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LINDA'S RECORD OF PROFESSIONAL ACHIEVEMENT AND COMMUNITY SERVICE:

2016
- Published Eden Cooking School Demonstrators' Recipes, First Edition, Toronto, on February 29

2012
- Began researching and presenting on health questions

2010-2016
- Coordinated and demonstrated at the Eden Cooking School in Toronto

2004
- Completed and mounted information providing web page
- Commenced lecturing on "The Colour Code" summer of 2004
- Conceived and organized WEBb's BNI Adventure Afternoon networking event
- Attained accreditation as certified Vegetarian Cooking School Instructor
- Director, Religious Liberties, Kingsview Village Church

2003
- Director, Health and Temperance Department, Kingsview Village Church
- Revision of the Do You Know publication series
- Publication of "The Power of Personal Penmanship" in the BIG BOOK
- Received BNI's Master Networker Award

2002
- Publication of "New Home Construction" why you need a lawyer, Toronto Business Times, June 2002
- Received BNI's MVP Award [Most Valuable Player] BNI Chapter Award of Excellence

2001
- Director, Communications Department, and Church Clerk, Kingsview Village

2000
- Trekked Antarctica and Easter Island and conclusion of the 7 Continents, 7 Oceans, Millennium around-the-world cruise and return to Toronto and law practice reinvigorated

1999
- Commencement of travel sabbatical on the 7 Continents, 7 Oceans, Millennium around-the-world cruise

1998
- Offered e-mail communication with clients
- Commenced feeding the homeless, religious liberties, and nursing home visitation programme

1997
- Established new law in civil procedure in Lochwin v. Wasserman - see Explanatory Notes on Reported Cases 9, and the listing under Business Law, Corporate & Commercial, Trials and Civil Litigation

1996
- Mounting of law practice's first web page

1995
- Established new law in family law in Orzeck v. Orzeck, which clarifyies the parental obligation to pay child support to or for a child over the age of majority, who was not in communication with the parent - see Explanatory Notes on Reported Cases 10, and the listing under Family Law and Civil Litigation



HOME PAGE: Linda Kolyn, LL.B.HOME PAGE: Linda Kolyn, Barrister and Solicitor. Legal Quotes and Counsel From Linda Kolyn.
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Reported Cases


Areas of Law considered in this case: - Variation of Life Insurance - Trusts - Estates - Children's' Claims - Civil Litigation - Protection of Children's' Interests - Parens Patriae Jurisdiction of the Supreme Court of Ontario - Trustee Act - Variation of Trusts Act - Succession Law Reform Act - Children's Law Reform Act - Surrogate Courts Act - Judicature Act

Sloan v. Sloan, [1989] O.J. No. 682

The young widow was separated from her husband, when he died in a single car accident early one Sunday morning. The young widow was living with the son-in-law of her husband's parents at the time her husband died. I remember the young widow telling me that she and Stewart became friends as they would often talk at the family weekend parties held at the grandparents' cottage, since they were often the only two not drinking heavily by the end of the evening.

I remember seeing the police pictures taken at the scene of the accident. How graphic and tragic this young man's death was!

The widow's husband had left the proceeds of his life insurance policy to his two young children. The husband's father was named the sole trustee of the life insurance proceeds, which the law characterized as trust funds.

I brought an urgent interim court application before Mr. Justice Reid the first winter after the husband's death. The young widow had been forced to send her eldest son, Daniel, to school in a snowstorm, in his running shoes that had holes in them. The grandfather had refused to give the young widow any money to pay for necessities for the children, despite many requests.

Mr. Justice Reid ordered an interim support payment immediately and monthly thereafter, based on the amount of income that the investments the grandfather had made were generating. This was within his discretion as Judge to award, but very rarely done, especially on an interim application { as Madam Justice Van Camp noted in her reasons for judgment in the main application }.

I had appeared many times before Mr. Justice Reid since he often sat in Divisional Court, on statutory appeals and judicial reviews and I was often in Divisional Court as Counsel for the Attorney General on statutory appeals and judicial reviews. Mr. Justice Reid almost always understood my client's position from the written argument or factum that was required. My client usually prevailed. I had never had occasion to have Mr. Justice Reid raise his voice or show any annoyance with me as counsel.

However the day that Mr. Justice Reid granted the interim order setting the young widow's allowance for the two young children Mr. Justice Reid was really exasperated, and all of the other counsel sitting in court waiting to be heard on other cases knew that.

Mr. Justice Reid wanted to fully determine all of the issues raised in the application at one time so that justice could be done. So he raised his voice in exasperation and told me that although he recognized that this was an emergency application, he wished that I had filed a factum, in order to give him the jurisdiction [or power] he needed under the legislation in question, and the Rules of Civil Procedure, to make a final disposition of all of the issues in the matter.

From that day forward, unless the client instructs to the contrary, I have never appeared in a court matter that ultimately required a factum without one.

On a happier note, the problems that Madam Justice Van Camp noted in her decision that the eldest child was having were soon resolved. The eldest child went to see a " talking doctor" as he called his child psychiatrist, and played some games and did some puzzles. His grades in school improved.

The young widow and Stewart were eventually married. Stewart adopted the children. The blended family was getting along well.

The wisdom of Mr. Justice Reid in establishing the interim allowance, and the wisdom of Madam Justice Van Camp removal of the grandfather as trustee, leaving the funds in court until the children each reach the age of majority; and appointing the Official Guardian as trustee instead of the grandfather; provided available funding to send both of the children to college or university, or establish them in careers of their own.

From the senseless tragedy that was the father's death that early morning on the highway, his children now have the assurance that they can pursue higher education, or career interests, since the wisdom of counsel and the judges involved in this case salvaged all the benefit the legal process could provide to these children.

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Linda Kolyn, LL.B.
Barrister & Solicitor

Bloor Islington Place
3280 Bloor Street West
Suite 1140
11th Floor, Centre Tower
Toronto Ontario
M8X 2X3

Tel: 416-236-8746
Fax: 416-236-9745



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