08.09.2016 08:57 AM

Marin et al. vs. Kinsella: we won!

Breaking! The Kinsella side was victorious! Read all about it in the National Post!

Andre Marin tried to get me disbarred/disciplined; I responded.

Marin lost. No appeal, no review, even. See the brief but welcome letter below. (The complainant line has been deleted because I want to keep the focus on the guy who was the real complainant – and we all know from the media that the one who was after me was the thin-skinned former Ontario “Ombudsman,”Andre Marin.)

Background here and here and here.

What’s it mean?  It means, I think, that:

  • lawyers who offer personal views online are doing just that – offering personal views
  • doing so isn’t giving legal advice, or somehow acting in a legal capacity – it’s simply being a citizen, with all of a citizen’s associated constitutional rights
  • the Law Society of Upper Canada has (properly) signalled that it won’t allow itself to be conscripted into policing petty, political or personal complaints

Thank you, very very much, to the many people who offered support.  I am very grateful.

Now, I can get back to saying what I think.  And Andre Marin can get back to not being Ombudsman anymore, and tilting at windmills.

Kinsella (1)

16 Comments

  1. smelter rat says:

    Congrats.

  2. harvey bushell says:

    Congrats…

    Now maybe you should sue the National Post for calling your website a blog LOL.

  3. Ridiculosity says:

    ‘Justice is truth in action.’ – Disraeli

  4. Michael S says:

    I guess they couldn’t have “Fuck, what an asshole” go into the public record.

  5. Ronald O'Dowd says:

    Warren,

    Frankly, this result was preordained. As you’ve said, you weren’t representing a client nor were you proffering legal advice or acting in any way, shape, or form in a professional capacity.

    But the Law Society was obliged to go through the motions – – and they did. Case closed.

    • Mike says:

      The Rules of Professional Conduct govern all aspects of a licencee’s behavior, not just when are acting in professional capacity.

      Quite frankly I am surprised Mr. Marin would not want to let sleeping dogs lie. If you read his Twitter feed there are many examples of conduct unbecoming.

  6. Matt says:

    So, can you go after him to recoup your legal costs?

  7. Kevin T. says:

    Sometimes, you just can’t beat the word “bananas” in a quote.

  8. Tardis says:

    “Thin-skinned,” yes.

    I also believe he is petulant, reactionary, prone to Twitter blunders and demagoguery and has small hands. Sound familiar?

    One down, one to go!

  9. Derek Pearce says:

    Congrats WK. We who hang out here all knew this is how this would turn out! Glad to see this over with.

  10. Greg W. says:

    A good decision by the LSUC. And somewhat ironically, as a lawyer, I feel somewhat more comfortable offering an online opinion about it BECAUSE of it.

  11. Tom says:

    Well done Warren! Congrats. I imagine you felt a great sense of relief. I’m sure it was a stressful time for your family. You are a model for all of us!

  12. Tardis says:

    Seems Marin is up to his old tricks, Brighton municipality isn’t interested in him. So, just right on cue: “the system’s rigged!” Very Trump!

    http://www.insidebelleville.com/news-story/6815357-former-ontario-ombud-thinks-he-s-the-best-man-for-integrity-job-in-brighton/

    Oh yeah, and as a bonus, seems even after all those years of crying for municipalities… he’s not recognised as one of Ontario’s municipal specialists.

  13. Diana Cadoo says:

    This is really too much what a XXX he is. When is he going to get his just karma?

    Just for the record:

    DOES: treated us (staff) like we were servants, kept us on the edge of fear of losing our jobs for 8 years, personally targeted staff and public detractors, tried to discredit and blacklist anyone he fired, made staff write exams and compete for jobs they had already been doing for months or years–which most of us failed, never got feedback and never were told how the process worked or why we failed… BUT…

    EXPECTS: public sympathy for not being reappointed to a contract position, wants $3.5 million for having to find a new job, believes he is entitled to tell potential employers how they should go about hiring him, and demands a fair and transparent hiring process.

    Have I missed anything? WTF is wrong with XXX? How about–now you know how the fuck the rest of us feel and what most people go through XXX! Can someone seriously just take away his audience?!?

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