Winnipeg Free Press

Winnipeg Free Press (Newspaper) - September 18, 1981, Winnipeg, Manitoba Winnipeg free september 1981 Al woman tax notice two weeks City seeks to Block Appeal by Steve Pona the City of Winnipeg yesterday asked a judge to Block the Board of revision from hearing the Case of a woman who wants to contest a tax notice she received in the mail two weeks after the Appeal deadline had the court of Queens Bench hearing was told Sarah Torchinsky received a business tax assessment front the City on May she sent it to her who tried to file an Appeal three Days but was told it was too the deadline for filing an Appeal of this years business tax assessments was May Torchinsky which applied to a rental building at 961 Jarvis was one of business assessments the City sent by bulk mail on april for some unexplained reason it want delivered for More than a Torchinsky lawyer took the Case to the Board of which hears tax complaints and won the right to a the City objected and filed an application with the court to Block the City lawyer Marvin Samphire told Justice Dewar the assessment no Tice was mailed on time and the fact the taxpayer did not receive it until it was too late to Appeal is something totally out of the cites Samphire said the City complied with All the requirements under the City of Winnipeg he argued the Board of revision has no jurisdiction to extend the filing Date and no right to hear this particular Section 183 of the City of Winnipeg act provides that an assessment or failure to properly deliver a is not enough to invalidate the assess he lawyer Ross representing opposed the cites arguing the rules of natural Justice require that no one be taxed without being told and without being Given the right to Nugent said his client did not get notice in the proper in effect didst get notice at All because it didst reach her until after the Date for filing a complaint had he called the situation it int so much the amount that is at Issue it is the principle its he said in an judge Dewar said it seems to me there is something wrong with the situation where a taxpayer can be denied the right to Doest that do violence to some principle of the Law Samphire told the court there is no armed forces Rescue team goes into action with bandages and stretchers to help tend to persons in mock crash jetliner crash May help save lives phantom 81 simulation exercise tests Rescue readiness at Airport by John Mcmanus a jetliner crashed and burned yesterday just after Takeoff from Winnipeg International strewing 29 injured passengers and Crew along a dry Creek that was the scenario of phantom an air crash simulation exercise conducted to test the readiness and capabilities of Winnipeg emergency All of the injured were rescued alive in the practice run and coordinators George Elliott and Bill Willis said they were satisfied with the combined responses of ambulance and crash As Well As other agencies the airports general Man and regional director of emergency planning said the exercise will now give them a Chance to remedy any problems in agencies blended coordinating phantom 81 was a major diplomatic chore which involved blending separate All with there own disaster readiness methods and jurisdictional a the mock crash took place North of the Airport in an area policed by the Stonewall ramp but ramp from the Airport detachment and members of Winnipeg d division Headquarters also took crash communications and other personnel from transport can Ada were along with Winni Peg fire and ambulance ser City several provincial departments and the Ca Nadian armed for the first time in a simulated exercise Here the airlines All put their own disaster plans into they later called it a valuable experience in the event of a real Trage phantom 81 began at when agencies were suddenly told a plane had crashed As it was taking off on a northbound emergency organizations had been expecting the exercise but but were not Given the the scenario had the plane losing a Wing while lifting its Landing veering to the left and crashing into a wooden Bridge on an unpaved Section of Selkirk Avenue just beyond the airports North after the in which the plane was to have broken apart and burst into survivors ran or dragged themselves along the West Bank of the ambulances arrived five minutes after first notice of the four Airport foam trucks and two Canadian forces am Wayne free press rescuer goes to Aid of student posing As injured balances Amerigo base surgeon on the said the first casualties were on their Way to seven Oaks hos Pital by then coordinators at the Airport control Centre threw in a Tell ing rescuers the Jet has a Case of dynamite Winnipeg police and the armed forces both called in their bomb which took the dynamite away and detonated the coordinators reported a live Cable on the burned aircraft and an Airport Field Crew was called to remove the casualties were played by students from Sturgeon Creek High who were Onvall at the air port from to perform for an they were Strung out from Selkirk Avenue to the up rail main line and were so Well concealed in Long grass that Only 20 of the 29 were found evacuation the key Winnipeg fire chief Lloyd moist said the medical evacuation was the key to the whole exercise and he thought it went another observer said the exercise pointed out the need for ambulance Drivers to position themselves closer to the crash because it was found that two attendants could not carry a Stretcher far without Stop Ping to the Airport control Centre is staffed by transport Canada person Al and in an emergency can Broad cast and receive on All radio frequencies of Rescue and police including those of the in a real airline officials would be at the control Centre to provide information to relatives of passengers Way for the Board of revision to extend the filing without a fixed dead there would be no end of difficulty for administration of the cites he Samford said in an interview that the intention was not to look like an but to maintain consistency in the Appeal it leaves too much discretion in anyone hands to decide who should be Able to get an Appeal once the limitation period has Samphire told the court Torchinsky had other methods of seeking including going to City Council and requesting a Grant to cover the Nugent said his client wishes to contest her liability on the ground that she is a carrying on a business and not subject to business f Orchinsky was Given a licence in lieu of the tax in midf980 and had never been assessed on the property Nugent said he believes if Torchinsky applied to Council for a the cites Law department would no doubt main Tain she is judge Dewar observed the City did everything it was required to but asked if a taxpayer gets the notice after he was foreclosed from a what Good is it the judge reserved his i Crown blames court backlog on lawyers Winni Eggers charged in provincial court Are facing delays of More than four months for their trials and a senior Crown counsel says City lawyers Are largely to Wayne Moshkowsky said yesterday Many lawyers Are wasting court time by advising their clients to plead not guilty and set a trial then Chang ing the plea to guilty just before proceedings Are to the trial backlog in provincial court for people out of custody is four months and one while for those in Cus Tody it is six Moshkowsky said a More cooperative attitude on the part of defence counsel could help reduce the backlog to 90 theres a lot of wasted time which could be removed if we could lust get some Moshkowsky he made the comments at a meeting of Crown counsel and judges organized by the Canadian bar Asso Moshkowsky said statistics during the last 18 months show that 70 per cent of the cases set for trial never material in six cases out of the accused changes his plea to guilty less than 10 Days before the trial was to have some lawyers advise their clients charged with breathalyzer offences to use this so they will be Able to keep their licences for a few extra but he said it would be just As easy for the lawyer to approach the Crown and make an agreement that his client will plead guilty in several rather than going through the process of setting a trial lawyer Stan Nozick told the meeting that the provincial screening designed to Speed up the court puts too much pressure on defence he said there is too Short a time Given for lawyers to consult with the Crown and considerable pressure is put on the defence to dispose of the Nozick said courts Are chronically late starting their which is wasting time for lawyers As Well As for the court lawyers defend actions Many of the lawyers present defended themselves against mesh Kowsky saying that there Are Good reasons for setting trial dates even if a guilty plea is the ultimate one lawyer said it is often advantageous to wait until the scheduled trial begins before plea because the Crown May be More willing to make a Deal once it sees How Strong a Case has been in some the Crown May be Lazy and willing to make a Deal to avoid going through the entire the Law yer lawyer Robert Tapper added that the waste of court time May be info Stu but he considered it an inherent part of the he said clients who go to trial will often be reluctant to plead guilty until they see the actual lineup of witnesses and the strength of the Case against although a group of provincial court judges attended the they took Little part in the judge Howard Kouerman said he would have participated More but Felt inhibited by the presence of a political leaders Praise Mcgonigal selection Manitoba three major party Lead ers welcomed news of the appointment yesterday of Winnipeg Deputy mayor Pearl Mcgonigal As the provinces next the term of Bud Jobin expires at the end of the it is expected that Mcgonigal will be sworn in about becomes the prov inces 20th lieutenant governor and the first woman to hold the Premier Sterling Lyon said Mcgoni gals distinguished record of Public service is sure to help her in her new this same sense of service and interest in people can now be applied on a province wide basis As she represents the Crown in he opposition Leader Howard Pawley sent Mcgonigal Best wishes from Nee where he was meeting with local business she has Many friends As a civic and i am sure that Mcgonigal will be a very popular and effective he Liberal Leader Doug Lauchlan called Mcgonigal a worthy successor to Jobin and said she would perform her duties with style and i cant imagine a More suitable Choice for this important and demand ing he Robertson seeks conservative nomination in vital by Ingeborg Boyens John Host of abcs 24 gave up 25 years in journalism yesterday to take up the progressive conservative Banner in the next provincial Robertson handed program directors his resignation yesterday morning and announced he will Challenge new democratic party la Jim a 10year Veteran of the for the seat in Robertsons departure leaves abcs new Public affairs program without a Host just four Days before it is scheduled to the Star of the show collected his salary during the course of the four monthlong Nabet strike and has been featured in recent promo the programs executive producer Marv perhoch said he Amica Bly agreed to dissolve Robertsons con it would be very difficult for him to be he it was the Best thing to do for the program and for John Robertson said it want easy for him to make the decision to leave the but the offer made last week by conservative organizer Nate Nur Gitz was too interesting to pass no guarantees Robertson said the party promised no special financial incentives in its bid to lure him away from the television rumoured to pay about nor was there a pledge of a Cabinet Post if the tories Are Robertson said he agreed simply because they asked i have been Given no he they have been Able to sell me if i didst honestly believe that i could achieve something Robertson said his move is a real commitment to politics because he Likely wont be Able to return to journal he is hoping to support himself by continuing his Media consulting As Long As it does not conflict with his new Robertson said a seat in the Legisla Ture would finally give him a Chance to see what goes on behind the closed doors of every journalist wonders what it would be he its a morbid fascination to see if anyone will vote for Robertson said he was becoming More and More attracted by politics towards the end of his 25 years As a sports open line radio Host and television he said Public office would give him an Opportunity to Champion More effectively the such As fitness pro Grams and help for the mentally retarded which have become dear to maybe i could do More working from he i think in my Humble Way i can contribute something to the although he said he has never been a member of a political the self de scribed free Enterprise said he is More in tune with the policies of the conservative organization than any other i think i am going with the most capable party of the he but he said if the tory government was doing everything he bother running for Public App stronghold Robertson is sure the Lyon administration will be reelected whenever the election is but he said he will Likely be the underdog in the vital contest because the seat has been an nip stronghold for although Robertson does not live in the he said he knows vital because of his work at the Amant Centre for in not afraid to he i would be More afraid of not Walding said yesterday he want intimidated by having to fight a television personality for his we look Forward to an enjoyable Campaign in he neither the Liberal nor the Progress Ive parties have named candidates in Robertsons candidacy must also be approved at a nomination meet f Robertson said he is concerned How Well he will fit into the regimented Structure of a party or i am not the kind of person who will walk in he Ive Al ways had difficulty waiting for my turn to has worked at Media outlets in Montreal and he has been chairman of the Manitoba Marathon since the run began in 1977 and an Active Volunteer for the Canadian association for the mentally retarded for five he was a High school dropout and once a baseball hopeful for the Washington perhoch said a slightly amended version of 24 hours will go on the air on he said existing staff will be Able to carry the perhoch said he wont be looking for a replacement for Robertson until the shows program plan has been ironed that is not my priority he Robertson not afraid to ;