Marvin Kurz
Phone:  905 455 7300 extension 229
Email: mkurz@dsklaw.com
Partner - Senior Litigator

Practice Group:
Litigation

Practice Description:
litigation, including appeals, in a variety of areas including civil, family (including child representation on behalf of the Office of the Children’s Lawyer, and child welfare law on behalf of Peel and Halton Children's Aid Societies), human rights, criminal and administrative law. I have appeared as counsel in a number of tribunals, commissions of inquiry and courts. I have appeared in a number of appellate courts in Canada, including a the Ontario, Federal and New Brunswick of Courts of Appeal, the British Columbia Supreme Court and the Supreme Court of Canada

Year of Call
1983

Academic Background/Education:
1976 - B.A. University of Toronto
1978 - B.Ed. University of Toronto faculty of Education
1981 - L.L.B. University of Windsor faculty of Law

Memberships -Professional & Community Affiliations

Small Claims Court Judge, Ontario Superior Court of Justice, Central West Region

Director, Peel Law Association (1999 -2004, 2006)

Chair - Ad Hoc Committee struck by the Honourable Mr. Justice Durno, Regional Senior Justice, re Implementation of Family Law Rules in Superior Court (2005-6)

Chair Peel Law Association Family Law Committee

Peel Family Court Bench and Bar Committee (1998 )

Part Time Chair - Board of Inquiry under the Police Services Act (Police Disciplinary Tribunal) (1993 - 1997)

Advocate’s Society

Child Representation Panel, Office of the Children's Lawyer

National Legal Counsel, League for Human Rights of B'nai Brith Canada

Noteworthy

Small Claims Court Judge, Ontario Superior Court of Justice, Central West Region

Director, Peel Law Association (1999 -2004, 2006)

Chair - Ad Hoc Committee struck by the Honourable Mr. Justice Durno, Regional Senior Justice, re Implementation of Family Law Rules in Superior Court (2005-6)

Chair Peel Law Association Family Law Committee

Peel Family Court Bench and Bar Committee (1998 )

Part Time Chair - Board of Inquiry under the Police Services Act (Police Disciplinary Tribunal) (1993 - 1997)

Advocate’s Society

Child Representation Panel, Office of the Children's Lawyer

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Professional Activities

1996 - present
National Legal Counsel, League for Human Rights of B'nai Brith Canada (Ontario Legal Counsel 1992 - 1996)

I have presented papers on legal topics to conferences, symposia and community groups in many parts of Canada and the United States including the following:

October 1991
Amnesty International Legal Network Conference, Morgan Institute Faculty of Law, University of Cincinnati, Cincinnati, Ohio - re: Legal Remedies for Bringing War Criminals to Trial in Canada

June 1992
B'Nai Brith Canada International Conference on Racism and Xenophobia, Toronto, - re: Legal Remedies for Hate Crimes

December 1992
Debate with Allan Borvoy, Legal Counsel, Canadian Civil Liberties Association re: Limits to Freedom of Speech, Network Canada Convention, Montreal, P.Q.

August 1993
Amnesty International Legal Network Conference Boston, Mass. re Legal Aspects of Hate Propaganda in Canadian Law

February 1994
York University/ Goethe Institute Conference on Germany From W.W. II to Today, re: Comparison of Canadian and German Hate Crimes Laws

October 1994
B'nai Brith National Conference on Legal Remedies for Hate Crimes in Canada, Toronto, re: Civil Remedies for Hate Crimes

March 1995
Peel Multicultural Council Community Forum on the Elimination of Racial Discrimination - re: Community and Legal Responses to Racism

June 1995
Canadian Conference of Human Rights Commissions, Winnipeg Manitoba, - re Civil Remedies to Hate Crimes and the Use of Human Rights Commissions to Fight Hate Crimes

March 1997
Peel Multicultural Council Community Forum on the Elimination of Racial Discrimination - Re: Community and Legal Responses to Increase in Hate Crimes

September 1997
Panelist - First International Symposium on Hate on the Internet (sponsored by B’nai Brith Canada)-

November 1998
speaker and organizer - two part appellate/motion advocacy symposium on behalf of Peel Law Association - other speakers included the Honourable Mr. Justice Laskin of the Ontario Court of Appeal, the Honourable Madame Justice Simmons of the Ontario Superior Court of Justice, Mark Freiman and Wendy Matheson

March 1999
debate with Alan Borovoy, Chief Counsel, Canadian Civil Liberties Association, Professor Richard Rosenberg, Vice President of Electronic Frontier Canada, and Valmond Romelly, President Harambe Association - topic - Free Speech and the Internet (part of Second Symposium on Hate on the Internet, co-sponsored of which I was co-chair and organizer)

May 1999
speaker at C.B.A.O. section meeting on New Technologies

November 2001
speaker and organizer - four part trial advocacy series on behalf of Peel Law Association - other speakers included the Honourable Mr. Justice Durno, and Madame Justice Van Melle of the Ontario Superior Court of Justice, the Honourable Mr. Justice Karswick and the Honourable Mr.Atwood of the Ontario Court of Justice, Mark Freiman, Deputy Attorney General, Joel Richler, John Rosen, Wendy Matheson, Paul Taylor, Crown, Region of Peel, Jonathan Speigal, John O’Kane, Kelvin Ford

April 2002
organizer and panellist, along with the Honourable Mr. Justice MacKenzie, John O’Kane and Ed Upenieks, Programme on the New Cost Grid

2001-2002
Instructor in Family Law, Ontario Bar Admissions Course

June 2002
organizer and moderator: Civility in the Legal Profession (with the Honourable Mr. Justice Kruzick of Superior Court of Justice), Peel Law Association

December 2002
co-organizer (with the Honourable Mr. Justice Durno) and moderator: Six Minute Superior Court Judge Programme, Peel Law Association

February 2003
organizer and moderator: New Cost Grid Redux , other participants were the Honourable Mr. Justice MacKenzie, John O’Kane and Ed Upenieks, Peel Law Association

March 2003
Public Interest Intervention in Human Rights Cases, Canadian Race Relations Association Conference, Montreal Quebec

September 2003
organizer, moderator and presenter: The Six Minute Civil Litigator – other participants : John O’Kane, Ed Upenieks, Jonathan Speigel, Robert Klotz, Brian Jenkins, Stuart Gillis, Peel Law Association

November 2003
organizer and moderator: Bankruptcy and Family Law with Robert Klotz

December 2003
co-organizer (with the Honourable Mr. Justice Durno) and moderator: Six Minute Superior Court Judge Programme, Peel Law Association

January 2004
organizer and presenter: Representing Parents in Child Welfare Proceedings

January 2004
Ethics and Community Involvement from a Jewish Perspective, Canadian Jewish Law Students’ Association

November 2004
organizer and moderator: The Ten Minute Family Judge ,Peel Law Association

January 2005
co-organizer (with the Honourable Mr. Justice Durno) and moderator: Six Minute Superior Court Judge Programme, Peel Law Association

February 2005
co-organizer (with the Honourable Mr. Justice Wake ) Advocacy in the Ontario Court (Criminal and Family) - the Judge’s Perspective, Peel Law Association

March 2005
co-organizer (with the Honourable Mr. Justice Durno), presenter and moderator: Family Law Rules in the Ontario Superior Court Peel Law Association

November 2005
presenter : When Worlds Collide (Family and Criminal Law) (Peel Law Association)

September 2006
moderator and presenter - Third International Conference on Hate on the Internet

November 2006
presenter - Criminal Lawyer’s Association - What the Criminal Lawyer Needs to Know About Child Welfare law

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Published Commentary Articles

June 22, 2002
Wanted Law and Order - Globe and Mail

July 26, 2002
The Canadian Jewish Divide- Globe and Mail

September 2002
Canadian Judges not Candidates for the Jerry Springer Show - The Lawyer’s Weekly

January 8, 2003
Its Good to be a Jew in Canada - Globe and Mail

February 26, 2003
Ernst Zundel is More Dangerous Than You Think - Globe and Mail

June 6, 2003
David Ahnekew Should be Prosecuted - National Post

July 18, 2003
Should This Voice be Heard? - Globe and Mail

September 24, 2003
The Free Speech Tipping Ground - Globe and Mail

January 3, 2004
Why The Protocols of Hate Matter to Peace in the Middle East – The Globe and Mail

March 2004
Zundel Is No Champion Of Civil Rights - The Globe and Mail

March 4, 2005
Terror Starts with Words - National Post

July 2005
There's Good Reason Why Promoting Hatred is A Crime - The Globe and Mail (website)

October 4, 2005
is the Glass Half Full Or Half Empty for Canada's Jews? - The Globe and Mail

December 29, 2005
Given a Chance Iran Will Act on its Hateful Words - The Ottawa Citizen

February 25, 2006
the Rights of Terrorists? What Rights? - The Globe and Mail

May 1, 2006
Human Rights - The Globe and Mail

May 11, 2006
Free Speech has its Limits - National Post

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I have appeared as counsel in numerous important cases before courts, tribunals and commissions throughout Canada. Highlights include

Deschenes Commission on Nazi War Criminals 1984-5 (junior counsel to David Matas, representing the League for Human Rights of B'nai Brith)

B'nai Brith v. Canada (Commission of Inquiry on War Criminals) (1986) 28 D.l.R. (4th) 264 (F.C.A.) - duty of fairness and disclosure of Commission documents (co-counsel with David Matas)

Rennie v. Canada Trustco Mortgage Co. (1991),19 R.P.R. (2d) 271(O.C.(G.D.)) - availability of injunction to allow mortgage redemption in foreclosure proceeding

Rudolph v Canada (Minister of Immigration) [1992] 2 F.C. 652 (F.C.A.) - immigration appeal dealing with Canada's war crime legislation and Canada's international law obligations regarding alleged war criminals

R. v. Zundel [1992] 2 S.C.R. 731 (S.C.C.) - constitutionality of Criminal Code's false news section (co-counsel with Mark Sandler)

Canadian Council of Churches v. Canada (Minister of Employment and Immigration) [1992] 2 S.C.R. 236 (S.C.C.) rules for public interest standing (co-counsel with David Matas)

R. v. Finta [1993] 1 S.C.R. 1138 (S.C.C.) rules for public interest intervention

Commission of Inquiry into the Deployment of Canadian Forces to Somalia (1995-97) - counsel for intervener, League for Human Rights of B'nai Brith regarding issues of race relations and the Canadian military

R. v. Keegstra [No.2], [1996] 1 S.C.R. 458 (S.C.C.) whether reverse onus in Criminal Code hate propaganda provisions violate Charter (co-counsel with Mark Sandler)

Children's Aid Society of Peel v. W. (M.J.) (1995), 23 O.R. (3d) 174 (O.C.A.) test on status review in child welfare proceedings

Ross v. New Brunswick School Board No. 15, [1996] 1 S.C.R. 825 right of human rights tribunal to make finding of discrimination against teacher for off-duty speech (co-counsel with David Matas)

Abrams v. North Shore Free Press Ltd. (c.o.b. "North Shore News") [1999] B.C.H.R.T.D. No. 5 (B.C.H.R.T.) human rights tribunal case dealing with interpretation and constitutionality of British Columbia Human Rights Code provisions dealing with discriminatory publications (subsequent rulings and judicial review proceedings in B.C.S.C. and B.C.C.A.)

Ross v. New Brunswick Teachers' Assn. [2001] N.B.J. No. 198 (N.B.C.A.) defamation case in human rights context

Children's Aid Society of the Region of Peel v. J.L. [2001] O.J. 4422 (O.C.J.) serious injuries to infant in child welfare proceeding

Citron v. Zundel [2002] C.H.R.D. No. 1 (C.H.R.T.) first Canadian case dealing with Canadian jurisdiction over hate speech on the internet. Counsel as well in numerous judicial review cases dealing with this human rights case, including Zundel v. Citron [2000] 4 F.C. 255 (F.C.A.) and [2001] F.C.J. No. 1036 (F.C.A.)

Burrows v. Ontario (2003) unreported decision of the Ontario Superior Court of Justice, granting an interim interim injunction to parents of autistic schoolchildren seeking the reinstatement, on Charter grounds, of therapeutic benefits terminated when their children reached age 6 (note: motion for leave to appeal granted, but appeal abandoned)

McNabb (Litigation Guardian of) v. Ontario, Bettencourt (Litigation Guardian of) v. Ontario (2005),74 O.R. (3d) 550 (O.S.C.J.) interim injunction case distinguishing Supreme Court of Canada decision in Auton (Guardian ad litem of) v. British Columbia (Attorney General)

A.I. v. Ontario (Director, Child and Family Services Act) (2005), 75 O.R. (3d) 663 (Ont. Div. Ct.) judicial review of a Director’s adoption decision Child and Family Services Act , deals with limitations on parens patriae jurisdiction of Superior Courts

Jhuman v. Moakhan [2005] O.J. No. 4302 (O.S.C.J.) penalty ordered against ex-husband for contempt of court

B(S) v. Director or Child and Family Services for the Province of British Columbia 2006 (O.C.A.)

Canadian Human Rights Commission v Lemire (2006-7)(Canadian Human Rights Tribunal) constitutional challenge to Canadian Human Rights Act amendments

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Continuing Legal Education

1990 - Osgoode Hall Law School - Intensive Trial Advocacy Workshop

1992 - Canadian Dispute Resolution Corporation - Basic Mediation

1994 - Canadian Dispute Resolution Corporation - Advanced Mediation Workshop

1994 - Dr. Barbara Landau - Basic Family Mediation

1995 - Canadian Dispute Resolution Corporation - Advanced Mediation Workshop

1996 - Ontario Centre for Advocacy Training - Appellate Advocacy

1997 - Ontario Centre for Advocacy Training - Written Advocacy

2006 - Raul Wallenberg Human Rights Symposium, Osgoode Hall Law School and New York University, New York

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Community Involvement

(2001-2004) - Board Member, Board of Directors, Peel Law Association (co-chair and chair, continuing legal education committee )

2001-2004 - member, Board of Directors, Miles Nadal Bloor Jewish Community Centre

1997-present - member, Board of Directors, Downtown Jewish Day School

1998-2000 - National Co-Chairman, League for Human Rights of B'nai Brith Canada

1990-92 - Chairman, League for Human Rights of B'nai Brith Canada, Ontario Region

1984-Present - Member, National and Ontario Cabinets, League for Human Rights of B'nai Brith Canada

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I have appeared on behalf of the League for Human Rights of B'nai Brith Canada at a variety of public and legal forums in regard to human rights issues, Included in my activities are appearances as counsel before human rights tribunals, the Deschenes Commission on Nazi War Criminals, the Federal Court (Trial and Appeal Divisions), the Supreme Court of Canada, and the Commission of Inquiry into the Deployment of Canadian Forces in Somalia. I have participated in various public debates, and as a panellist or keynote speaker at numerous conferences and symposia. I have drafted and presented numerous briefs to public bodies and government ministers.

Member, Toronto Mayor's Committee on Community and Race Relations (1993- 1997)

Member at Large, Council on Race Relations and Policing (Metropolitan Toronto) (1987 - 1989)