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Paliare Roland Articling and Summer Student ProgramINTRODUCTIONPaliare Roland is a multi-faceted litigation law firm, currently with 33 lawyers, located in downtown Toronto. We are strongly committed to the pursuit of excellence in advocacy. Candidates for summer and articling positions should have an excellent academic record, be motivated to excel, be self-reliant, and wish to spend their time working with a dedicated group of advocates on a wide variety of litigation matters. OUR PRACTICEOur practice areas encompass all areas of administrative, corporate, civil, commercial, employment, labour and appellate advocacy. Our clients include individuals, businesses of various sizes, financial institutions, labour unions, insurers and professional regulatory bodies. All members of our firm appear frequently before the courts and/or administrative tribunals. ADMINISTRATIVE LAW Nini Jones, Tina Lie and Nasha Nijhawan successfully argued Krieger v. Toronto Police Services Board before the Human Rights Tribunal of Ontario, a case involving the discriminatory termination of a probationary police officer. In Krieger, the Tribunal ordered the reinstatement of the police officer's employment, the first case to do so under the new human rights regime in Ontario. At the Supreme Court of Canada, Richard Stephenson, Danny Kastner and Jodi Martin successfully represented the Public Interest Advocacy Centre (PIAC), acting in support of the Consumers Association of Canada and the National Anti-Poverty Organization in Bell Canada v. Bell Aliant Regional Communications. The court agreed with PIAC's position that telecommunications service providers had overcharged telephone customers in the amount of approximately $300 million. The court ordered the amount rebated to customers. Chris Paliare and Andrew Lokan (together with Ecojustice) represented Friends of the Earth in a judicial review application in the Federal Court to compel the federal government to comply with the provisions of the Kyoto Protocol Implementation Act, requiring the government to develop and implement a plan to achieve compliance with Canada's obligations to reduce greenhouse gas emissions under the Kyoto Protocol. The firm has been involved in the following public inquiries:
The Ontario Energy Board's Gas Distribution Access Rule, at the Court of Appeal, where Ken Rosenberg and Richard Stephenson successfully represented the OEB. Litigation arising within an established, international religious organization, involving internal constitutional obligations and rights-based issues, in which John Monger and Odette Soriano represented the Applicant and achieved a mediated solution. BANKRUPTCY/INSOLVENCYThe Nortel CCAA insolvency proceedings, in which Kenneth Rosenberg, Lily Harmer and Max Starnino represent the Superintendent of Financial Services as Administrator of the Pension Benefits Guarantee Fund. The firm represented a number of commercial noteholders and other stakeholders in the restructuring of Canada's Asset-Backed Commercial Paper market, the largest restructuring in Canadian history. Chris Paliare, Ken Rosenberg, Margaret Waddell, Gordon Capern, Lily Harmer, Max Starnino, Megan Shortreed, Jeff Larry, Danny Kastner and Jean-Claude Killey worked on these matters.
The CCAA insolvency proceedings involving Stelco, Ivaco, Algoma Steel and Slater Steel, in each which we acted for the United Steelworkers. Ken Rosenberg, Lily Harmer, Rob Centa and Jeff Larry worked on these files. The insolvency and restructuring of Canada 3000, in which Ken Rosenberg , Gordon Capern and Lily Harmer represented stakeholders. CLASS ACTIONSPaliare Roland has acted in a number of precedent-setting class actions including:
The firm has also acted in several class actions which have been successfully resolved involving the issue of criminal interest rates including actions against payday lenders and 407 ETR. Other completed matters on which the firm acted include pension surplus actions, securities misrepresentation and Hepatitis A infections, among others. The firm is currently acting in a number of class action claims involving:
COMMERCIAL/CIVIL LITIGATIONChris Paliare, Robert Centa and Tina Lie successfully argued Van Breda v. Club Resorts Limited. The case is the leading case in Ontario regarding when Ontario courts will assume jurisdiction over a claim against an out-of-province defendant. The Supreme Court of Canada will hear the appeal from the decision, which is one of the most important private international law decisions rendered by the Ontario courts, in March 2011. Linda Rothstein and Robert Centa successfully defended a prominent Toronto law firm from a claim made by a former partner of the firm. The Court of Appeal for Ontario recently upheld the decision of the trial judge to dismiss the claim in its entirety. Chris Paliare, Gordon Capern and Jeff Larry successfully represented minority common shareholders of Hollinger Inc. before the Ontario Securities Commission opposing Conrad Black's plan to take Hollinger Inc. private. Megan Shortreed and Gordon Capern brought a successful oppression application, on behalf of a minority shareholder in a company, involving the alleged misappropriation of international mining assets. Leader Media v. Sentinel Hill, in which Chris Paliare and Andrew Lewis successfully represented the plaintiff at trial and at the Court of Appeal in a contractual dispute involving tax shelter structures in the film industry. A shareholders dispute involving a prominent investment banking business, in which Chris Paliare, Ian Roland , Gordon Capern and Megan Shortreed acted for the minority shareholders. The lawsuit by the City of Waterloo against MFP Financial Service Inc., in which Chris Paliare and Richard Stephenson represented the City of Waterloo. Gordon Capern, Richard Stephenson and Lily Harmer advised, represented and negotiated on behalf the senior executive team of a major telecommunications company in connection with its sale to a major foreign purchaser. Gordon Capern, Megan Shortreed, and Danny Kastner litigated and negotiated the resolution of an ownership dispute about a popular internet business. CONSTITUTIONALAndrew Lokan and Jodi Martin are currently representing the Canadian Civil Liberties Association, as interveners, before the Federal Court in a constitutional challenge to the hate speech provision (section 13) of the Canadian Human Rights Act. Ian Roland and Michael Fenrick appeared in the Supreme Court of Canada in the appeal of Fraser v. Ontario (Attorney-General) on behalf of the interveners, the Canadian Police Association. The CPA supported the Appellant's position that s. 2(d) of the Charter protects a process of collective bargaining that includes a dispute resolution mechanism. Ian Roland, Jean-Claude Killey and Michael Fenrick acted on behalf of the intervener, the Canadian Police Association, in the Mounted Police Association of Ontario's successful Charter challenge of the statutory exclusion of RCMP officers from collective bargaining legislation. The Attorney-General of Canada's appeal is currently before the Ontario Court of Appeal. R v. Nasogaluak, where Andrew Lokan and Danny Kastner represented the Canadian Civil Liberties Association at the Supreme Court of Canada and successfully argued that sentence reductions, even below mandatory minimum sentences, ought to be available as a remedy for unconstitutional state conduct in the criminal justice process.
R. v. Malmo-Levine, in which Andrew Lokan and Andrew Lewis represented the Canadian Civil Liberties Association as an intervenor at the Supreme Court of Canada in respect of a challenge to the criminal prohibition of the possession of cannabis. Broomer et al. v. Ontario, in which Rob Centa represented the CCLA in a constitutional challenge to the life-time ban on receipt of welfare benefits for individuals convicted of welfare fraud. In Mussani v. College of Physicians and Surgeons of Ontario, Linda Rothstein and Rob Centa acted for the College of Nurses of Ontario in successfully defending the constitutionality of legislation mandating the revocation of a health practitioner's licence where the practitioner sexually abused a patient. The Ontario Court of Appeal upheld the legislation's constitutionality. Rob Centa was involved in the successful challenge to the constitutionality of the federal security certificate regime, on behalf of our clients the International Human Rights Clinic at the Faculty of Law, University of Toronto and Human Rights Watch, who intervened before the Supreme Court of Canada in the Charkaoui, Harkat, and Almrei cases. Dunmore v. Ontario, in which Chris Paliare successfully argued at the Supreme Court of Canada that the total exclusion of agricultural workers from Ontario's collective bargaining regime contravened the Charter. R v. Ferguson where Andrew Lokan and Nini Jones represented the Canadian Civil Liberties Association at the Supreme Court of Canada and argued that mandatory minimum sentences for unlawful act manslaughter violate s.12 of the Charter, and that constitutional exemptions may be an appropriate remedy where the mandatory minimum would result in a grossly disproportionate sentence. Andrew Lokan and Lindsay Scott represented the Congress of Aboriginal Peoples and individual litigants in a trial in the Federal Court, seeking a declaration that the Federal Government is constitutionally responsible for approximately 600.000 Métis and Non-Status Indians, under s.91(24) of the Constitution Act, 1867. LABOUR/EMPLOYMENTDon Eady, Andrew Lokan and Emily Lawrence represented OPSEU in two applications for certification filed with the Ontario Labour Relations Board involving part-time academic and support staff at 24 community colleges. These applications are the largest applications for certification ever filed at the OLRB involving over 10,000 employees. As part of these applications, OPSEU challenged the exclusion of the part-time academic and support staff from statutory collective bargaining under the Charter of Rights and Freedoms. Chris Paliare, Richard Stephenson and Susan Brown argued successfully before the Ontario Divisional Court that an arbitration provision stipulating that the decision of an arbitrator will be final and binding precludes an appeal of the arbitrator's decision. Chris Paliare and Andrew Lewis investigated allegations of unauthorized access to player emails by senior executives of the National Hockey League Players Association, and provided advice to the Executive Board of the Players Association respecting the executives' employment. OPSEU v. Seneca College in which Nick Coleman and Nini Jones argued before an arbitrator, at the Divisional Court and at the Court of Appeal regarding whether the arbitrator had the authority to award aggravated and punitive damages. Don Eady represented a number of trade unions before arbitrators, the Divisional Court and the Court of Appeal on the issue of whether the employer or the employee should be required to pay the Ontario Health Premium. Calabrese v. Weekes, in which Rob Centa successfully represented an NHL goaltender in an appeal of an arbitration award arising from a dispute between the player and his former agent. Saunders v. Chateau des Charmes, in which Andrew Lewis successfully argued at trial that the plaintiff employee had been constructively dismissed from his employment by his supervisor's improper conduct. The Ontario public service strike in March, April and May, 2002 in which Don Eady, Nick Coleman, John Monger, Andrew Lewis and Robert Centa (among others) represented OPSEU in respect of all picketing and other matters before the Courts across the province. ARTICLING AND SUMMER OBJECTIVES AND STRUCTURESummer and articling students at Paliare Roland will have the opportunity to obtain experience in numerous areas of litigation, including commercial, labour, employment, administrative and appellate. This broad perspective within an advocacy framework will provide students with a unique experience. We believe we are a superior advocacy firm. Our goal with students is to hire and develop superior advocates. Our objective is to involve our students in the practice and development of the areas of law in which we are involved. Our students will not only be expected to assist in research, drafting, and preparation of cases, but will also be encouraged to attend with lawyers at hearings, trials, and examinations for discovery, as well as at professional development programmes. Students will take part in client interviews, and will be involved in drafting legal opinions and memoranda, pleadings, and facta. Students may attend at court before Masters and be given Small Claims and administrative law matters to carry.
It is our intention to hire students interested in advocating for the rights of our clients, whether in the civil/commercial or labour/employment/administrative context. Students will not be placed in a rotation and will enjoy the challenge of working with most of our lawyers in a wide variety of practice areas. Our students will be assigned a single mentor for the duration of the summer or articling year. The mentor will be responsible for ensuring that their student is receiving an appropriate amount and range of work, and also for assisting their student with any problems that might arise from time to time. Students will receive feedback on their work from the assigning lawyer on a project by project basis. In addition, students will receive formal performance evaluations from their mentor at intervals throughout the articling year. Our office atmosphere is informal. We have no specific dress code but, instead, leave it up to the good sense of all members of the firm to dress appropriately for the circumstances, keeping in mind that they may have to meet with clients or run off to court on short notice. Students are welcome to participate in all firm social events, whether formal or informal. Because of our size, students will quickly become part of the firm's social fabric. PAYSalary will be competitive with other law firms in downtown Toronto. Articling Students will receive full salary and tuition during the Bar Admission Course. We also offer a dental, health and life insurance plan, a subsidized health club membership and paid vacation. APPLICATIONSWe do not participate in the articling student computer match program. However, we do observe the guidelines for receiving applications and conducting interviews as set by the Law Society of Upper Canada. We only consider summer student applications from those students who are in their second year of law school. You should include in your package a covering letter expressing why you are interested in our firm, a résumé and a copy of your law school and undergraduate transcripts. Reference letters are also helpful but are not mandatory. Top candidates will be selected for interviews. Please submit your applications electronically through the videsktop portal at: http://host.videsktop.com/_viPortal/. CURRENT ARTICLING STUDENTS
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Some
past or ongoing interesting matters in which members of our
firm have been involved include: 
The Air Canada CCAA proceedings, in which we acted for the Air Line Pilots Association ( ALPA) who represent approximately 1400 regional Pilots at Air Canada/Jazz. 
Jehovah's Witnesses v. Village of Lafontaine, in which 