosting provider (who can affect website content) and they will investigate the issue. Generally, the DNS name server operators (identified in the Whois listing) and the hosting providers are the same entity. For your convenience, we have listed the hosting provider below:

Hosting Provider:
Netfirms Inc
7030 Woodbine Ave.
Suite 800
Markham ON L3R-6G2
CA
+1-416-661-2100
abuse@netfirms.com

In addition to contacting the hosting provider, you may reply to this email and request us to forward your complaint and contact information to the customer. Unfortunately, we cannot guarantee the customer will reply, but this is yet another option for you to pursue.

Finally, should you still desire our customer's identity, we will require a properly served subpoena. You may view our subpoena policies here: https://www.domainsbyproxy.com/policy/Subpoena.aspx

Please let us know if we can be of any further assistance.

Very truly yours,

L. Villeneuve
Office of the General Manager
Domains By Proxy, Inc.

Canadian Election Choice has become Clear

2011-04-10T09:48:00.002-04:00

UPDATE NOTE WRITTEN MAY 4, 2011 - I REALLY CALLED THIS ONE WRONG!
Canada has a general election on May 2nd, 2011 which is the first election in almost 3 years. That is actually a long time to have gone with a minority government in Parliament and the choice now looks clear. Polls show that it is turning into a two way decision between re-election of a Conservative Government led by Stephen Harper or a Liberal Government led by Michael Ignatieff. The Bloc Quebecois campaign in Quebec has not been a strong one and the NDP has dropped in the polls from 20% to 13% with Jack Layton apparently having his last campaign. The Green Party environment message is not catching on this time and their focus is just on getting their leader Elizabeth May elected in one British Columbia riding.

Canada remains polarized and a shift has taken place already during this campaign as noted by the growing strength of the Liberals and the excellent campaigning done by their leader a very bright academic, during this campaign. The last Liberal leader, Stephan Dion, was a very bright but defenseless academic who was ridiculed by the Conservative campaign on a non-stop basis and this combined with his poor ability to communicate in English led to a million traditional Liberal voters staying home for the 2008 election. The result was a split Parliament with a stronger Harper minority having little willingness to compromise. That government survived an early challenge by an opposition coalition that wanted to do something about the 2008 recession that affected the world. They were able to hold off the coalition and adapt to bring in what was effectively a Liberal budget and strategy to help Canadian during that difficult time. Canada has done fairly well since then and the Government of Stephen Harper having taken credit, is now proposing major budget cuts to eliminate the deficit in spending that they created in order to survive. They also offer continuing immediate tax cuts for corporations and some incentives for individuals to begin once the deficit is gone. The focus of the campaign has been getting tough on crime. They are not talking about the $30 Billion plus for new fighter jets but they are proceeding if Harper is Prime Minister again. These are traditional right wing policies which present a sharp contrast to the center left opposition parties.

The Liberal campaign focus is called the "Family Pack" a group of policies designed to help families now and also to stop the corporate tax cuts and F-35 jet purchase. Michael Ignatieff has spoken clearly and eloquently in both English and French without the need for a teleprompter or notes. Unlike his predecessor Professor Dion, Professor Ignatieff is presenting as a highly competent leader overcoming the attacks that worked so well until the campaign got started. His image has gone from a negative to a positive.

The election campaign started with a statement of non-confidence in a minimalist budget but primarily opposition attacks on the ethics of the Harper Government with a litany of complaints of undemocratic methods and contempt for our democratic process. The Conservative response was that the ethics issues are really just partisan attacks and that Parliament finding them in contempt was a "Kangaroo Court". There are a significant minority including people who used to call themselves Progressive Conservatives, who are deeply offended by the ethics record of the current government but those are mostly people who would not vote for them anyway. Most voters do not follow the political process closely and don't care much about the process. The Conservative strategy was to raise generalized fear of a coalition including separatists and socialists led by the evil aristocratic foreign intellectual Professor Michael Ignatieff. Neither side's attack on the other in this campaign has worked and the election will be decided by a choice of how to approach economic problems and a choice of leaders.

The election outcome will determine the future direction for Canada. It is a very important election about something. It is a choice between two strong leaders: Harper or Ignatieff. If there is a high voter turn out and strategic voting by those who oppose the Harper approach, a change of government just might take place. One of the two major parties will emerge with more seats than the other but a majority in the House of Commons again appears elusive. The party with the most seats will form a government and have a lot of work to do. For Canada's sake we will need some co-operation to make it work.

Budget about Nothing will bring the House Down

2011-03-23T08:04:00.002-04:00

On the afternoon of March 22, 2011 Canada's Finance Minister Jim Flaherty on behalf of The Harper Government stood up in Parliament to introduce a budget designed to offend nobody and give at least a crumb to everyone. With nominal tax credits to many it is a "stay the course" budget which does nothing substantial for anyone. It is a cleverly crafted budget designed to draw the votes of those who really don't care about the Government in Ottawa. They can continue to ignore issues and wonder what all the fuss is about that should cause an election. It is indeed a "Seinfeld" budget. A budget about nothing.
The difference is Canada is not a comedy show and Canada needs more. This is a challenging time when so much more is needed. The undecided NDP who were reluctant to enter a campaign where they would as a result likely end up with less seats could not accept this budget. Jack Layton immediately announced that his party would oppose this budget because it does not do enough. The Official Opposition Liberal Party had already decided enough is enough and Harper and his cronies must go. The Quebec separatist Bloc Quebecois had also calculated that it would be a good time for them to make gains at the expense of the Federalist parties in Quebec. And so we will go to the polls in May.
Forget about this budget it is not the issue. The issues are really outside the budget. They relate to what the budget does not do. Jim Flaherty expressed surprise that people would raise the issue of $35 Billion or more for new jet fighter planes since it "is not in the budget". That is certainly an issue as is the failure of the Harper Government to be honest in divulging the full price and service costs of the new jets or the costs of new jails and "tough on crime" measures. The issue will be the ethics, attitude and values of the Goverment and the many indiscretions of the people in it such as Bev Oda, Maxime Bernier, Jason Kenney and Bruce Carson. There is the "in and out" scandal where improper election spending has led to criminal charges against Conservative Party officials. The main election issue will be contempt of Parliament even though a vote on that will be avoided by the nothing budget being defeated to trigger an election.
The question is are enough people watching and do enough people care to do something about the abuse and contempt Mr. Harper shows for our democratic institutions. There is no exciting alternative to inspire Canadians, but a new Government led by Michael Ignatieff will certainly restore the democratic Parliamentary process to governing Canada after 5 years of one man rule. This election is about something.

Is now the time for a Canadian Election?

2011-03-20T07:42:00.005-04:00

Canada's Parliament is not working and the Government of Stephen Harper has shown disrespect for the institution and democratic traditions in general. The issue in an election would be ethics and the issue would be Stephen Harper. The Prime Minister is a highly competent man who certainly is in charge but he is surrounded by incompetence and followers who have embarrassed him again and again. He must take responsibility for the people in his Government and their actions and for his own inappropriate style of one man governing. Polls show older Canadians are offended by the disrespect shown for our democratic institutions and an election may very well lead to a change of Government and restoration of Parliamentary democracy.

On the other hand the parties are not far apart on budget issues which are the most important ones. The Harper Government when threatened by a coalition of opposition parties at the late 2008, early 2009 beginning of the recession brought in a Liberal budget and labeled it as Canada's Action Plan. Canada has done reasonably well since then but it can be argued that the stimulus is ending too soon. The social democratic NDP is close to supporting the next budget with a few demands which are mostly going to be met. The NDP is in a crisis of Principle. How can they support a Government so contrary to their values for a few scraps of concessions to help regular Canadians? Many NDP members of parliament feel they will lose their seats in an election and do not look forward to bringing down the Government and entering a risky campaign. But the NDP will face greater risk and loss of core support if they allow Harper to continue and their party appears to be lacking in principle. The NDP leader Jack Layton is the most popular national political leader in Canada but his ability to lead will be reduced over time as health issues are affecting him. He is just recovering from surgery and could use a few months before an election. Meanwhile the Harper Government is taking credit for Canada's recovery in an expensive advertising Campaign at the taxpayers expense praising the benefits of the "Action Plan". This too is an ethical lapse by the current Government who would certainly criticize such spending if they were in opposition.

The alternative to Stephen Harper right now is Michael Ignatieff, the intellectual Liberal leader and former Harvard Professor with whom Canadians are not yet comfortable, but the comfort level appears to be growing as he works to appear like a regular guy. The Conservative attack ads that Ignatieff did not return to Canada "for you" have not hurt him as they are a few years too late. He has become one of the devils we know instead of the devil we don't know. For now he may become an interim Prime Minister for two or more years until a new generation of leaders appears and Canadians are likely to find that acceptable if not ideal. There really is not an ideal choice for anyone.

Looking at the world there are serious issues in Japan following the earthquake, Tsunami and nuclear crisis. Prime Minister Harper suggested that this is no time for an election with this nuclear problem in the forefront. Now Canada has jumped into a new, popular and easily winnable war with the Government of Libya represented by the one man rule of Colonel Khadafi (whose name may also be spelled starting with a G or a Q). Even though Canada's 6 fighter planes are not likely to arrive until it is over this move is one our Prime Minister is taking full advantage of to boost his image. His appearance at a meeting of world leaders in Paris on March 19th is calculated to strengthen his image at home as much as it is to contribute to the cause.

Mr. Harper is seeking the elusive majority in Parliament which will allow him to really have his way in ruling Canada. That is what many fear and voters remain likely to return a minority government. The current government would rather avoid an election now with so many scandals brewing and keep going than risk losing power.

The opposition parties, which fear a Harper majority more than anyone, are nervous about going into an election and may be more so now that Mr. Harper is leading Canada into a popular war. I suggest that unless the new budget contains unpalatable content it would be best to hold off on bringing down the Government for a few months and then target towards an Autumn election. By then the world events will have settled and the issue can perhaps be what it should: Stephen Harper. Do Canadians want the kind of government he has brought us or not? Once that is decided we are likely to have some stability in Federal leadership until the new generation arrives.

Lawyer Stress - Part 2

2011-03-06T12:24:00.004-05:00

This is a follow up to my January 26 post below regarding health issues facing lawyers and the stress lawyers face in their work. This followed the death of the second lawyer in Whitby Ontario that month with the first from a heart attack and the second being from a brain aneurysm. Some of the comments to that post (not all were published) seem to indicate that there is not much understanding from people in general about what it is like to be a lawyer or have a private law practice. The suggestion is that lawyers who may charge $300 or more for an hour of their time have little to worry about compared to the average working person.
The reality is that running a small law firm is like running a small business with very high overhead. What is grossed in income is a lot more than the net income and most lawyers who are not on salary are struggling week to week to pay their bills. My point is not to make people feel sorry for "the poor lawyers" but to get a sense of the stresses we face. There is constant financial pressure on lawyers to meet their payrolls, rent, insurance charges, equipment lease charges, tax obligations and many other expenses. Lawyers also feel pressure to live up to an image of success and try to appear successful with nice cars, homes, clothes,providing for their families, etc. Many lawyers live beyond their means and while this may be fun sometimes, it increases the stress and financial pressure on the lawyer.
The financial stress combined with the stress of the work is far more than most businesses and occupations. Lawyers who work for clients have to deal with their clients' problems and generally try to take the stress away from the client in their efforts to solve client problems. It is easy to feel the stress of the many clients which compounds the personal stress of their own lives and problems. Lawyers often feel overburdened by the time requirements of serving clients and if they go to court that itself can be very stressful and in time lead to burnout.
Lawyers have higher rates of addiction, mental health problems, suicide and other problems compared to the general population. There are services for lawyers in Canada and in Ontario there is the Ontario Lawyer Assistance Program (OLAP) www.olap.ca Unfortunately, lawyers, like most people are generally afraid to admit that they need help and to seek it when it is needed. Lawyers feel they can solve their own problems just like they solve their clients' problems but generally they can not. Lawyers tend to feel shame and embarrassment in seeking help believing that they are supposed to be perfect and not need it.
I have taken steps in my life and in the organization of my law firm to reduce stress and to stay healthy and I encourage everyone, not just lawyers to do the same in their lives. Exercise is a key part of that and I joined the new Trent University Athletics facility to increase my own physical activity level. I have been too busy to go there enough but I am trying. I have a long way to go in my efforts to stay alive and well. I do find a great deal of satisfaction in my 30 year career (so far) as a lawyer and I hope to continue for some time.

Lawyer Stress - Finding Work Life Balance

2011-01-26T07:51:00.002-05:00

Coming Soon a new post on this topic. This follows the sudden January 3rd death of my colleague and fellow Whitby lawyer Mark Seetner and then on January 22 the sudden death of Mark Scott who also was a fellow Whitby lawyer and a friend. Both of these lawyers were about my age and this horrible start to 2011 has really shocked me. I will be writing about the stresses of law and what people can do to preserve their health and live a good long life. That is my intention despite my family history of heart and cancer problems. Lots more to follow. Come back soon.

A New Year of Opportunity

2011-01-01T11:37:00.005-05:00

Welcome to the new year, 2011. It is just another day but it is a symbol for change and moving on from the year we leave behind. Life continues to change quickly for all of us. With a long weekend holiday we have a chance to reflect on the past year and think about how we can make this new year different. 2010 was a very difficult year for everybody, but especially for those who live in Haiti which was devastated by an earthquake. How lucky we are to be alive and to have the opportunity to make decisions and change our priorities and plan for the future. Let us work to make the world a better place. Let us remember the BP oil spill from 2010 and the lessons we need to learn from that man made disaster. 2011 begins with general optimism that tough times will not last forever. Except for the many unemployed people things are getting better. I wish you, your friends and family the best for 2011.

A Man of Peace

2010-12-15T15:34:00.005-05:00

Senior US diplomat Richard Holbrooke died on December 13, 2010. The late Richard Holbrooke served for many years as a US diplomat. He graduated from Brown University in 1962 and became involved with the war in Vietnam working for the Kennedy and Johnson Administrations. He played a significant role in the Paris Peace Talks to end the Vietnam War while still very young. His biggest accomplishment is brokering peace in Bosnia with the Dayton Peace Accord in 1995 while working for the Bill Clinton administration. Twice he was Assistant Secretary of State. At age 25 he was Assistant Secretary of State for East Asia and later as Secretary of State for Europe. He was also US Ambassador to the United Nations. Richard Holbrooke was trying to negotiate a peace in Afghanistan as President Obama's Special Representative when he died at age 69 following a suddenly torn aorta requiring major surgery from which he could not recover.
Richard Holbrooke was a great negotiator and a peace maker. He was the leading American diplomat of the past half century and we should honor him this Christmas season. Let Richard Holbrooke set an example to us and our children of public service and the urgency of peace.

It is Not a Ground Zero Mosque!

2010-09-15T22:08:00.010-04:00

There is already New York City approval for the construction of an Islamic Community Center including a place of prayer known as a mosque, close to the World Trade Center. Some people have made an issue of it suggesting it is an insult to victims of the 911 terrorist attacks. This suggests that the religion of Islam is responsible for the terrorism which is obviously not true. Those who destroyed the World Trade Center's twin towers (plus the West Wing of the Pentagon) and killed thousands of innocent people were from a radical Muslim organization and in no way representative of most Muslims. Many of the victims in the World Trade Center were Muslims. There was in fact a Mosque on the 17th Floor of the South Tower of the World Trade Center. There has been and remains a small mosque closer to ground zero than the proposed Islamic Center.
Let us now discuss the idea of a "mosque at ground zero". That is an incorrect statement first said by opponents of the proposed Islamic facility. Sadly, that description has caught on and this proposed facility is being characterized as if it were to be put on the site of the World Trade Center. There are approved plans for new memorial towers at the actual site that is ground zero. The Islamic Center is to be built NEAR there. There is no reason for fear of this. The suggestion that there should be no mosque there and distortion of facts is based on bigotry and an incitement of fear of Arabs. It runs contrary to the basic principles of freedom upon which the United States is based. Placing religious facilities of any and all religions NEAR the site of the World Trade Center is a positive step and should be encouraged in an open democratic society.

Miskin Law Reorganizing Again

2010-08-02T09:37:00.005-04:00

I have been a lawyer since 1981 and moved from Toronto to Whitby, Ontario in 1985 leaving the big city firm. Originally I worked with another lawyer in Whitby, David Gillespie, who went to Trent University with me before law school. We were Gillespie and Miskin practicing in Association with an office next to the Whitby post office. After 3 years I went on my own and made a big splash opening Miskin Law Offices in the former Whitby Public Library building, a 1914 Carnegie Library which had seen better days before. My wife Nancy and I restored the Library to its original condition and in the process Miskin Law became well known in Whitby and the surrounding areas.
The Miskin Law Practice expanded bringing in Associate lawyers at different times and moved to 4 different locations in Whitby trying to find the ideal arrangement. In late 2002 Ontario lawyers were first allowed to incorporate their law practices and our firm was one of the first to make this shift. As a corporation we included the Mediation services of Nancy Miskin and brought in two Associates including Michelle Brown, a personal injury lawyer, who has made a great contribution to the firm over the past five years. Michelle will soon be leaving the firm to start her own practice independently and I hope she has much success.
The Corporate model of law firm did not really work for us and we are in fact downsizing and trying to create greater efficiency. We are back to Murray H. Miskin, Barrister and Solicitor, in a solo practice of law. We are reorganizing staffing and trying to be more focused in what we do to better serve our existing clients.
We have given up our Yonge Street Toronto office and developed a more local focus in the Whitby and Peterborough communities where we continue to have offices. We are also expanding our national concentration with increased work on the Vioxx case and in getting compensation for victim of asbestos related diseases such as Mesothelioma. We will be marketing less and keeping a lower profile as we concentrate on serving the clients we have rather than growing larger.
I am now 55 years old and thinking that I will not be continuing this law practice for many more years. Running a law practice is extremely stressful and demanding. For almost 2 years my wife Nancy has been disabled, unable to work due to a very serious stroke and I spend a lot of time as a caregiver. It is my hope to slow down in my work and make a shift to doing exclusively Arbitration and Mediation work in 3 to 5 years. This greatly changes our law firm's approach and you will see it if you deal with us or come to us for a consultation on a new case. We will not be taking on as many new cases and we will stay closer to our areas of specialization such as serious motor vehicle accident and other injuries. We will serve our local communities and their general legal needs with work on real estate transaction and Wills.
Our website adrworks.com was started in 1997 and is one of the first legal websites in Canada. The site was completely revamped a year ago to the interactive Wordpress format. The site will continue to change as we become more specialized and move back toward our site's roots in Alternative Dispute Resolution (ADR). When the site began I spent much of my time teaching Arbitration but demand for that training dropped after that. As my own work focus is shifts more to being an Arbitrator and a Mediator you will see more ADR content at the adrworks.com site.
I am not like other lawyers in my work or my approach to the practice of law and my clients have benefited from the creative and innovative techniques we have used to advance our clients' interests. I promise to continue to be different and stay on the leading edge of the practice of law for so long as I do continue.

Conservatives Attempt to Shift Canadian Culture

2010-06-19T10:19:00.007-04:00

Canadians pride themselves on being different than Americans. To quote the first President Bush we are "a kinder gentler nation". President Bush was not talking about Canada but rather suggesting that Americans could become that way. That obviously has not happened and the United States continues to be a deeply divided country where there is little respect between Liberal and Conservative viewpoints. On American cable news television you can see the huge contrast between the liberal MSNBC and the conservative Fox News Network. In Canada, our Conservatives used to be "Progressive" and we had some that were called "Red Tories". That has changed and the Progressives and Reds lost their place in the Conservative Party after it was taken over by the Reform Party under the leadership of Stephen Harper. Canadian media, while sometimes accused of a liberal bias, reflected the mainstream of Canadian culture. Canadians are generally moderate, in the middle people. The Conservative Party of Stephen Harper has been in charge for a few years but still has only about one third support as it does run a minority Parliament contrary to the wishes of the 3 opposition parties who have never had the courage to vote together no confidence in the government. Since Harper came to power there has been one election which he himself called in a failed attempt to get the majority.

Now there is an attempt to establish a shift in the media with a proposed new right wing television network that appears to be modeled after the American Fox News. I am not suggesting that they have no right to express their views (with which I disagree) but I am saying we should not all be forced to pay for their programming. The channel is to take over the existing Sun TV (rerun channel) and turn it into Sun TV News starting January 2011. I oppose the application to make it a mandatory Tier 1 cable and satellite channel where everybody has to pay them a fee. Their application for CRTC approval is to make it a "must offer" but not a "must carry" channel. With that classification all cable companies would have to pay it a fee and be required to offer it to all subscribers nationally. Regardless of whether you choose to receive it you would be required to pay for it. It should be optional so that only those who want to watch it will pay for it. I started and encourage you to join my Facebook Group: Tell your cable company you don't want Sun TV

Where does this new attempt to shift Canadian culture originate and who is behind it. This is what I know:

It all started in 1971 When John Bassett shut down the moderately conservative Toronto Telegram newspaper, a perpetual money loser. Some of the employees headed by the right wing Peter Worthington went on to start the Toronto Sun, Toronto's first daily tabloid newspaper, whose publisher was Douglas Creighton. Barbara Amiel (who later became the wife of Conrad Black)succeeded Peter Worthington as Editor. It tried to be a Conservative populist newspaper. The Sun spread to other cities with its easy to read format, simplification of news, and Sunshine Girl photos. It was never known for the quality of news reporting. Early in my career as a lawyer I was involved in a successful lawsuit against the Sun for defamation. In that case the veteran Sun reporter, Robert Reguly, admitted that he completely made up the story.

In 1998 Quebecor, a right wing leaning media conglomerate owned by Pierre Karl Peladeau (son of company founder Pierre Peladeau) bought out the Sun Newspapers. They also owned TV stations and developed a format of low cost rerun programming which is called Sun TV. Now the plan is to convert Sun TV into Sun TV news a conservative biased television network headed by Kory Teneycke who until July 2009 was media director for Prime Minister Stephen Harper. The format is to be news by day and opinion in the evening for what used to be called "Prime Time" (before the internet took over). This news channel, like most news channels, will be considered boring by most Canadians and get very few viewers. It is amazing how few people watch CBC Newsworld and CTV Newsnet in Canada and the same is true for the Fox News Network and MSNBC in the US.

What makes me angry is the attempt to force everyone to pay for biased news reporting. I have chosen not to buy the Toronto Sun newspaper for almost 40 years but now they are trying to force me and all other Canadians to pay for them to spout their nonsense. My views may be considered nonsense by them, but I would not try to force everyone to pay for Liberal or NDP TV no matter what name it is given. Our basic television service should include non-biased (to the extent possible) and certainly non-partisan news coverage with balanced opinion debates giving equal time to different points of view. Tell your cable company you don't want Sun TV.

What is Important?

2010-06-06T11:00:00.005-04:00

What you see in the photos to your right is a world tragedy. Now with massive quantities of oil still shooting up into the Gulf of Mexico and moving to US shores it is the most important issue of our time. Will this disaster be an issue at the G20 meetings to be held in Toronto Canada later this month? Will they discuss the dangers of deep water oil drilling across the world? Sadly no.
The 20 world leaders will meet in Toronto to plan a global economic agenda and argue over bank regulation. They have lost sight of basic issues of human survival. They show no interest in creating jobs or dealing with the problems of real people. This massive quantity of oil pouring out into the ocean is close to home now for many Americans whose future is being destroyed by the continuing and growing tragedy. It is the issue of the day in the United States. In Canada which is on course to have the flow of oil damage our east coast it is a prominent matter in the news and a concern to most Canadians. Canadians do care about the environment. Our current federal government does not. Our Prime Minister has been out campaigning against a world wide bank tax to protect against failure on the basis that our banking system is strong. A narrow political agenda dominates in Canada where apathy has taken over. The lack of serious federal opposition leadership as an alternative to Harper has resulted in an unpopular minority government which has continued in power for too long. The Government's popularity has declined further with the G8 and G20 budget fiascoes. Harper has taken Canada from being a world moral leader to being an irrelevant nation and an example of a country guided by short term self interest. The legacy of Canada's hosting is a joke about irresponsible spending (fake lake,etc.).
Canada is spending a billion dollars on security to protect the leaders and intimidate and suppress protests against the G20 meetings. Toronto will have the eyes of the world turned to either rioting and brutality or quiet despair as the real problems of the day are ignored and more resources are wasted in irrelevant meetings. People in Toronto and Muskoka face massive restrictions of movement and traffic chaos which will empty the city streets of all but police and those brave enough to come out and protest. This will not make Canada and specifically Toronto a more desired tourist or convention destination. How do these meetings help Canada? They do not.

Victoria - A perfect symbol for Canada

2010-05-24T09:26:00.009-04:00

As I write this, I, like most Canadians (even those in Quebec), have a day off to celebrate the birthday of Queen Victoria. Her Majesty was born in 1819 and became Queen at age 18. Her long rule of 63 years and 7 months, over the British Empire, included the creation of Canada on July 1, 1867 by the signing of the British North America Act. Not only did her majesty do that but she also chose Ottawa to be the capital when people in Canada could not decide between Toronto and Montreal. She saw it was on a river along the border of Quebec and Ontario and chose it as the perfect compromise. Ottawa is now home to the Ottawa Senators hockey team and the snoozefest that we call our Parliament (including the Red Chamber of Retirement called The Canadian Senate).
We are a nation governed by boredom with Conservative Prime Minister Stephen Harper, a wannabee hockey writer, doing as he pleases with no effective opposition despite a minority Government. His main opposition rival Professor Michael Ignatieff the Liberal leader formerly of Harvard University threatens to lead an even more boring Government. Canadians do not like either of them preferring "regular guy" Jack Layton in a recent poll but they would not vote for him due to his apparent socialist leanings. And so we are stuck with a less than democratic government here because Canadians do not want another election or change. We enjoy our cottages this time of year and of course the fireworks for Victoria Day.
Hail Queen Victoria, I can't wait until the Victoria Bicentennial in 2019. That will be the best day off ever. I wonder if Elizabeth will still be our Queen then. If so she would have exceeded the lengthy tenure of Victoria. Hopefully Mr. Harper, who will be 61 years old then, will have left politics and published his hockey book, a likely Canadian bestseller.

What is happening Now in Parliament?

2010-03-19T08:25:00.007-04:00

The Olympic Games are over and we are proud. Nobody can be proud of how PARLIAMENT is functioning in Ottawa as games continue. The Opposition has through its majority required to disclose documents about the Canadian Government role in Afghanistan torture of prisoners and the Government is acting in contempt of Parliament by refusing. They have asked a retired judge to review the situation. The Governing Party has filibustered in a committee to prevent evidence from being heard about interference with the operation of a Canadian Human Rights Operation. The Prime Minister has gone to You Tube to get his message out unfiltered while the Opposition has not been given equal time.
This is all happening after the Government Prorogued Parliament shutting it down from January to March.
What is the state of Democracy in Canada? If these actions are not stopped soon what will happen next? Is the Opposition doing enough about this or are they afraid of getting a negative public reaction to forcing an election? Where is the leadership of Michael Ignatieff?
I never liked the values of the Harper Government and now I am very concerned about how they are (in my opinion) threatening our democratic process.

Canada Doing Well at Olympics

2010-02-23T21:52:00.009-05:00

The unwise slogan "We own the podium" provided the start for a rare occasion of Canadian Nationalism. We began with unreasonable expectations that Canadians at home would have a huge advantage over visiting athletes. Certainly it helped, but our general attitude at the start failed to consider the extent of worldwide talent among athletes. The Americans have much more experience than us with nationalism, a bigger budget and ten times the population so it should not be a surprise that the United States is winning by far the most medals. The United Germanies are pretty tough and the Austrians and the French are better skiers, to say nothing about Norway, Sweden, Finland and Japan. China has put enormous resources into training its athletes.
What we have is hockey and over confidence in our NHL stars. We can beat Europeans who have a few NHLers on each team but the United States team is an NHL all star team as well and the outcome is always uncertain. Sometimes it will depend on which great goalie has the better night. Our women hockey players, however, are unbeatable and do not receive enough attention for their achievements.
Canada is high on gold medals and low on bronze and that is quite an accomplishment. We have done as well or better than can reasonably be expected. Remember this was the first time Canadians have won gold at an Olympics held in Canada which is major progress.
It is best to try to forget about slogans like "We Own the Podium" which may end up remembered with slogans like "Mission Accomplished". Canada literally does own the podium and built and hosts these Olympics and that is plenty to be proud of in this national achievement. Our athletes have been heroic and we can be proud of their achievements regardless of the medal count.

Canadians not distracted from Prorogation

2010-01-25T12:39:00.005-05:00

You would think that a confusing word like prorogation or the phrase "proroguing of Parliament" would not be of any interest to everyday people in Canada but it is. Just before New Year's our Prime Minister went to the Governor General who immediately agreed to shut down Canada's Parliament until March. This action was noticed and a Facebook group was formed by a Calgary student which now has over 216,000 members. The shutting down of Parliament took place during a time when Parliament was investigating Government complicity in torture of Afghan prisoners and attempts to discredit a decent man who blew the whistle on them. It also occurred during a continuing economic crisis. This shutting of Parliament came with signals that the new budget in March would contain deficit reducing cutbacks in services and an end to stimulus action to fight the economic crisis which the Harper Government considers over. It is not over and unemployment itself is at crisis proportions.
Then came the terrible earthquake in Haiti, a country very close to Canada and Harper's hope for a distraction came true. Here was an opportunity for Canadians to forget the anti-democratic actions of the ruling party and for Mr. Harper to appear to be a statesman on the world stage. On the day Parliament was to reopen Canada would be hosting a major world leaders meeting about Haiti and the issue being above politics could make people forget about prorogation of Parliament.
The original plan related to the Olympics and Canadian pride making people forget and on the sports theme Superbowl excitement is there too.
But Canadians are not one issue people. Despite the extreme and deserved focus on Haiti there were large turnouts for protests on January 23 followed by strong media coverage of them as exemplified by the Globe and Mail newspaper. In its editorial of January 25 the Globe calls Harper's actions "an abrogation of principles". Stephen Harper and his minority Government came to power promising to fight corruption after the Liberal sponsorship scandal. They said they would run an open Government but they have done everything but that. The arrogance of the Government is now clear to most Canadians who will not forget.
Once Parliament resumes in March I predict a firestorm which will lead to an election and the end to Stephen Harper's arrogant anti-democratic rule.

Help Haiti

2010-01-17T09:49:00.004-05:00

The extent of the tragedy in Haiti is beyond comprehension. Canada has always had a close relationship with Haiti as a fellow francophone nation in the Americas. Haiti has always been an impoverished country of great hardship. It has been ruled by dictators such as "Papa Doc" Duvalier and then his son "Baby Doc". It has been a struggle to bring democracy to Haiti in recent years and its modern institutions have been very fragile. The country has been challenged by serious hurricanes and other natural disasters in the past. What has happened now with this earthquake goes to the point where the whole world needs to take action to reduce the human tragedy. There is now an opportunity to help Haiti to rebuild and modernize to solve the long term problems.
Canadians are of course very fortunate people and our friends in Haiti need our help now more than ever. If you have not done so yet donate to the Red Cross or other legitimate relief organizations. It is our duty to help.

Prorogation or Perogies?

2010-01-12T08:31:00.002-05:00

This time Canadians are not confused and see right through Stephen Harper's latest anti-democratic move. Most Canadians are outraged that in a time of economic (and potential terrorist) crisis the Harper Government has shut down Parliament until March. Word is they plan to introduce a new post recession budget ending all of the stimulus previously committed when the Harper Government was forced to do so to survive a coalition forming in Parliament to take power from him. I predict Harper is trying to trigger an election by bringing in a new Spring budget that even Jack Layton will find impossible to support. If the opposition remains united there will be a spring election and if not Harper can do what he did last time he wanted an election: just call one.
This plan may backfire due to the unexpected degree of public outrage and Harper may back off and mellow his budget and Speech from the Throne to avoid an election loss or another minority Government.
It is nice to see Canadian in large numbers joining Facebook groups against this anti-democratic action and to see protest plans for January 23. The opposition parties should do all they can to ride this public wave and not try to lead it. Maybe democracy will come to Canada. That would be a great outcome.
As for Perogies: enjoy them with sour cream!

Christmas 2009 Thoughts

2009-12-25T15:42:00.000-05:00

I am writing this on Christmas Day 2009 a time of optimism beyond justification. There are signs that tough times economically are ending but high unemployment remains and the buoyant economy is floating on consumer confidence which may change. For now enjoy the holidays and pray for a great new year in 2010.

Be Thankful for Canadian Health Care

2009-10-17T14:12:00.006-04:00

A battle is raging in the United States over universal health care which Canadians take for granted. The country is divided and people are very angry in the USA on both sides of the issue. There is clearly a strong insurance lobby out there trying to stop anything resembling "a public option". They are fearful that if there is a public option almost everybody would select it and the insurers would lose most of their business or perhaps worse have to compete with the quality of care and the price of the public option. In the United States now most people have private health care which is inadequate and President Obama's plan is to force the insurers to improve in how they provide service and specifically prevent them from excluding coverage for "pre-existing conditions". Now a new insurer can refuse to cover a person who had a medical condition before that insurer took over their coverage. Also, many plans cover only a percentage of the cost which means some people who suddenly have serious health issues are forced into bankruptcy by the uncovered cost of their illness. I met a captain of a small sail boat once in the United States who lost everything because his wife had a premature baby and the insurance only covered 80%. He did not own the sail boat but had to start a new career and move from where he had originally lived. Then there are the 40 million Americans who have no coverage at all.
To Canadians this is something we just do not understand. How can a country that has been the richest country in the world be so backwards. It now looks like universal health care will come to the United States but the availability of a public option is severely threatened and so it will likely be far from an ideal system. It certainly would be an improvement and I commend President Obama and those who fought for health care before him for many years like the late Sentator Ted Kennedy and of course the present Secretary of State Hillary Clinton.
In Canada we have had medicare for many years which is all publicly funded and universal. It is seen as a basic right. That is true in most modern countries with the notable exception of the USA. The "public option" for Canadians is the only option. I certainly feel grateful as does my wife, Nancy Miskin, who originally came to Canada from the United States in the late 1970s. When she first came she was ill and had no health insurance but was taken in by a Toronto hospital and saved. More recently she had a severe stroke a year ago and has received the finest of care. On Thanksgiving last year before her stroke she wrote a letter to the Toronto Star which was published expressing her thanks for Canadian health care. That appreciation has certainly grown greater over the past year.
In Canada we do have a place for private insurers and that is with Extended Health Care which provides things like semi-private or private hospital rooms, dental care, vision care and prescriptions. Mine also provides health coverage while outside Canada which you really need if you are traveling to the United States.
I am writing this a week after Canadian Thanksgiving but I urge you to be thankful for your health which is so important and the fine medical care we get in Canada as a basic human right. Hopefully by the time of the American Thanksgiving in late November people in the United States will also have reason to give thanks.

NDP to Vote Confidence in Harper

2009-09-29T12:26:00.002-04:00

That is a slightly misleading headline, but yes Jack Layton's NEW Democratic Party will vote confidence in the Government while at the same time denouncing it and saying that they have no confidence in the Harper Government. Now Jack Layton is learning how Stephane Dion felt when he did the same in a feeble attempt to avoid an election last time. When the Conservative polls show Majority in reach then Mr. Harper will either engineer his own defeat or like last time defy the fixed date election law and simply call an election saying Parliament is not working.
It is clear now that Parliament is not working and never will with a Harper Minority Government. Michael Ignatieff is pushing for an election despite polls telling him Canadians do not want an election and despite some party disunity in Quebec. Perhaps he is hoping the NDP will prop up Harper so that the Liberals will look principled and the NDP otherwise. It is all a game and it will not last for long. The egos involved are too large.
What Canada needs for stability is either a non-Harper minority government or a majority by either the Conservatives or Liberals. When the next election comes I will be voting Liberal.

No Election Yet - Will Parliament Work?

2009-09-20T12:51:00.002-04:00

Michael Ignatieff proved that he is leader of the Opposition by standing up against the Government unlike his predecessor Stefane Dion. This could have triggered an election but it was an election nobody wanted. Both the "separatists and the socialists" supported the Harper Government to stop a no confidence vote that would trigger an election. Both the NDP and the Bloc knew that an election would not be in their party's interest and were forced to do the unthinkable and vote with the Government.

The job of the Opposition is to oppose and we are now in that situation where the Opposition Leader and his Party are opposing instead of propping up the Government. The Harper Government may be learning how to work with others and bring in policies using compromise instead of confrontation and ultimatum. That certainly would be good for Canada. The Bloc may on occasion support a Goverment measure and most likely the NDP will continue to support the Harper Government for a while unless Stephen Harper goes back to his old ways of trying to impose something that every party in Opposition finds to hard to swallow.

In Canada winter elections are rare so there may be a chance for a November election if Mr. Harper goes back to his old non-co-operative ways. More likely the NDP and the Bloc will be ready for a spring election. We will be fortunate to be spared until that time.

Renewal for Canada?

2009-09-07T09:57:00.003-04:00

We end the summer refreshed from a Labour Day weekend and energized for the Fall. Canada has survived a world wide recession and seems to be on track for recovery. The question we are now asked is: "is that good enough?" Do Canadians "deserve better"? This is the challenge from Liberal Leader Michael Ignatieff as he threatens to upset the apple cart of the Harper Government. We have had dull, practical, stable government for the duration of the Harper Minority. Now it is suggested that "we can do better".
Certainly we can do better and we have done better in the past, but are Canadians up for the challenge now? Does Michael Ignatieff inspire us to go further and achieve more and to reclaim Canada's lost place as a role model on the international stage? Michael has not inspired many Canadians yet but he will have a chance to try, if he is able to force an election. Canadians have had too many elections, but will keep getting them until they can entrust someone to lead. Stephen Harper was never given more than a caretaker's mandate and seems to not inspire trust for more than that. He has shown how much he will twist his principles to stay in power by the concessions he made to prevent an opposition coalition take-over. Now the big spending Harper Conservatives offer us comfort without ideology, and that appeals to a degree, but we still lack the trust. What will Harper do if he is given a Majority and what, if anything, would he have done about the recession if he had a majority and not been forced to take action?
NDP Leader Jack Layton seems to be testing the waters, uncertain if the time is right and the same applies to Bloc Quebecois Leader Gilles Duceppe. Neither will be able to work with Stephen Harper but either or both may choose to drag out the current generally unworkable Parliament a little longer, but for what purpose? An election is inevitable and Canadians may be tired enough of Minority Government to give somebody a Majority Government. If that happens the NDP and the Bloc will lose influence and probably seats. Michael Ignatieff has seized the agenda and is going to take us to the Polls once again whether it be this Fall or at latest next Spring.
Where will it end up? As you can see I have more questions than answers. Whatever the mood of the country is now, in early September, it will change as events unfold and we leave our summer vacations behind. Does Canada deserve better? Of course we do, but are now we too cynical to see that? I hope not.

Time Well Spent in Dublin

2009-08-19T20:14:00.004-04:00

I have just returned from Dublin, the Capital of the Republic of Ireland, where I learned much. The occasion was the annual Canadian Legal Conference organized by the Canadian Bar Association. Criticism has been raised in the media as to why the leading Canadian Lawyer organization would hold a costly overseas conference in this time of serious recession. The conference has been planned for over 4 years and to cancel it when the recession started in the fall of 2008 would have resulted in great financial losses from the commitments which had been made in various contracts. There continued to be a strong interest and excitement in the Dublin Conference and it made no to sense to do anything but proceed with it. Registrations were in fact higher than anyone expected and the conference is a definite success.
It was a great experience to take in Irish culture, to meet with Irish lawyers and Judges and to discuss current issues and trends in law in Canada, Europe and around the world. I return with a fresh new perspective on many aspects of legal practice and having made friends in Ireland. I am hoping my Irish friends will find it just as worthwhile to come to Canada for the next Canadian Legal Conference in August 2009 at Niagara Falls.
I learned a lot of history and about my wife's heritage. I learned that Ireland is a modern place where old prejudices have largely been put aside. I learned new legal skills I will apply and I learned that Guinness does taste best in Ireland.
I will certainly go back there some time.

We are off to Dublin in the Green

2009-08-09T08:24:00.006-04:00

My title comes from an old militant Irish folk song I remember, as I prepare to leave for the Emerald Isle. The song is a very pleasant one that makes me think of fields of green and not the joy of guns and fighting it talks about. I have never been to Ireland before and I was last in Europe in 1977 for New Year's Eve in Trafalgar Square in London.
I have my Euros, a direct ticket from Toronto to Dublin and reservations at a fine hotel by St. Stephens Green. My wife Nancy whose ancestors came from Southern Ireland to New York in the United States in the early 1800s is excited to be coming too in hopes of finding some of her roots there. She is the only one in her immediate family who has not been to Ireland. I believe I am the first in my extended family to go there. It will not be easy with Nancy having limited mobility still due to a stroke suffered in October 2008. We are bringing along a wheelchair and hoping not to use it too much.
Why are we going now, you may ask. This is not a time we would choose for this important journey. My work makes it hard to get away, and Nancy has limitations in what she can do and where she can go while there. We are going for the Canadian Bar Association annual conference known as the CLC or Canadian Legal Conference. As Chair of CBA National Sections I have meetings to chair for CBA Sections and also I will attend my last meeting as a member of the CBA Board of Directors and Finance Committee. My two year term is ending in Dublin and I really have to go. It will be fun too with a number of social events and friends from across Canada that I have come to know well in my volunteer work for the CBA. I am hoping to do some site seeing but probably will not have time to get out of the major Irish city.
In addition to meetings and social events there are educational programs and I am looking forward to some of them especially on the theme of the future of the legal profession. I also look forward to the keynote speech to the conference by Mary Robinson, the former President of Ireland who is a world peace maker.
Nancy and I will make the most of the special opportunity and challenge presented to us by the Canadian Bar Association. I will report back at this blog on what I see and learn. We will definitely return to Ireland in the future when Nancy has her full mobility back and see more of the green country. This should be a great introduction.

ADRWorks Reborn

2009-07-26T14:33:00.004-04:00

In November 1997 I began a website http://adrworks.com
My purpose was to educate people about Alternative Dispute Resolution (ADR)and the name puts forward a positive message that ADR Works. The site has been used to promote the ADR and legal services provided by my firm. I did not use the name "Miskin" in the website since my name is often spelled incorrectly. The original design was done by a university student I hired and after a while I took over the site fully and kept it up to date with current information and news to encourage people to make use of the site. I used Microsoft Front Page which is now called Microsoft Expressions to manage the site. Many criticized the site for being amateurish in format but the content was considered very helpful by most people. I have used the website as the main way of marketing my services with much success. It was one of the first Canadian legal websites and was relatively popular compared to most legal websites. After careful study I have settled on the WordPress site format which is very readable and more readily accessed by search engines such as Google or Yahoo. My hope is to increase the site's visibility on the very busy world wide web and also make it more user friendly.
We are about to launch our new adrworks website in Wordpress format and I have hired professionals to redo the site in this new format. It will take time to fully change over the site and I apologise for any inconvenience to those who may have difficulty accessing information until the change is complete. Our old website is no longer available. Let me know what you think of our new site.

End of An Era for Baby Boomers

2009-06-26T16:50:00.002-04:00

Thursday June 25, 2009 will be remembered as an important day in our cultural history. The names Farrah Fawcett and Michael Jackson are now bound together forever as both died on the same day. Ms. Fawcett represented the clean image we all admired while MJ represents the bad boy image with extreme eccentricity thrown in to make him one of the most interesting people of our era. Farrah Fawcett set a fine example in her clean life and her courageous battle with cancer. Michael gave us music and dance which thrilled us with excitement and enthusiasm. Years from now I believe Michael Jackson will be remembered much like Elvis Presley is remembered. It is hard to say if Michael or Elvis made the greater cultural impact. Each had a troubled life and an unexpected death when their career seemed to be coming back strongly.
Let Farrah be our role model.

Let Reason Prevail

2009-06-17T08:07:00.002-04:00

Election speculation this week was high in Canada then something surprising happened. The Prime Minister Stephen Harper and the Liberal Opposition leader Michael Ignatieff held two productive meetings on Tuesday and agreed to work together. Among other things they apparently agreed on a "Blue Ribbon" task force to review Employment Insurance and needed changes during the current economic crisis. This is much like the one Harper appointed before headed by Liberal John Manley to deal with Canada's future role in the Afghanistan conflict. This depoliticized the issue. Hopefully positive changes will come (quickly) to improve the EI (or UI as most people still call it) system.
The meetings of our leaders were a positive sign of bi-partisanship which makes everything work better and makes most Canadians happy with the outcome. It is starting to look like minority government can work.
If you have not yet voted in my current poll on whether Ignatieff should force an election please do. You may also change your vote which makes sense to me as progress is made for the benefit of Canadians. I voted maybe then yes and I am now going to change my vote to no. Elections are not needed when reason prevails.

Stanley Cup Over now what? ELECTION!

2009-06-15T16:07:00.004-04:00

Once again Canadians are holding their collective breath to see if there will be another Federal election. This is becoming our national sport and now that the hockey season is over with the Pittsburgh Penguins winning the Stanley Cup election fever is back. Everybody is saying they do not want an election but do they really mean it? I do not believe the politicians on that as Prime Minister Harper wants nothing but a majority government and the opposition still wants him out. If both the Liberals and Conservatives think they will win there will be an election. This may be such a time.
The big spending Conservatives have run a $50 Billion deficit and it is hard for the opposition to argue they are not spending enough on stimulus, but certainly argument can be made about how quickly the money is going out or how well targeted it is. Clearly the Conservatives do not have their hearts into this bail out process and can't wait for this recession to be over. Finance Minister Jim Flaherty is arguing against the Bank of Canada and most economists saying happy days are just around the corner.
These are tough times and it would be nice to have a Federal Government that was united in its approach to crisis. In the world of politics that is too much to expect. So Canadians may be asked to choose between Harper and Ignatieff which is certainly a better choice than the last time around when the Liberal leader was too weak (mainly from being bashed by attack ads) but also by his own communication difficulties.
Michael Ignatieff set some terms for not defeating the Government on Monday June 15 so it is now in Stephen Harper's hands whether to make the election happen by saying "bring it on" or to accommodate the Liberals on this to keep his government in power a little longer. If PM Harper does not want an election and makes concessions Michael Ignatieff can still say "it is not enough". This means there is a very good chance for another election that nobody wants. Then it will be an interesting choice of values where the immediate policies are really the same.
A summer election may be called at the end of this week and if not it could still come anytime Parliament is sitting up until a summer or other recess. We shall see and if there is no election there is still baseball.

The New World

2009-05-30T07:50:00.004-04:00

Our world and how we see it have changed a lot in the past year. Most of us have been affected by the economic upheaval that appeared in September and got worse. It appears that we are now in a period of optimism as people and businesses are restructuring for greater cost efficiency. Commodity prices are rising, GM and others are restructuring for survival. If you read Jeff Rubin (oil economist)and his timely book "How your world is going to get a lot smaller" you can see the beginning of a new era and that people are starting to see limits and adapt to them. The trend is towards localization and away from globalization.
This has certainly been true in my life, mainly due to personal events, but the economic crisis has hurt too and forced quick changes to ways of doing business and to our personal lives. How have you been affected? I would love to hear some comments on this.

BC Election Result Analysis

2009-05-13T21:22:00.002-04:00

Gordon Campbell is back with a third term for his Liberal Government in British Columbia. He does have an advantage getting elected because Conservatives support Provincial Liberals in B.C. The N.D.P. blew a great chance to take over by being the enemy of the environment in the election. Even David Suzuki campaigned for the Liberals and against the N.D.P. I am from Ontario and find B.C. politics interesting and strange. If you are from BC you will probably find Ontario politics boring.

Back from the big Tweet

2009-05-13T21:18:00.003-04:00

I am back to the blog having partly overcome my Twitter addiction. I have been microblogging with 140 character messages on a wide variety of topics. I invite you to follow @miskinlaw on Twitter. There is not enough time usually for me to write on the blog. If you know me you will know that I have been very busy lately with personal matters. This does not mean I am not going to be on Twitter since I am back here but I will try to keep up more.

Ontario Opposition Changing of the Guard

2009-03-08T21:44:00.005-04:00

Dalton McGuinty is now well entrenched as Premier of Ontario. His steady competent blandness is what works in Ontario. Ontarians want a Government that does not make waves. John Tory, who apprenticed with Mr. bland premier himself, Bill Davis, was too interesting and imaginative to succeed. He is a brilliant guy who was my friend in law school, despite very different political values. He just could not be boring and he had too many ideas which rocked the boat. He also displayed poor judgment on the religious schools issue and on where to run for a Legislature seat. First he ran against the very popular Minister of Education Kathleen Wynn which brought his unpopular religious school issue to the forefront and then he chose to run in (Haliburton and) Kawartha Lakes, formerly known as Victoria County with the major center being the former Town of Lindsay. John does not understand how people think in this part of Ontario and his slick style just does not work there. I think the voters wanted to teach the Toronto boy a lesson. Sadly for John, it was the final nail in the coffin or the third strike that knocked him out. Will the Ontario PCs win with a new leader? I think they have a chance if the new leader is moderate to match Ontario values and bland enough to not make waves. I am hoping they do not elect a new leader with extreme right wing views. That would not fly here.
I applaud the NDP, who on March 7, took a chance and elected Andrea Horvath a 46 year old Hamilton woman to be their leader. Here is someone who like Dalton (who started badly) could grow into the job and gain the comfort level needed with voters to succeed. I do not know Andrea but she seems to have the right stuff to lead in Ontario. If she does not ruffle the feathers of voters she may just succeed.

Let's go Shopping!

2009-02-16T11:23:00.008-05:00

I am having a day off for Ontario's new holiday of Family Day and here I am working by writing on the blog. It has been a while since my last posting because I have been very busy in my spare time as a result of my wife, Nancy Miskin, having had a major stroke back on October 21, 2008. Nancy just got out of Rehab on February 4 to come home and it is great to have this long weekend together. Some say Family Day is bad for the economy because it is costing employers a lot of money and wastes productivity. As an employer paying for my staff having a holiday I disagree. For now Family Day which began in Alberta has only spread to Ontario. It coincides with Presidents Day which is a partial holiday in the United States as well.
The current economic crisis is mainly one of lack of confidence, general malaise and the fear of people to buy anything due to insecurity. To get the economy going we need to get people shopping again especially buying cars, homes and other big ticket items. Jobs are being lost due to people not buying anything. The prices have dropped a lot and this is a great time for bargains. I am not saying go out and charge up your credit cards or buy things you can not afford or do not need.
People need to cheer up and feel good again. Family Day is here and giving us great sunny weather on a long weekend after a rough first half of the winter. Let's turn the economy around. Think positive and go shopping!

Ho! Ho! Ho! The New Stephen Harper Returns

2008-12-22T21:54:00.006-05:00

There does seem to be a kind Stephen Harper and also a mean Stephen Harper. We are familiar with the mean one who bullied poor Stephan Dion to make a bright and capable man look like a fool soon after he took over as Liberal leader. We first saw the kind Harper wearing his blue sweater during the election campaign. This is the Stephen Harper who spoke in Peru at a world leaders meeting about the need to spend government money and provide stimulus to keep the world from going into a depression. He quickly disappeared as you can read in my previous post when he brought in budget plans in late November through the Minister of Finance which attacked his political opponents and offered nothing to help the economy. The reaction was not what Mr. Harper had come to expect from the weak Mr. Dion and a coalition was formed which threatened to remove the Conservatives from power. Being Prime Minister has its advantages, such as controlling Parliament's agenda and being the one that the Governor General is required by tradition to follow. He was able to delay the vote, further ridicule Stephane Dion as potential Prime Minister and scare Canadians about the evil Separatist and Socialist allies of Mr. Dion. This has clearly worked in English Canada and the public opinion shifted against the coalition that promised help for the economy. In Quebec the attacks on most Quebec Members of Parliament have hurt Harper's chances but it looks like he has given up on forming a majority with help from Quebec.
To further extend his days in power Mr. Harper is now back to his newer kinder form offering money to the auto industry, listening to opinions and talking again about the seriousness of the crisis and the need for deficits.
With the Christmas season here Mr. Harper has given out presents in the form of Senate appointments to the lucky 18. That and renovations to the Prime Minister's residence are a form of job creation. Santa Steve will never put on the red suit because red is the Liberal colour but he sure is doing his best to survive by being Mr. Nice Guy again. Help has been given to the auto industry and more goodies are to follow. Will Harper be trusted again? That is unlikely but in this time of crisis he knows what he needs to do to survive and he is doing it. Trust does not seem to be an important quality these days based on the current opinion polls. The key to power is competence and strong leadership as Canadians hope for a stable government in Ottawa. The Liberals have a new stronger and more cautious leader with Michael Ignatieff who will bide his time and keep the pressure on the Conservatives. They will not be able to destroy him like they destroyed Mr. Dion. When the Russian Prince, Michael Ignatieff, is ready he will make his move and there will be an election. I predict it will be in the Fall of 2009 or even sooner. It is hard to predict the outcome because everything changes so quickly. I do think Michael will become Prime Minister and that Stephen Harper will never regain the credibility he lost at the end of November. I can see the Liberals winning back a lot of Quebec seats. Until that time the nice Stephen Harper will probably dominate over the mean one and hope Canadian voters will have short memories and vote for the guy in the blue sweater. We will have to wait until a month after Christmas for Santa Steve to deliver his gifts. It should be interesting to see how the new Liberal leader reacts and how the coalition of opposition parties handles the situation with their almost certain end to unity. Only the mean Steve can keep Michael, Jack and Gilles together and he knows better than to do that this time.

Flaherty fiddles while Canada burns

2008-11-28T08:20:00.002-05:00

The new Stephen Harper emerged with a stronger minority into a different world than the one he left by calling an unprovoked election. During the election campaign a world economic crisis emerged which was played down for Canada by the Harper Government seeking majority election. That worked but costly mistakes in Quebec kept the Conservatives from getting their majority. The new Stephen Harper spoke of the times in which we lived being ones where governments must run deficits and provide economic stimulus to avoid a depression. Economists and virtually all government leaders worldwide agreed on what has to be done. Major steps have been taken by the United States, Europe and governments elsewhere to save financial institutions. For those who have studied economics the statement "We are all Keynesians now" became the new philosophy.
It looked like the same economic stimulus policies would be applicable for Canada as we awaited Finance Minister Jim Flaherty's statement of economic policy on November 27, 2008. There was talk of Canada taking measures to preserve the auto industry so vital to jobs in Canada as the Republicans who still have temporary control in the United States were reluctant to take steps to prevent bankruptcy of the Big Three auto makers. This could be followed by the incoming strong Democratic majority and President Obama following through to keep the auto industry alive in North America.
Then Minister Flaherty spoke with a shocked reaction to his do nothing policy. Now the opposition parties are talking about a coalition rather than simply defeating the Conservatives and causing another election. See our poll where nobody thought the Harper Government would be gone in 6 months but now that is emerging as a possibility. I can see a Liberal NDP coalition with Bloc Quebecois support emerging very soon. Will it happen? I would not predict such an unprecedented move but I would not be surprised either. Jack Layton could be Prime Minister for 6 months with Stephane Dion as Deputy Prime Minister and then the new Liberal leader becoming Prime Minister with Jack as Deputy. After a year the necessary steps to save Canada's economy would be in place and then all bets would be off and the coalition could continue to govern if the parties agree, or we could then have yet another election.
It is an exciting but far fetched scenario given the lack of past co-operation of the Liberals and NDP but these are very different times than we have seen before in our lifetimes. Will Finance Minister Jim Flaherty be over-ruled by his boss? Will Jim Flaherty change his tune? Will the Liberals blink, again? Will our opposition politicians be able to put their egos aside and work in coalition for the good of Canadians? Will environmental issues be completely forgotten or will they emerge as part of the plan to save the economy including the auto industry?
We are in a real crisis now and I believe strong measures need to be enacted quickly to keep Canada healthy.
What do you think?

Election Over, what now?

2008-10-17T00:02:00.002-04:00

A conservative minority again. $300 Million of taxpayers money spent on the "election about nothing" (quoted from Ken Dryden). It really was about Stephan Dion and the need for an election to eliminate him as Liberal leader. Clearly Canadians are not thrilled by Prime Minister Harper but did not want to replace him with Mr. Dion, a bright and capable man, but as the Conservative ads kept telling us "not a leader". If you look at my poll as an accurate sampling you do not see clearly. We would have had Prime Minister Dion and a Liberal Majority. Obviously the people reading this blog share my concern for the environment and mostly found favour with the concept of a carbon tax. The environment although a major issue lost out to economic fears.

Now it is time for Stephan Dion to step aside and the sooner the better. An interim Liberal leader will give new credibility to the Liberal Party and strengthen chances for a next election win. Hopefully Bob Rae and Michael Ignatieff can work out some way for one to support the other to allow the Liberals to be united. It is too soon for Justin Trudeau and the other possibilities lack the clout or charisma to win.

The NDP and the Greens are unlikely to change being the beneficiaries of Stephan Dion's lack of acceptability. Each leader will credit his or herself without regard for the comon interests between all of the Opposition parties.

Stephen Harper will have to make changes and show more flexibility to make Parliament work co-operatively or his "mean" image will bring his downfall next time.
Nobody wants another election. We can only hope the Parties in Parliament can get out of constant election mode and work together.

Canadian election over, what now? The U.S. election of course. I had previously predicted Senator McCain would win but with the economy as an issue and Sarah Palin now a handicap to him, Senator Barack Obama has a lead not likely to change. I have American election fatigue and can't wait for that one to be over too. Then those politicians can return to the lower profile they deserve and get on with the business of governing.

Thanksgiving Weekend Canada

2008-10-12T09:14:00.003-04:00

It is the calm before the storm. Hopefully you are enjoying this beautiful Thanksgiving Weekend with your family and doing what you enjoy. I am happy to be at Stoney Lake in the Kawarthas for a family Thanksgiving. On Tuesday October 14 Canadians will vote and the outcome is still not clear. Most predictions are for a Harper Conservative minority but a majority is still possible and a Liberal minority is also a possibility. It mostly depends on how many Green or NDP supporters will decide at the last minute to vote Liberal to stop the Conservatives. Our politicians are campaigning intensively right through this holiday after having taken most Sundays off earlier in the campaign. We are down to the wire and it sure looks too close to call. I start a jury trial on October 14 and my legal caseload for the Whitby Ontario trial sittings starting election day has kept me from getting involved in this election.
The past month has been stressful for most of us being a very busy time and one where we saw our investments in Canadian financial markets, if any, drop in value 30 to 40 percent while the Canadian dollar has dropped from as high as $1.10 US a year ago to 84 cents now. Some people suggest there is not a financial crisis in Canada and they are wrong. The whole world is in a serious economic crisis which may lead to a depression if the right steps are not taken by our leaders. The cost of energy has dropped considerably due to the financial crisis but we know that it is only a temporary drop as supply and demand will come into play to bring back the reality that the world is running out of oil and developing alternative green sources is necessary financially and for the good of the earth. What should be done about that now? Should we ignore the issue or plan a carbon tax or other system to promote conservation?
These are things to think about before you vote on Tuesday October 14.

Let the Debates Begin!

2008-10-01T09:33:00.002-04:00

As the Jewish New Year (Rosh Hashana) draws to an end the United States Congress will get back to work after reflecting on what they have failed to do in a crisis. Thursday will see two debates which will make political junkies happy. In the United States it will be Joe "foot in mouth" Biden versus Sarah "?" Palin. You can be sure old Joe will be very polite to the inexperienced Alaskan Governor whom he finds attractive. This debate will be watched by many looking for mistakes and signals as to the ability of Ms. Palin to handle real questions on important issues. I am sure many in Canada will watch this instead of watching Canada's five party leaders in a panel answering questions which passes for Canada's version of a debate.
Be sure to watch the French language debate (it is translated into English) on Wednesday night October 1 which may be the more important one as it is the first. This will give Mr. Dion a chance to shine as he will be speaking in his first language instead of exercising his painful English pronunciation. I will try to watch all three debates using the miracle of replays and PVRs and comment here at the blog about them.
Will these debates affect the elections outcome? They just might.

The Sky is Falling

2008-09-30T10:32:00.002-04:00

Stock markets and banks are collapsing in the United States. Canada is deeply affected and hurting too. Paul Newman has died. Is it the end of the world?
The answer is no. Paul Newman was 83 years old and had lung cancer from years of smoking. The United States has seen deregulation, big tax cuts and huge government spending on wars. With President Bush in charge and a lame Congress what did you expect. Plans for a bail out which could prevent a depression have been thwarted so far by small minded members of the United States congress. It is time to smarten up and deal with real problems.
Here in Canada we are in an election campaign where the only issues seem to be the egos of the Party leaders. Serious action is needed here before Canada falls into the disaster towards which we are drifting with a lack of real leadership when it comes to policy issues. Please demand action and vote in the October 14 election based on ideas and not just images.
The sun will rise if we do nothing but we will all be poorer and less fulfilled if we do not address the real problems that Canada and the world are facing.

Federal Election Called

2008-09-07T08:50:00.004-04:00

I am in Montreal on Crescent Street early Sunday morning after helping get more furniture to my son Daniel for his apartment here. Daniel is now in second year Political Science at Concordia University living in the most exciting part of the vibrant city of Montreal. There was to be a federal by-election here tomorrow Monday September 8 in Westmount Riding. It is a safe Liberal Riding and Canada's John Glenn, former astronaut Marc Garneau, was expected to win this safe Liberal seat. This and other by-elections that the Conservatives would lose formed the basis for Stephen Harper's early morning visit to the Governor General to pull the plug for these elections the next day, and for Parliament as a whole. The likely outcome is another minority Government but who will end up on top, if anyone, is a tough question. Economic conditions are deteriorating across the country and it would do Mr. Harper's party no good to wait. We can talk about the $3.5 Million wasted on the by elections and the $250 million cost of the national election, or the violation by PM Harper of his own law and principle of setting a fixed election date or the need for the Conservatives to avoid unpleasant committee hearings. That may be the talk for a day or two but the real issues will likely be the choice in styles of Leadership and the Green Shift carbon tax proposed by the Liberal opposition. Mr. Harper who has not stopped attacking Stephan Dion for over a year and a half says it will be a tough nasty election campaign which he expects to be dominated by unfair attacks on himself. Interesting strategy to attack and pretend the other guy is hitting you.
When the dust clears it may be the end for all four major party leaders who most likely will be unable to achieve their goals. That is part of the high price of a rushed unnecessary federal election for Canada. Bipartisanship is considered a virtue in American politics but is almost unheard of in Canadian politics. I predict that will change after the October 14 election when our four major parties (plus Greens?) will be forced to work together and stop campaigning for a while.

Green Steps Forward

2008-06-22T11:10:00.002-04:00

This past week Stephane Dion introduced the Liberal plan called the Green Shift which includes massive income tax cuts and energy cost offsetting benefits for those who live in isolated areas and for larger families. This will use up the revenues created by taxing the emitters of carbon dioxide and other greenhouse gases. I like the tax because it does not include gasoline for autos which costs too much already. High gas prices are hurting the economy but we can see that the Green Shift will work because of the impact that supply and demand cost increases have done with the price of oil and specifically gasoline. The more it costs the less people will use it and the less emission there will be of greenhouse gases. Clearly people are driving less this summer as a result of higher gas prices. Adding the tax to other sources of harmful emissions will reduce those emissions. There will be an incentive for people to "Go Green" to reduce those costs. Those who do will benefit greatly from the tax breaks and those who do not will have the extra energy costs offset to a degree by the tax breaks. This will encourage fuel economy and energy efficiency.
We can see the impact all ready at General Motors. GM announced it will close its Oshawa Ontario truck plant as a result of people not buying gas guzzling vehicles with the high cost of gas. Now GM is changing its tune, fortunately, and it looks like it will keep the truck plant open but shift to making Hybrid trucks which use less fuel. Here is a green shift caused by high fuel prices. When the new tax comes in (if the Liberals win the next election), we will see a shift away from other energy sources like coal used to produce electricity. Homeowners will take advantage of new tax credits to go with energy efficient heating and other ways to save money and reduce greenhouse gases. It is a win-win plan. Meanwhile Stephen Harper calls it "insane" and says the Liberals are planning to "screw" Canadians. He can not succeed with that approach. He will need to devise an alternative plan and then we can have a real debate. Is that likely to happen? We shall see. The Conservatives oppose the most popular of alternative ideas which is to cap emissions by big industrial energy users and allow a market to trade carbon credits. It looks to me like we will need both systems in place and more.

Do we need a carbon tax now?

2008-06-07T21:45:00.003-04:00

A carbon tax makes a lot of sense as a general idea. The concept is to add to the price of gasoline and other products which contribute to global warming and then rebate the tax to people by lowering income tax an equivalent amount. This is not a tax increase but it is a neutral shift and it would help reduce consumption of oil. The problem now is that market forces (supply and demand plus speculation) have driven up the price of oil so high that people are already cutting back considerably in driving and other energy use due to the high cost. This has already cost jobs in the auto sector and specifically led to the planned shutdown of GM's truck plant in Oshawa. That is bad for Ontario and Canada. A further increase in fuel costs is really not needed now. Arguably we are not paying enough for gas compared to most places in the world but the shift has already been made and a carbon tax now would only increase hardship.

Visiting Florida

2008-05-21T23:19:00.006-04:00

I am now in Fort Lauderdale Florida for a family wedding. Today Hillary Clinton and Barack Obama were also in this state, where votes are not counted, continuing their unending battle for the chance to run for President. I am staying in the touristy area of Las Olas and it is a fun place to be. It is very hot and humid. Sadly, the many tourist and other high end shops have mostly cranked up their air conditioning with many stores having the doors open to cool the outdoors and try to draw in hot people from the street. Hummers and other expensive and gas guzzling vehicles are all over the place. The message has clearly not gotten through to people here despite record high gas and other energy prices. Other than my disappointment at the lack of environmental awareness and the extreme waste, there is a feeling of freedom here. America has so much wealth and potential. I look forward to visiting my American relatives here in a joyous occasion but I also look forward to returning home to Canada where things seem far more sensible.

April 22, 2008

2008-04-22T22:00:00.004-04:00

Tuesday April 22, 2008 has been an important day. It was earth day. Canadian interest rates were dropped by half a percent. Brenda Martin was convicted by a judge in Mexico and sentenced to five years without parole. Meanwhile, back in Toronto, Robert Baltovitch was found not guilty of the murder of Elizabeth Bain in a jury verdict. Hilary Clinton has won the Pennsylvania Primary and is raising money and planning to continue her campaign.
Today I prepared for and taught the first class of my Arbitration course. It was a busy day all around.

After Earth Hour

2008-03-31T11:54:00.004-04:00

For one hour electricity use in the Toronto area was down about 5% on the night of Saturday March 29, 2008. Many large buildings and lots of individuals turned off their lights to make a statement about the need to conserve energy and to fight the global warming problem. It was a success in getting the message out to more people and encouraging those who participated in being more conscious of their energy use. Turning off lights makes a small difference that can add up especially if people reduce lighting and other electricity use year round.
Bigger savings of energy will come from having energy efficient appliances, home heating and cooling systems and cars. Recent changes in light bulb technology are catching on and this will also make a very great impact. The new CFL lights cost a little more but they do have an impact on a continuous basis. People need to switch over to them and encourage others to do the same. There are now LED lights becoming available (but still very costly for transition) which convert energy into pure light with no waste and save lots of electric use and money beyond regular energy efficient lighting. These should become prevalent in the next few years as the change over cost hopefully goes down. Individuals and businesses can sign up for getting their electricity from Bullfrog Power which gives them clean electricity at a slightly higher price. Check it out at www.bullfrogpower.com
Big business seems to be ahead of the general consumer on this issue as it is good public relations and reduced energy use means a lot of savings for big energy users.
If you turned out the light for earth hour you deserve to be commended but even more so if you change your lifestyle to use less energy resources every day.
I do wonder about all the candles that were burned during Earth Hour. I would think that they may be part of the problem as carbon is emitted when a candle is burned. Does anyone know how much? Candles are wonderful if used safely but to reduce carbon we should not burn too many at a time.

And the Race is On

2008-03-11T21:16:00.004-04:00

Hillary Clinton and Barack Obama continue to battle each other for the opportunity to be a candidate for President of the United States in November. Each is hungry to replace George W. Bush and beat Senator John McCain his annointed successor. McCain can sit back and smile watching his job get done for him.
On May 11th 91% of black voters in Mississippi chose Mr. Obama to be the preferred candidate. Meanwhile almost 75% of white voters chose Ms. Clinton. The net result was a few more delegates to add to the Obama lead.
Meanwhile former Democratic Vice Presidential Candidate (1984) Geraldine Ferraro spoke out about the issue of race and women and affirmative action heightening tensions as the battle moves to Pennsylvania. It appears that the Clinton strategy has given up on the black vote for the nomination and is catering to heightening fear and reducing hope among whites. This could give her a needed strong victory in the Pennsylvania vote where there is a very conservative and very white population outside of Pittsburgh and Philadelphia.
The race card has been played and it is not helping the cause of the Democrats no matter who emerges as winner. The real mystery or wild card lies with a possible new vote in Michigan and Florida where Hillary Clinton may retake the lead.

For Toronto Maple Leafs it's Do or Die Again!

2008-03-06T23:34:00.002-05:00

The unwanted players of the Toronto Maple Leafs are hot in a dash to make the playoffs. Management plans to unload them were thwarted when the players with no trade clauses refused to waive them. The one prized player Nik Antropov who would have gotten some value in a trade was considered untradeable by management. The team under the new again direction of Cliff Fletcher wanted to unload its high payroll and pick up some top draft picks as part of a rebuilding plan. Now the unwanted stars are playing for their careers and if they can make the playoffs anything can happen. This has been a trend for the past few years and has been a barrier to major change for the team. John Ferguson Jr. as General Manager tinkered to get the right combination while locking in big salary players such as Brian McCabe while they were on hot streaks with no trade clauses. Now Matts Sundin is having a great year on his year to year contracts. Will Fletcher dare to let him go at his peak to free up salary cap room?
Cliff Fletcher plans to buy out the contracts of the no trade clause players so he can rebuild now with young up and coming free agents and others he may be able to get by trading, who will change the face of the team. All of this will be thwarted if our heroes are able to make a strong playoff run this year. They know that the team will certainly be dismantled if they do not make the playoffs. Many fans are hoping the team will not make the playoffs so that the message will remain clear that major change is needed.
Now to the Poll: I am not asking if the Leafs will make the playoffs or win the Stanley Cup this year or even next. We have been suffering for over forty years so the question is more of a long term one. Will things change in the forseeable future? In three years will the Toronto Maple Leafs be a team we can be proud of? Do people care anymore? Will there be significant improvement by then? I was first to vote (as an optimist I voted yes). How do you vote?

Our Presidential Poll

2008-03-05T19:03:00.003-05:00

Once again our poll has closed this time with 7 people responding. Interestingly, the results seem to correspond with what is considered to be Canadian opinion. Democrats are favoured with a more cautious tilt toward Clinton over Obama. Ontario is much like Ohio with the same kind of problems now. There is a recession beginning and there is a decline in the manufacturing sector. People are worried about the future. A small minority (1 of 7) supports the more conservative John McCain.
I timed the poll to end before the March 4 Primary results not wanting the result to be influenced by it. I thought it would likely be over by now with Obama and McCain as the clear winners, but it is not over for the Democrats. Once again Clinton is the "come back kid" and the process is extended for a few more months. The democrats will bash each other making John McCain's job easy for now. I hope they will eventually come together and that all the people and energy which were drawn to both the Clinton and Obama campaigns will unite and work together. If not the winner will likely lose in November.

Writing from Washington D.C.

2008-03-02T08:55:00.004-05:00

It feels like late April here with the sun shining and only needing a light jacket outside. Yet here I am checking news from Canada reading about how attempts were made to bribe a dying man for his vote in Parliament and my American relatives are shocked that this happens in Canada. On hearing of our new budget they are thinking how much Canada is becoming what the United States became when George W. Bush became President. They are suggesting to me that Stephen Harper is like the popular beer Busch Light.
These people are not all "radical Liberal types". My wife's brother John, who lives in Virginia and is celebrating his 60th birthday today (March 2)does not like Barack Obama or Hillary Clinton and likes John McCain "because he is a war hero". The more Liberal types are split between Obama and Clinton mostly on the side of Obama now. It is more a matter of Clinton fatigue than hope for them. The general sentiment is that either would be fine.
Interestingly our blog poll which ends on March 4 shows Canadians so far preferring Hillary Clinton over Barack Obama and nobody supporting John McCain. This is despite the fact that it is John McCain who is standing up for Canada on the free trade issue. I suspect all the talk from the Democrats is focused on the jobs in Ohio where primary voters make a vital decision on Tuesday March 4.
I am always interested in Politics (it was my major in university)and I am pleased to see how much it is talked about these days. I guess that is what you should expect in such a contested election year when I am in Washington D.C.
Here people breathe politics and the weather which I find so unusual is just taken for granted as a typical beginning of spring (March!)in the Capital area.

Our Poll: Canada in Afghanistan

2008-02-14T15:53:00.002-05:00

Through very scientific methods we have polled Canadians at this blog and have the final results. Although only 5 people responded and I was one of them we have what may be a representative sampling of opinion of Canadians. Nobody voted to simply stay and keep fighting. One voted to stay on if we get help which is the Manley report opinion. Two voted to get out now and two voted to change the mission to aid and training. A compromise is being worked out in Parliament with the Conservatives and the Liberals and it hopefully will satisfy most Canadians. I was just kidding when I said our poll was scientific. Perhaps the next Poll we run will be on whether or not we should have polls at our blog....

Super Tuesday

2008-02-04T19:55:00.000-05:00

After a shocking Super Bowl Sunday we now believe anything can happen on Super Tuesday, at least between Hillary and Barack. We all expect McCain to beat Mitt thanks to the Governor and Fred and Rudy. Like the Superbowl this event is more than an opportunity to Gamble and an excuse for a party. The main problem with Super Tuesday is that it is not part of a weekend. For those of us in the East the California results come in very late. The endorsements have built up excitement and more Kennedy Camelot suspense. Most importantly Robert De Niro announced his support for Barack Obama. It appears Barack has the momentum to win the Nomination.
The results of Super Tuesday may reveal the winner, but it is also likely the large amount of delegates will be split almost evenly due to district allocation rules. This thing may not be over and may go on until summer. Hopefully not.
I am thinking ahead to Hillary and John McCain debating policy or if she is not the nominee, age and experience as the issue between Obama and McCain. At this point I support Hillary but that choice may not be available for long.

Canada's Future in Afghanistan

2008-01-23T14:45:00.001-05:00

The review committee headed by former Liberal Deputy Prime Minister John Manley has reported and the report is a refreshing surprise. The committee consisted mainly of people considered pro-war hawks and it was anticipated that it would give Stephen Harper what he wanted when he set up the committee. It had been assumed that Mr. Manley would support a continued role for Canada in combat. Mr. Manley is a man of principle who does not oversimplify and that shows in this report. This report moves the debate away from the simplistic partisan views of get out or stay in as put forward by Canadian politicians until now. It states that the purpose of the mission is a good one but Canada should not do it alone or take on a disproportionate share of responsibility and casualties. It calls on NATO to provide more real help to lessen the burden on Canada and make the chances for success greater. If this is not done the report says Canada should withdraw. The report accurately states that Canada can not just provide training in a war situation and not ever get involved in combat while doing so.
I believe Canadians will accept continued participation under different terms than what they are now. Presently Canadians are facing too much danger while the American focus is still in Iraq and our European allies are playing it safe on the Afghani sidelines.
This report and the well considered ideas in it offer a very reasonable compromise position. There potentially could be an agreement between our parties in Parliament to allow such an approach to be taken. The question now is whether our current politicians both Government and Opposition are willing to put aside their usual attacks and insults of each other and work together for common ground on this very critical issue. Sadly, the NDP immediately rejected the report calling it just a plan to continue the war. Clearly Mr. Dion and Mr. Harper are thinking the whole thing through carefully before responding. That is a good sign.

My Escape from Winter

2008-01-14T09:05:00.000-05:00

I am writing while on my vacation in the Turks and Caicos Islands as I look out my window to my balcony overlooking the beach and the clear blue waters of Grace Bay. I am happy to visit here again with my wife, Nancy. Our excuse for this wonderful holiday is that we just celebrated our 25th Wedding Anniversary . That is a rare accomplishment in the modern world. From being away I can see more clearly many things and my sense of Canada and the changing world is heightened.
Last night I dreamed of an earthquake back home and quickly checked by computer to see if there was one. Luckily there was not but I see that in the past month there have been several strong earthquakes around the world including New Zealand, Greece and Sumatra. I also saw a news story indicating that the polar icecaps are melting faster than people had thought. Weather has been strange and extreme lately. Something really needs to be done about global warming and I believe we will very soon have to start making big sacrifices. I generally am trying to conserve energy in my life but trips like this with long plane rides are part of the problem too.
I have been working very hard lately and really needed to get away for a rest. I expect to return next week re-energized and able to do much more. When I return I will be happy to see some snow (hopefully not too much). One day we may all miss the snow in Canada and have no reason to go south. I hope that never happens.

2007-12-30T17:04:00.000-05:00

We are now linked with several blogs through Blog Catalog. I encourage anyone interested to start their own blog and then join other linked blogs. Follow this link:

A New Year

2007-12-30T11:08:00.000-05:00

2007 is ending with the usual year end horror and strife in the world. In Canada we have again been reasonably lucky this year to have stability and a strong economy. The oil which fuels Canada's strong economy may eventually lead to our downfall. Little is being done to preserve Canada's future as global warming remains something Governments are just talking about and not doing anything about. The harsh early winter is part of the extreme weather that global warming causes. When you see snow do not be assured that all is as it should be. The polar ice caps are quickly melting and there will likely come a crisis which will grab everyone's attention and force people to finally do something. Will it be in 2008? Not likely, but it could happen sooner than you think. The real question is will it be too late to stop it when the crisis appears clearly to all. We all must do what we can while we are here to make the world a better place for ourselves, for each other and for future generations. Canada should be a leader not a staller in taking steps to preserve our planet. I encourage you to focus on the serious environmental crisis we are deeply in and do what you can on a personal level, and to encourage others to act in 2008 to make the world a better place. Have a happy new year.

We are downtown again

2007-11-19T21:35:00.000-05:00

The Miskin Law Offices have returned to Downtown Whitby. We closed on Friday November 16 and moved from our Cannon Ct/Consumers Drive location to the Whitby Square Plaza on the East side of Brock St., just north of Mary Street. We are in Suite 200 of 223 Brock Street North. Our Plaza neigbours include Caine and Co. Hair Styling, Remax First, Coffee Time and Interact Health Services Our phone numbers remain the same with local calling from Toronto, Pickering, Ajax, Whitby, Oshawa, Clarington and Peterborough.

Ontario Continues on same path

2007-10-11T12:30:00.000-04:00

The provincial election of Wednesday October 10 means life, as it has been, in Ontario will not change much or at least that is what people are hoping. Life in Ontario has been good particularly in the last four years. Ontario residents re-elected most incumbent members of the Provincial Government, giving the Liberal Government of Dalton McGuinty another majority government so he can continue the process begun at the beginning of his last term to improve public schools and health care in the province. We can expect slow but steady progress and not much excitement. The existing electoral system will remain in place with a proportional representation plan soundly defeated by voters who were mainly just rejecting changes to the status quo which is not an unpleasant one.
It was more a rejection of change and John Tory's religious school plan than a vote of confidence in the Premier. John Tory seemed to be born to govern Ontario but he will always be remembered for his fatal errors of this campaign (and Kim Campbell's campaign years ago). Now the McGuinty Liberals have another mandate without having to make too many promises that may or may not be kept. We have already been rewarded with the declaration of a new statutory holiday in February (the third Monday, the first one being Feb 18, 2008). That is a change most people will appreciate when February arrives.
Hopefully, Ontario will do well over the next four years as it has over the past four years. With our country's shift to a western resource based economy continuing and bringing with it the high dollar our province is threatened with major job losses. We will do well if our stable Ontario government is able to maintain the Ontario economy by taking steps needed to allow this province to remain competitive in world markets. Good luck Dalton.

Qaeda puts bounties on heads of Swedes in cartoon row

2007-09-15T10:19:00.001-04:00

Qaeda puts bounties on heads of Swedes in cartoon row

AFP

AFP - 14 minutes ago

DUBAI (AFP) - An Al-Qaeda front organization in Iraq has offered rewards to anyone who kills two Swedes behind a cartoon depicting the Prophet Mohammed as a dog, in a statement posted on the Internet.

(Advertisement)

The self-proclaimed Islamic State in Iraq placed a bounty of at least 100,000 dollars on the head of the cartoonist Lars Vilks and 50,000 dollars on Ulf Johansson, editor in chief of the Nerikes Allehanda newspaper which published the caricature.

"We call for the liquidation of the cartoonist Lars who offended our prophet," said the statement issued in the name of the group's leader Sheikh Abu Omar al-Baghdadi.

"We announce a reward of 100,000 dollars to anyone who kills this infidel criminal. This reward will be raised to 150,000 dollars if his throat is slit," said the statement whose authenticity could not be verified.

The statement also threatened attacks on Swedish firms unless unspecified "crusaders" issued an apology.

"We know how to force you to apologise. If you do not, expect us to strike the businesses of your major firms like Ericsson, Scania, Volvo, IKEA and Electrolux," it said.

The Swedish TT news agency said Saturday that Vilks was temporarily abroad, and quoted him as feeling safe but on guard.

"I think there's no reason to worry for the moment because I am moving around but when I am back home, in one spot, it will be very easy to track me down," he said.

"This last threat means of course I have more discussions with the police to determine how to act and what we are going to do," Johansson, who has refused to apologise for the cartoon, told AFP.

He said he had received police protection and Swedish authorities were analysing the tape to determine who Sheikh Abu Omar al-Baghdadi was and if he really existed.

The Swedish ambassador to Saudi Arabia, Jan Thesleff, offered an apology to the Organisation of the Islamic Conference on September 11 for the controversy created by the cartoon's publication.

Swedish Prime Minister Fredrik Reinfeldt also held talks with envoys from 22 Muslim nations on September 7 in a bid to defuse the row.

The publication of the sketch in Nerikes Allehanda on August 18 -- featuring the prophet's head on a dog's body -- sparked a fiery debate in the Swedish media on freedom of expression and prompted protests by Muslims in the western town of Oerebro, where the newspaper is based.

A strict interpretation of Islam forbids the depiction of Mohammed in any form.

The cartoonist has received previous death threats, while the Swedish foreign ministry has also advised its nationals to exercise caution in the Middle East.

A series of 12 cartoons of the Prophet Mohammed published in Denmark's biggest daily more than a year ago led to riots in several Muslim countries.

Source: uk.news.yahoo.com

NowPublic

Vioxx Ruling Eases Threat to Merck

2007-09-10T20:56:00.001-04:00

September 7, 2007
Vioxx Ruling Eases Threat to Merck

New Jersey Court Bars

Class-Action Status

For Health Insurers' Suits

By HEATHER WON TESORIERO

September 7, 2007; Page A3

New Jersey's highest court removed the biggest threat Merck & Co. faced from litigation over its Vioxx painkiller by ruling that health insurers' lawsuits against the company can't be consolidated into a nationwide class action, which limits the scope of potential damages.

In reversing a lower-court decision, the state Supreme Court said class-action status for the plaintiffs, which consisted of all nongovernmental health plans that paid for members' Vioxx prescriptions, would be inappropriate because "common questions of fact or law do not predominate" in the claims. The state Supreme Court is the final word on the matter.

The ruling doesn't address the merits of the underlying suit, which sought reimbursement for as much as $9.6 billion of Vioxx purchases. But investors reacted positively, as the stock rose $1.07, or 2.2%, to $50.47 in 4 p.m. New York Stock Exchange composite trading following the decision.

Since Merck withdrew the painkiller from the market three years ago following a study that linked the drug to an increased risk of heart attacks and strokes, 28,000 suits have been filed against the Whitehouse Station, N.J., company.

All were filed by or on behalf of individuals allegedly injured by the drug. The company has said it will fight the cases one by one, and yesterday's favorable ruling lets it keep that strategy intact. Merck has won 10 cases and lost five, but it has yet to pay out any damages pending appeals.

The withdrawal of Vioxx and the subsequent wave of suits contributed to increased regulatory scrutiny, as well as greater criticism of industry sales and marketing practices. Vioxx, which was approved to treat arthritis, was part of a class of drugs known as Cox-2 inhibitors.

Of the three drugs in the class, which include Pfizer Inc.'s Celebrex and Bextra, only Celebrex remains on the market, and it now bears a so-called black-box warning -- the strongest caution issued by the U.S. Food and Drug Administration. In April, Merck's Vioxx successor, a Cox-2 painkiller called Arcoxia, failed to win regulatory approval for sale in the U.S.

Merck's stock plummeted at the time Vioxx was pulled, falling to the high $20s.

The complaint at issue yesterday was filed by the International Union of Operating Engineers Local 68 Welfare Fund, which supplies union members with health-care benefits. The fund was supported by more than a dozen entities that offer health-care benefits, including AARP and the American Federation of State, County and Municipal Employees. The union's case, which can still proceed to trial in state court, is brought under New Jersey's consumer-fraud act, which makes losing parties subject to treble damages.

Merck outside defense counsel John Beisner, of O'Melveny and Myers, said the company is "quite pleased" with the ruling. "I think it's a quite a significant victory."

Attorney Chris Seeger, who represents the union fund, said, "Merck may not have to face all these damages in one class case, but we're not going away."

The ruling drew mixed reactions from drug industry analysts. In a note to investors, Jami Rubin of Morgan Stanley called the decision "an enormous victory for Merck, as we have always maintained that the consumer fraud class-action suits (rather than individual cases) represent the biggest risk to Vioxx liability, and one that the Street has been less focused on."

C. Anthony Butler of Lehman Bros. wrote, "This is a positive for Merck, but we believe the outcome should not be thought of as a proxy as to whether or not Merck should, would, might alter litigation reserves."

To date, Merck has spent $1.04 billion on Vioxx legal fees and has set aside $810 million in reserves to pay additional costs.

Write to Heather Won Tesoriero at heather.tesoriero@wsj.com1

Source: online.wsj.com

NowPublic

Matt Damon criticizes Harper on African aid stance

2007-09-10T11:56:00.001-04:00

aid stance

Updated Mon. Sep. 10 2007 10:58 AM ET

Canada AM

Hollywood actor Matt Damon has lashed out at Canadian Prime Minister Stephen Harper for his stance on humanitarian aid for Africa.

Echoing the sentiments expressed by musician and activist Bob Geldof expressed after the G8 summit in June, Damon said that Canada was backtracking on earlier promises it had made to assist African countries.

"Harper's not following through on the promises that were made by Canadians in Gleneagles ... originally in 2003 and then made again in 2005," Damon told CTV's Canada AM.

Damon said Harper's position was "incredible" given the fact that Americans view Canadians as "the greatest people" in the world.

"You would never expect that (Canadians) would be lagging in terms of keeping these promises," Damon said.

Damon was speaking in Toronto while he was in the city to host the One X One Gala on Sunday for the second consecutive year -- a decision that he said was a "no-brainer."

The event, which has occurred during the Toronto International Film Festival for the past three years, raises money for domestic and global children's charities. The 2006 gala raised more than $3.5 million and the foundation.

Since last year's event, Damon said the organization raised over $2 million for his clean-water initiative H2O Africa. Additionally, the charity was able to fund a Millennium Village in Timbuktu in collaboration with last year's gala keynote speaker, economic adviser Jeffrey Sachs. Millennium Villages are projects created to help rural African communities emerge from conditions of extreme poverty.

"It's been a really great year for us," Damon said. "We were excited to tell everybody how their money was spent and try to raise more."

The gala recognized many people for their efforts to fight child poverty and suffering. Among the honorees was actor Richard Gere; supermodel Petra Nemcova; Sarah Ferguson, the Duchess of York; and national chief of the Assembly of First Nations, Phil Fontaine.

The event also featured performances by musicians Shakira and Wyclef Jean.

Jean provided music for "Running the Sahara," a documentary executive produced and narrated by Damon that was screened in Toronto on Saturday.'

The documentary features runners -- including Canadian Ray Zahab -- who trekked nearly 7,000 kilometres across the Saharan desert, in an attempt to bring attention to H2O Africa.

"The issues of extreme poverty in Africa are incredibly important," Damon said. "There are not only issues that we can solve today, but they are things that if we don't, they're going to come back to bite us in the behind in generations to come."

With files from The Associated Press

Source: ctv.ca

NowPublic

Whitby Law Office Move

2007-09-10T08:11:00.000-04:00

The law office move will take place in November with an opening at our new Whitby location Suite 200, 223 Brock Street North on Monday November 19. Staff will spend Friday November 16 packing up in the old office with computers and phones switched over to the new location that afternoon. We expect to move over furniture and filing cabinets on the weekend. It appears that we will continue to have our 4 Cannon Court space to either the end of November or the end of the year and we get our new space on November 1st. This allows us time to get the new space ready and hopefully complete the move before winter weather arrives.

Belinda Stronach and Tie Domi quietly split up over summer

2007-09-09T19:35:00.001-04:00

Belinda Stronach and Tie Domi quietly split up over summer
TORONTO (CP) — The affair that steamed up ice rinks and titillated Parliament Hill is over.

Auto parts heiress and MP Belinda Stronach and former NHL tough guy Tie Domi are no longer an item, sources have told The Canadian Press. Their relationship, never acknowledged publicly by either the former Liberal cabinet minister or Domi, ended over the summer after the couple took a trip to California.

A spokesman for Stronach wouldn't comment on the breakup on Sunday, saying there was a standing policy in place not to discuss her personal life with the media.

The 41-year-old Stronach arrived for red carpet festivities at the Toronto International Film Festival on Sunday with a small group of people, including a mystery blond man. Stronach was attending the One by One charity gala hosted by Matt Damon. She stopped to pose and chat with photographers capturing pictures of her.

Stronach is recovering from breast cancer surgery. The MP for the Toronto-area riding of Aurora had a mastectomy and breast reconstruction surgery in June. The premier of the documentary marked her first public appearance since her recovery

Her relationship with Domi became fodder for water cooler confabs after it becam e public a year ago. Domi's incensed wife accused her apolitical husband of developing an unexpected and unseemly interest in Stronach's political career by rushing to campaign for her in the 2006 federal election.

"This was a very big surprise to me, and to our family, because Tie had little to no interest in politics, and in fact had not the slightest idea about political ideology or even the slightest inkling about the ideological difference between the candidates," Leanne Domi said in court documents.

The former Mrs. Domi claimed that was followed last summer by pool-side trysts while she was away.

Domi and Stronach took pains to avoid being seen in public together. When Stronach was on hand for the taping last February of the CBC show "Canada's Next Great Prime Minister," the former Leaf was spotted peeking out from behind a curtain at the back of the sound stage.

Stronach announced last spring that she would not seek re-election. She continues to be a prodigious fundraiser sought by Liberal candidates across the country, and has raised hundreds of thousands of dollars to buy mosquito nets to prevent the spread of malaria and other diseases in Africa.

But the daughter of billionaire auto parts manufacturer Frank Stronach has made as much news for her romantic adventures as she has for her political ambitions. She began dating Peter MacKay, now the minister of National Defence, when both sat as Conservative opposition MPs.

That relationship ended with Stronach crossed the floor to enter the Liberal cabinet of former prime minister Paul Martin.

Source: canadianpress.google.com

NowPublic

Bow WOW! Helmsley dog gets $12-million in will

2007-08-29T07:56:00.001-04:00

Bow WOW! Helmsley dog gets $12-million in will

Associated Press

August 29, 2007 at 5:54 AM EDT

NEW YORK — Leona Helmsley's dog will continue to live an opulent life, and then be buried alongside her in a mausoleum. But two of Helmsley's grandchildren got nothing from the late luxury hotelier and real estate billionaire's estate.

Ms. Helmsley left her beloved white Maltese, named Trouble, a $12-million (U.S.) trust fund, according to her will, which was made public Tuesday in surrogate court.

She also left millions for her brother, Alvin Rosenthal, who was named to care for Trouble in her absence, as well as two of four grandchildren from her late son Jay Panzirer — so long as they visit their father's grave site once each calendar year.

Otherwise, she wrote, neither will get a penny of the $5-million she left for each.

Leona Helmsley and her dog Trouble are shown in a 2003 file photo. AP

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Leona Helmsley and her dog Trouble are shown in a 2003 file photo. (AP)

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* Even in death they irritated the neighbours

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* Leona Helmsely, New York hotelier, dead at 87

The Globe and Mail

Ms. Helmsley left nothing to two of Mr. Panzirer's other children — Craig and Meegan Panzirer — for “reasons that are known to them,” she wrote.

But no one made out better than Trouble, who once appeared in ads for the Helmsley Hotels, and lived up to her name by biting a housekeeper.

“I direct that when my dog, Trouble, dies, her remains shall be buried next to my remains in the Helmsley mausoleum,” Ms. Helmsley wrote in her will.

The mausoleum, she ordered, must be “washed or steam-cleaned at least once a year.” She left behind $3-million for the upkeep of her final resting place in Westchester County, where she is buried with her husband, Harry Helmsley.

She also left her chauffeur, Nicholas Celea, $100,000.

She ordered that cash from sales of the Helmsley's residences and belongings, reported to be worth billions, be sold and that the money be given to the Leona M. and Harry B. Helmsley Charitable Trust.

Her long-time spokesman, Howard Rubenstein, had no comment.

Ms. Helmsley died earlier this month at her Connecticut home. She became known as a symbol of 1980s greed and earned the nickname “the Queen of Mean” after her 1988 indictment and subsequent conviction for tax evasion. One employee had quoted her as snarling, “Only the little people pay taxes."

Source: theglobeandmail.com

NowPublic

Ontario Court of Appeal throws out Truscott's conviction in murder of Lynne Harper

2007-08-28T17:23:00.001-04:00

ntario Court of Appeal throws out Truscott's conviction in murder of Lynne Harper

Tuesday, August 28, 2007 - 02:07 PM

By: Kevin Misener and The Canadian Press

The court has ruled Truscott was the victim of a miscarriage of justice and he should be acquitted of the crime (Photo by: Kevin Misener/680News)

Click Here !

Toronto - The Ontario Court of Appeal has thrown out Steven Truscott's conviction in the murder of Lynne Harper who was raped and murdered nearly 50 years ago.

The court has ruled Truscott was the victim of a miscarriage of justice and he should be acquitted of the crime.

"The conviction, placed in the light of the fresh evidence, constitutes a miscarriage of justice and must be quashed," reads the unanimous judgment from the Ontario Court of Appeal.

"The fresh evidence related to the issue of the time of Lynne Harper's death is sufficient to quash the conviction."

That evidence dealt in large part with the original autopsy notes made at the time by forensic medical examiner Dr. John Penistan, who testified that Harper died before 7:45 p.m. on June 9 -- a conclusion that made Truscott the prime suspect.

Last year, the Appeals Court heard evidence that Penistan's original autopsy conclusions allowed for a time of death much later than 7:45, perhaps even the next day, when Truscott was in school.

"Armed with the two unofficial and earlier versions of the autopsy report, the defence may have secured an admission by Dr. Penistan that he had changed his mind as to the likely time of Lynne Harper's death," the Appeals Court ruled.

"We agree with the appellant's contention that the documents could have had a dramatic impact on the jury's assessment."

The judgment, which means Truscott is no longer a convicted murderer, falls short of his lawyers' request that the court not only acquit their client but find him innocent as well.

"The appellant has not demonstrated his factual innocence," the court wrote. "At this time, and on the totality of the record, we are in no position to make a declaration of innocence."

Ontario Attorney General Michael Bryant told a news conference within minutes of the decision being released that the Crown had no plans to mount an appeal.

He also delivered an abject apology.

"On behalf of the government, I am truly sorry," Bryant said. "It is a decision that will not be appealed by the Crown _ it is over."

Bryant also said he has asked Justice Sydney Robins -- a former Ontario Court of Appeal judge and "one of our greatest jurists" -- to advise the government on the issue of compensation.

"The government of Ontario will fully co-operate with Justice Robins, as will all counsel."

Truscott and his lawyers were expected to react to the decision at a news conference later Tuesday afternoon.

While the court's finding would usually result in a new trial being ordered, the panel of judges said the Truscott case was unique.

We are satisfied that were a new trial possible, the acquittal of Mr. Truscott, while not the only possible verdict, would clearly be the more likely result."

Truscott was convicted of the rape and murder of Harper on Sept. 30, 1959, some three months after her body was found in a wooded area near the CFB Clinton air force base in southwestern Ontario.

Truscott had long claimed he gave Harper a ride on his bicycle and saw his schoolmate get into a passing car on a rural highway.

The Crown successfully argued in 1959 that Harper never made it to the highway because Truscott veered down a path south of that location where he raped and strangled the girl.

At 14, Truscott became the youngest Canadian to be sentenced to hang -- a sentence that was commuted to life in prison in 1960, the same year he lost his first appeal.

Six years later, journalist Isabel LeBourdais' book The Trial of Steven Truscott became the first published document to poke holes in the police investigation and the prosecution's case, prompting a review by the Supreme Court of Canada.

But the conviction was upheld and Truscott spent 10 years in prison before he was released on parole in 1969. He later married his wife Marlene and moved to Guelph, Ont., where he raised his now-grown sons Devon and Ryan and daughter Leslie in anonymity under an assumed surname.

The Association in Defence of the Wrongly Convicted, led by prominent lawyer James Lockyer, took on his case and in 2000, Truscott went public with his story for the first time in a television documentary.

Less than a year later, his lawyers asked the federal justice minister to reopen the case. Retired Quebec Justice Fred Kaufman was given the task and concluded there was likely a miscarriage of justice.

Irwin Cotler, who was justice minister at the time, nonetheless sent the case to the Ontario Court of Appeal to examine whether new evidence might have altered the outcome of the original trial.

During the review -- part of which was broadcast live on television _ Truscott's lawyers argued previously undisclosed witness testimony that put Harper and Truscott on a bridge north of the wooded trail where her remains were found contradicts the original Crown's murder theory and proves Truscott's innocence.

They also introduced forensic evidence related to Harper's stomach contents and the process of her body's decomposition that suggested she was likely killed some time after the girl and Truscott were know to be hanging out together.

Source: 680news.com

NowPublic

McGuinty against extended funding to religious schools

2007-08-22T12:16:00.001-04:00

McGuinty dismisses calls to extend funding to non-Catholic religious schools

August 22, 2007 - 10:35

TORONTO (CP) - Premier Dalton McGuinty warns a Conservative plan to fund non-Catholic religious schools in Ontario could lead to social unrest.

McGuinty says he wants to "grab Ontarians by the earlobes" and make them understand the importance of the public education debate in the upcoming election campaign.

He defends public funding of Catholic schools because the government inherited that system, but says the Tory plan to fund other religious schools would be a backwards step.

McGuinty says an important part of Ontario's success as a multicultural society is the public education system that lets kids of all faiths learn together.

Ontario's Green Party is campaigning on a platform to end public funding of Catholic schools, a practice the United Nations has condemned as discriminatory against other religions.

But McGuinty flatly rejects that idea.

Source: 680news.com

NowPublic

Audi to present small hybrid car in Tokyo

2007-08-22T11:05:00.001-04:00

From Monsters and Critics.com

Autos News

Audi to present small hybrid car in Tokyo

By DPA

Aug 22, 2007, 12:50 GMT

Stuttgart - Audi is planning to present its new small car the Audi A1 with hybrid drive at the Tokyo Motor Show later this year, Germany's auto-motor-sport magazine reports.

Aimed at its main competitor in the segment, the BMW-MINI, Audi is hoping to sell between 80,000 and 100,000 models of the new A1 annually, the report said.

The car maker was originally expected to launch the A1 at the Frankfurt Motor Show in September.

According to several reports Audi is planning a three and five- door hatchback as well as a coupe and convertible.

The basic version of the A1 hybrid is expected to sell at about 20,000 euros (27,183 dollars), auto-motor-sport reports.

© 2007 dpa - Deutsche Presse-Agentur

© Copyright 2007 by monstersandcritics.com.

This notice cannot be removed without permission.

Source: lifestyle.monstersandcritics.com

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Wow Canada

2007-08-09T00:47:00.000-04:00

Canada is a large beautiful country. For the past two weeks I have had the great pleasure of visiting British Columbia and now Alberta. I went far enough north to see Alaska from Langara the most northern of the Queen Charlotte Islands where I fished with the boys for salmon in clean cold waters of the north Pacific. Then my wife Nancy and I stayed in our Rocky Mountain national parks with Yoho Park in British Columbia as our base. It is surprising how few Canadians have ever heard of Yoho which is the BC side of Banff Park just west of Lake Louise. It is a park of great majestic mountains, beautiful lakes and waterfalls. It is also the site of a major world finding of life on earth preserved in stone in the Burgess Shale a world heritage site since 1980 before the rest of the Canadian Rockies were so declared. Fossils have been found representing clear life forms existing over 500 million years ago. I had the pleasure of meeting a Paleontologist from the Royal Ontario Museum currently studying this astounding Canadian discovery. There are more wonderful parks in BC which every Canadian should see.
Everywhere I have gone Canadians are generous and proud people who appreciate the wonder of where they live. I visited the Canadian Rockies in Alberta as well which draw visitors from all over the world who marvel at this great land of ours. I am now in Calgary where the Canadian Bar Association is about to hold its annual meeting. Calgary is a wonderful friendly city which is very welcoming to all. This city has seen enormous spiralling growth in the past several years and it is impressive how well it has been handled.
I live in Ontario and love the land and lakes in Ontario where the Kawartha Lakes area near Peterborough is my home. Later this month I will be in Quebec delivering my son Daniel Miskin to University in Montreal for his first year. Back in February I was also in Quebec at Mont Tremblant with Canadian Bar Association Meetings. Quebec is a wonderful and unique part of Canada and great to visit. Language differences are not a problem when you are there.
And then there is eastern Canada with the friendliest people and their own natural beauty. I could go on and on. Manitoba is great and I really want to see Saskatchewan which I believe will put Canada in the world's forefront in the next few decades with its natural resources. Everywhere I go I bring my camera and fishing rod and really enjoy being a traveller in this great country.
I encourage you to be proud of this great country, do what you can to preserve its environment, and visit somewhere you have not been before. It is amazing and surprising.

Law Office Moving (Again)

2007-07-16T16:16:00.000-04:00

This is to let Blog readers know first that our law office in Whitby will be moving this fall from 4 Cannon Court to Suite 200, 223 Brock Street North in Whitby. The new location is on the east side of Brock Street just north of Mary street in the plaza. Traffic on Brock is very busy and can be bypassed by taking Garden Street and then cutting over to Brock at Mary Street. It is great space laid out perfectly for our needs and an excellent downtown Whitby location just a little north of the "four corners". There is lots of free parking there. The only drawback is that we will be on the second floor and there are stairs to get up to go to the office. We wanted wheelchair access but we will arrange to use space from another office on the ground floor of the plaza when needed. Our Toronto office has full easy access. The date for the move is not set but you will see it here first.

Law office staff changes

2007-06-28T08:31:00.000-04:00

Our law firm has pulled back this past spring from major expansion. We are trying to develop the best group of people to serve our clients and it has been challenging. In the fall of 2006 we brought in an experienced personal injury lawyer to join us, Franceen Rogovein. She had previously practiced insurance law from the defence point of view. Michelle Brown who joined us a year earlier made a great transition and is doing very well with our firm. Adding Franceen created a need for more support staff and Lea Anne a legal secretary/law clerk was also brought in to join us. At that point our office was crowded but we knew we would have more space in January 2007 due to Durham Reporting moving out of our building, with us as co-tenants taking over their space. We then worked to bring in another law firm as tenants to share the expanded facilities but there was no success in that. Franceen did not stay and Billie Valliant who was my secretary for about 3 years also left. Lea Anne is now working primarily for me. We have been working with Crystal who handled reception and assisted in litigation matters to develop her skills and she has become a very good legal secretary mainly working for Michelle. Sadly for us, family circumstances required Crystal to move out of the area at the end of June. We will now have Linda at the front desk at least for now and we have hired Stephanie to take over as secretary to Michelle. I am hoping our staffing is now stabilized as we face our next challenge where we must move our Whitby office before the end of this year. In this move we must also take into account the needs of family lawyer Max Rapoport and his secretary Kym who have been running a separate practice in our office since 1994. It is not easy to run a law firm.

We are moving Again

2007-06-28T07:41:00.000-04:00

My main law office has been in Whitby since 1985 and I am now in my fifth location at 4 Cannon Court, where we have been for the past four years. We have been very happy there with a large ideal office layout, easy access and lots of free parking. We hoped to stay at least five more years but we will have to move. We had leased the space as co-tenants with Durham Reporting and have a five year option on the total space running from January 1, 2008. Durham Reporting left in January of this year and I committed to taking over their half thinking of bringing in some lawyers as tenants. That did not pan out and we put the space up for rent as a sublet with no luck. We have been paying double rent and have not had much use for our extra space. Meanwhile our landlord wants all the space they can get and did not agree to let us renew just on the law office space. Rather than commit to five more years at double rent we will have to move before the end of this year. Sadly, we are looking, and I thought I would let Blog readers know our situation first. Our Toronto office will remain where it is in the Procter and Gamble Building at Yonge and 401 and we are still planning to open another branch office in Peterborough at some point. Once we know where and when we will move our law office in Whitby, the information will be posted at our main website www.adrworks.com

Toronto Teams - Hamilton Predators

2007-06-21T13:44:00.000-04:00

Back in April I said farewell to the Leafs and good luck to the Raptors. The Raptors disappointed in the playoffs but we can not forget their excellent season. I also predicted the Jays would benefit from the big bat of Frank Thomas. Outside of his grand slam yesterday (June 20) he has been a disappointment. He should still hit 500 home runs for his career soon and that may get him back in his groove and reduce the pressure on him. As for the Leafs it looks like more of the same next year with no real changes coming. Ho hum. I am hopeful that southern Ontario will get an NHL team from Nashville. The market for hockey in this area will never be filled and it would be nice to have someone else to cheer for when the Leafs come back to disappoint us for the 41st consecutive year. Toronto's soccer team Toronto FC is doing reasonably well and has lots of support. I predict no championships for Toronto in the next little while except maybe the Argos. It was interesting to note how little support the Ottawa Senators got for their NHL playoff finals drive from people in the Toronto area. I think the rivalry is just too strong. If Toronto made the finals I suspect there would be many in Ottawa wishing the worst for our beloved leafs. Ottawa should be commended on a very successful year. I am sorry to see heads rolling in Ottawa when the team should be building on this year's accomplishments.

Interest Rate Increase

2007-06-21T13:35:00.000-04:00

In April I noted at the blog that signals on interest rates were starting to change. Before then most analysts had predicted rates would go down this year. Now it is clear rates will go up in July and many people are starting to panic about higher rates. The situation is stabilizing and inflation figures out this month show that inflation is not the problem the Bank of Canada thought it was. Rates will still go up as promised but maybe only a quarter instead of the half percent everyone was expecting. I predict that will be it and the rates will then stabilize again with no changes for a while. Canada has survived the high dollar without too much damage to the economy and that has opened the door to higher rates which normally would take our dollar higher. I believe that if the dollar rises further and hits par or higher with the US dollar there will be trouble for Canada. I suspect the Bank of Canada is thinking that too and will hold the line after the July increase.
What this means is if you agree with me it makes sense to go with variable rate mortgages and not lock in out of concern that rates are going to keep rising. It will take a big interest rate increase to offset the savings of the variable rate so if you can handle some risk go with the variable rate.

The Blog is Back

2007-06-21T13:26:00.000-04:00

I removed links to this Blog in May when I started a long trial. The trial is now over and I am catching up on my backlog of work. I will try again to keep this blog current. Most of my old comments are now out of date so I will review them and post some new topics. Happy summer to the many millions of readers of this blog and happy winter to those of you down under. Comments as always are invited and encouraged. Murray Miskin

Tough on Crime, Easy on Guns

2007-04-18T13:52:00.000-04:00

In response to the worst mass shooting in American history, at Virginia Tech, the Governor of Virginia has made it clear he will not let this tragedy to be used to bring in gun control. This fine and peaceful school campus was the last place anyone would expect this to happen. But that school is in Virginia where guns come next to God. In Virginia they do have gun control allowing an individual to purchase only one gun per month which amounts to twelve guns a year. Obviously they do not look at the mental state of the purchaser first and it is simply big profitable business to sell firearms in Virginia. In this horrible deadly incident the shooter only had two guns which was certainly enough to kill 32 innocent people and injure many more. Just last year, the then Republican controlled US Congress, allowed a major restriction on possession of long guns and other powerful weapons to expire, obviously in response to pressure from the National Rifle Association and other advocates of the constitutional "right to bear arms".
Here in Canada, over Easter, the Federal Government, through an administrative enactment, delayed by a year the need to register certain firearms with the gun registry. This too played into the hands of gun owners and others sharing the views of the NRA and the Governor of Virginia. Meanwhile the same government that is keeping gun ownership and possession easy and making it harder for the police to trace guns used in crimes is pressing legislation that is supposed to be tough on crime. They are putting forward mandatory minimum sentences and general reduction of the civil rights of people of people accused of crimes. They obviously think the deterrent effect of long sentences is the best form of prevention. It would be better for them to put their energy into preventing mentally ill and dangerous individuals from getting weapons. Those mad enough to go on killing sprees are not concerned with how long they may go to jail or even whether they live or die. Real criminals are not deterred by the threat of longer sentences as they do not plan to get caught. Now that we see again how much harm can be caused by guns I hope that this will be a lesson learned which encourages control and stricter regulation of firearms.

Toronto Sports Teams: Leafs Fall, Raptors Rise

2007-04-09T15:24:00.000-04:00

On Easter I watched the Toronto Raptors a first place team in their division, soundly beat the Chicago Bulls, the first place team in their division. In the world of basketball, a game invented by a Canadian Chiropractor, Toronto's team is rising quickly. Our team, Canada's only NBA team played like champions to a very excited crowd. In contrast, our Maple Leafs, the team I grew up with, the team who last won the Stanley Cup when I was 12 years old, was eliminated that day by a Long Island win over New Jersey. Leaf fans are used to having hopes dashed and restored. The night before Toronto eliminated Montreal and then lost out the final playoff spot after having lost to the New York Islanders on the previous Thursday reviving that team's slim hope. Now the Islanders will be sacrificed to the first place Buffalo Sabres instead of Toronto or Montreal in the first play off round. As we leafs fans have said every year for the past 40 years: there is always next year. If Toronto is to have a hockey hope next year a big shake up is needed. Let's see what happens. As for the Raptors I think they will at least make it to the second round.
Now, how about those Blue Jays. They seem to have a stronger team this year and the addition of Frank Thomas and his bat should add a lot. I dare not predict how this season will unfold but it should be a good one.
Toronto sports fans seem to only support winners and Maple Leafs. I call on GTA sports fans to support your local teams win or lose, and that includes our new Soccer team and of course the Argos.

Real Estate Crystal Ball

2007-04-07T17:30:00.000-04:00

It is now April and there is uncertainty in the real estate market as always. Will prices keep rising and what will happen to interest rates? These are still the main questions. I believe prices in Ontario will rise a little with location being the cause for bigger than average increases. Some areas which are more trendy than others have seen bigger than average price increases in the past two years. Those prices should continue to rise and as they become less affordable neighbouring areas are likely to move as well. The Canadian economy is strong no and there appear to be no impending serious problems so the market should be stable. Interest rates continue to be low but now it is not clear if they will go up or down this year. Lower rates were predicted but did not happen yet and the signals for rates are beginning to conflict. I do not expect much movement either way so that should not have a big impact on the market. Energy costs are a bigger factor than ever and I believe energy efficient homes will sell at a premium. I see the condominium market slowing a little with fewer new projects but that is probably a good thing as there have been too many new condos on the market. As a lifestyle condominiums are becoming more popular and so the resale condo market in newer, well located and energy efficient buildings should get stronger. It looks like a good time to buy or sell.

Quebec in Canada

2007-04-05T21:51:00.000-04:00

Separatism is not dead, it is just sleeping. The setback of the PQ is the reason for the rise of Dumont and his ADQ party (now the official opposition). Losses by the PQ were more a product of their young adventurous leader not being accepted by traditional Quebecois, than a fading desire for Sovereignty. The ADQ is not a pro Canadian party and its election success represents a further threat to the continued existence of Canada. I predict that Gilles Duceppe will lead the BQ (Block Quebecois) in the next federal election and then leave to lead the Parti Quebecois to victory in its election after this recent election of a minority government. Then anything is possible including yet another Quebec referendum.
I also predict that resentment of Quebec and its special treatment will become more prominent in English Canada and threaten Stephen Harper's continued leadership. I will not yet predict the outcome of the upcoming federal election.

War in Iraq

2007-04-05T21:34:00.000-04:00

Canadians are very lucky our country is not fighting in Iraq. The war has furthered the terrorist cause and killed and maimed hundreds of thousands. What should be a wealthy country selling oil is now an empoverished battlefield where nobody is safe or secure. America is hated more because of the war and American casualties are disproportionately high. The cost of the war to the USA is enough to finance universal health care.
Is the world, or Iraq or the USA better off with Saddam Hussein gone? The answer now is clearly no. This is accepted by Americans who elected an anti war democratic congress last fall. The President is ignoring this and escalating the war.
Canadians should be vigilent that our Government is not one that will make the mistake of blindly following an American leadership role in promoting additional wars.

Federal Election?

2007-03-24T15:32:00.000-04:00

Quebec votes March 26 and Ontario will have a general election in October leaving the spring or summer open for a Canadian Federal election that nobody really wants. The NDP and Bloc Quebecois are the most obvious losers in such an election and between them they are likely to find reasons not to defeat the Government in a way that would trigger an election. Liberals are likely to gain in Quebec and possibly elsewhere but are in danger in Ontario especially in the suburbs and rural areas where the Harper Government has done all it can to buy voters with the recent Jim Flaherty budget aimed at middle class families with young children. Mr. Dion does not want an election yet but can not afford to appear weak or afraid to face the voters. Mr. Harper will want an election as soon as he feels he is likely to win a majority government. Anything less and his job as Conservative leader will be in jeopardy. Jim Flaherty, Peter MacKay, and a few other Conservatives will be happy to see the opportunity to take his job. The polls show an increase in the Conservative's direction but I do not see it growing much from where it is now at and estimated 39%. A minority government outcome is still most likely unless a strong trend emerges during the campaign. The reality is minority government works and brings better legislation and Canadians do not want another election. The politicians know voters may punish whoever triggers the election. What is most likely to trigger this election is a vote on environmental issues where the Harper Government will try to appear moderate and the other parties will support Kyoto targets which will be painted by the Conservatives as too extreme or bad for the economy. Polls are not yet reliable indicators and I find it hard to guess who will actually win if an election is called. Feel free to post your comments on the chances for a federal election and the likely outcome.

Vioxx Claims

2007-03-21T11:04:00.000-04:00

Greetings Blog readers, I am often contacted by clients of our Vioxx injury claims with questions by email, phone, letter etc. Since we now have this Blog operating it is another way to update clients and let people see questions and answers of other clients. Whether you are a client or not feel free to post a question or comment here. I will try to respond quickly as requested. Be aware that this is a public posting and you should not give personal information about your case here and I will not post anything which is best answered directly. There are Merck spies everywhere (or else I am just paranoid) and I would not want confidential information, tactics or strategy to fall into the wrong hands.
As a quick update our side did well in New Jersey with the Humeston case retrial and we are now waiting for a ruling on whether our Canadian clients may continue to pursue their claims in that court. The appeal of British claimants has not been decided yet either and we are likely to follow what happens to them. The Canadian case is still proceeding by Class Action but very slowly. I will continue to post regular updates at our website www.adrworks.com so do keep checking there as well as here if you wish to be fully informed. Murray

Pet Food Kidney Damage

2007-03-20T23:16:00.000-04:00

I have been approached by a cat owner who is now dealing with kidney failure in his family pet. I have an older cat who was beginning to suffer kidney failure about 8 months ago. The vet gave her 6 months to live. With temporary injections of fluid and a special low protein low salt Kidney Diet "KD" she has fully recovered. I am very concerned about what is happening to many people and their dogs and cats. I have been asked to start a class action claim in Canada and I am considering what to do. I invite comments.

Welcome to the Miskin Law Blog

2007-03-20T22:52:00.000-04:00

Welcome to the Miskin Law Blog. This is something new for us and we invite you to comment on legal issues or the issues of the day. I will be starting dialogues and invite you to read and to participate in this the Miskin Law Blog.