I got a kick out of reading Warren Kinsella's thoughts on it - and what he plans to ask them:
Why did Judge Gomery give a sole-source, multi-million-dollar contract to the Ogilvy Renault law firm? Was he not advised by the Department of Justice not do so, given that his own daughter was a partner there? Why didn't he disclose this apparent conflict?Long time readers will remember that Warren wasn't so subtle last fall:
First, way back in October, Warren sent an e-mail to myself and several other bloggers from his blogroll "in confidence". The links point to an article that mentions the selection of Bernard Roy from Ogilvy Renault as lead counsel and to a biography of a partner of Ogilvy Renault - Sally Gomery. I asked whether she is John's daughter to which Warren replied:
She is indeed.
Wonder how Ogilvy's got that sole-source, multi-million dollar assignment as commission counsel?
What a coincidence.
I guess people who sue know when they've gone over the line.
Nothing ever came of Warren's e-mails but reading again the comments on the E-Group at the time brought back some nice memories. Jay was especially blunt:
Kinsella's smear is all the worse because he not only slimes the Sally Gormery by implying that the contract was let because she works for the firm, he also attacks a member of the bench. This should attract the attention of the Law Society of Upper Canada as lawyers have a duty to defend judges who are, by virtue of their position, unable to defend themselves.Look for the attacks against Gomery and his integrity to increase again as we get closer to the release of his report.
In this case Kinsella's emails are prima facie evidence (barring his, for example, denying that he ever sent them) that he has behaved in a manner contrary to Rule 4. In particular "First, a lawyer should avoid criticism that is petty, intemperate,
or unsupported by a bona fide belief in its real merit, bearing in mind that in the eyes of the public, professional knowledge lends weight to the lawyer's judgments or criticism."
Kinsella's lack of professional judgement is eclipsed only by his hipocracy in attacking Mr. Justice Gormery through his daughter.
"then thought it might be something we could have fun with in the blogosphere. Just don't source me." suggests that Kinsella did not have the slightest "bona fide belief in the real merit" of the scurilous accusation he is leveling against Mr. Justice Gormery, his daughter and the law firm.
Kinsella should fry for this.