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1 THE LEGAL ELITE T HE M A G A Z I N E O F P R E F E R R E D LEG A L SPEC I ALIS TS BUSINESS LONDON 20112 3 THE LEGAL ELITE THE MAGAZINE OF PREFERRED LEGAL SPECIALISTS BUSINESS LONDON 20114 CONTRIBUTORS PUBLISHED BY BUSINESS LONDON CHRISTOPHER CLARK Christopher Clark is an award-winning freelance writer who writes regularly for a variety of newspapers and magazines across Canada. He is a regular contributor to Business London and London CityLife and writes materials for businesses of all sizes. He has a master s degree in journalism from the University of Western Ontario and is an adjunct professor in the Faculty of Information and Media Studies at UWO. RICHARD BAIN Richard Bain s photographs have appeared in publications throughout North America and Europe. He is well known for his series of coffee table photo books: Cheers! Ontario Wine and Local Flavours, with foreword by Jim C London People Parks and Places, with foreword by Victor G Images of Waterloo County, with foreword by Peter G Niagara, with foreword by Donald Z the bestseller Stratford, with text by Christopher P London, with foreword by Bill B The Thames, with foreword by Lloyd R Stratford Dramatically Different, with foreword by Colm Feore, as well as several other titles. In addition, Richard has numerous commercial clients. His photography studio and home are located in London, and together with his wife, Joan, he has four children Gainsborough Road London, Ontario N6H 5L Publisher & Editor: Gord Delamont Contributing writer: Christopher Clark Contributing photographer: Richard Bain Layout & Design: Gary Cronin Advertising & Sales: Michelle Lucy Tami McMahon ALL RIGHTS RESERVED. JANUARY 2008 CANADIAN PUBLICATION MAIL AGREEMENT NO ISSN5 THE LEGAL ELITE THE MAG AZINE O F PREFERRED LEG AL S PEC IALIS T S C O N T E N T S IMMIGRATION PRACTICE GROUP Siskinds... 7 REAL ESTATE LAW Thomson Mahoney Delorey... 9 COMMERCIAL LITIGATION GROUP Lerners...11 PERSONAL INJURY LAWYER Good Law Office...13 BUSINESS AND FINANCIAL SERVICES GROUP Harrison Pensa ONLY IMMIGRATION Greg Willoughby...17 CIVIL LITIGATION GROUP Foster, Townsend, Graham & Associates...19 FAMILY LAW Paul F. L&pine Law Office...21 LABOUR AND EMPLOYMENT LAW GROUP Siskinds...236 Glenn Matthews and Kim Ly7 Siskinds Aas technology continues to shrink the world, IMMIGRATION PRACTICE GROUP removing borders to communication and commerce, there is an irony that businesses face every day. Actual physical borders between countries are getting tighter, so moving people around the world has become a more complex challenge than ever before. Glenn Matthews understands exactly how this new reality affects businesses. For more than 16 years, he s been helping organizations get their people where they need to be, whether that s somewhere in North America or further afield in a country like China. Matthews leads the Immigration Practice Group at Siskinds, one of the city s premiere firms. He has specialized in immigration law his whole career and is licensed not only in Ontario but also in Illinois, so he can represent clients on both sides of the Canada-U.S. border. He works closely with Kim Ly, an immigration practitioner who has worked in the field for 15 years and speaks fluent Cantonese. She is the Senior Immigration Consultant and helps to manage the department. Together, they head up the Immigration Practice Group, which works for corporations of all sizes across the country. Corporations need to get their people all over the world for lots of different reasons, says Matthews. Sometimes it s an emergency with a piece of equipment that needs to be serviced immediately. A whole production line can be down waiting for an expert to come and fix whatever it is, and if that person can t cross the border, it costs that company a lot of money. That s one of the things we help with. Much of the group s work, however, is about planning to avoid such emergencies, helping companies secure work visas and permits for countries where they operate. We try to foresee problems and take care of issues ahead of time, says Ly. That s the best solution for everyone. She and Matthews have worked together on immigration issues for 15 years, and they work with companies from all over the world. They are assisted in London by Angela Dupont. In addition, Siskinds has immigration offices in Windsor and the U.K. Beyond that, Matthews and Ly have contacts with law firms around the world they can call on for support wherever it s needed. That kind of knowledge and experience attracts large companies in Canada and across Europe, not to mention Asia, where Siskinds has a strategic alliance with the Dacheng Law Firm, China s second largest law firm. We work with a lot of clients, Matthews says. They appreciate our experience and results. They also appreciate the fact that we work on a fixedfee structure they know exactly what it is going to cost for a visa or the service they require. It s not just large clients that need immigration help. Tighter enforcement at the U.S. border now means that Canadians with minor legal problems (often long in their past) can be stopped at the border, whether the trip is for business or a family vacation. Even someone with a full pardon can be stopped, Matthews says. His office helps people apply for criminal waivers necessary to cross into the U.S. in such circumstances. Recently, the immigration group began working with families of foreign students, setting up a plan for students who come to Canadian schools, putting them in touch with placement agencies and helping them become permanent residents if that s what they choose to do after graduating. The Siskinds Immigration Practice Group is one of the country s preeminent immigration legal practices, a reputation its members have earned by working hard and producing results WATERLOO STREET8 STANDING FROM LEFT: Kevin Fryday, Bill Hagerty, Stew Thomson and Richard Mahoney SEATED FROM LEFT: Vivian Lui and Taiye Emovon INSET FROM LEFT: Tom Delorey, Robert Haas and Andrew Robinson9 AThomson Mahoney Delorey REAL ESTATE LAW as anyone who has ever bought a house knows, closing the deal can be a frustrating process. When it goes smoothly, it s a happy moment. But there are several points along the way when delays can crop up, slowing the entire process sometimes to the point of scuttling the whole thing. The lawyers at Thomson Mahoney Delorey have closed thousands of real estate deals both residential and commercial over the years. So they have seen and dealt situations of all kinds. They know how to resolve problems and get deals closed. The firm specializes in real estate law but covers a wide range of other work as well. In the last two years, it has grown from seven to nine lawyers, and its scope of work has grown as well. The newest lawyers at the firm, Vivian Lui and Taiwo Emovon, continue a rich tradition of legal service. The firm was established three decades ago and quickly joined forces with legendary local lawyer Charles Haskett. He symbolized the firm s enthusiasm for the law and for serving its clients. Long-time lawyer William Hagarty has taken up that mantel. He has practised law for nearly 60 years and continues to work part-time, specializing in wills and estates. Most of the firm s lawyers do real estate law of one kind or another. They have extensive experience in dealing with rural, residential, commercial and multi-family unit transactions. In 2000, Thomson Mahoney Delorey played a major role in the beta project to convert to an electronic land registration system, demonstrating the firm s proactive approach and commitment to innovation and technology. Ultimately, the firm was a test site for the duration of the project and one of its founding partners, Stew Thomson, helped create a new protocol for the way real estate transactions were to be registered in the new electronic system. Real estate law is fast-paced, with many transactions occurring at the very last moment, says Thomson. That s a big change in the last few years, and it means lawyers have to be technically savvy to serve their clients and get deals done. When deals don t go smoothly, it s sometimes necessary to litigate, and the firm has three seasoned litigators who can step into a situation real estate or another issue and help get it resolved as quickly and successfully as possible. Tom Delorey, Andrew Robinson and Robert Haas handle all kinds of litigation matters in addition to real estate. Among them: replacing estate trustees, contesting wills, acting for beneficiaries or potential beneficiaries who question the division of an estate s assets, and third-party claims. We always work to get a real estate deal done, but it s inevitable that sometimes things don t go smoothly and you have to litigate, notes Thomson. Our combination of real estate expertise and experienced litigators is the perfect combination to get a resolution to a real estate dispute. Because it s a mid-sized firm, Thomson Mahoney Delorey prices its services competitively and provides personalized service to every client. It s an ideal combination of services in an office big enough to solve legal challenges but small enough to work directly with clients during the process WHARNCLIFFE ROAD SOUTH10 STAIRCASE FROM LEFT: Lianne Armstrong, Joe Masterson, Jennifer Barlow, Carolyn Brandow, Paul Brooks, Ian Leach, Jennifer Costin FRONT ROW FROM LEFT: Michael Lerner, David Waites, John Judson ABSENT: Ted Kalnins, Peter Kryworuk, Ian Dantzer, Yola Ventresca and Andrea Plumb11 Lerners COMMERCIAL LITIGATION GROUP Iin good economic times and bad, businesses need to focus on what they do best and not be concerned with legal hurdles that threaten to sidetrack their efforts. The Commercial Litigation Group at Lerners LLP works every day to tear down legal hurdles for its clients, helping them focus on their daily operations. Sometimes that means going to court and fighti more often it means negotiating artfully to resolve a dispute quickly without burning bridges or making enemies. In either circumstance, Lerners provides the highest quality service rivalling anything available in Toronto from its London office. Local lawyers who understand local issues work to resolve disputes in whatever manner is best for their clients. In many of these situations, the people involved will have to deal with each other in the future as they continue doing business, so it s important to resolve the dispute in a way that allows them to do that, says Ian Leach, Commercial Litigation Group leader. That doesn t mean we advocate settling at any cost. That s where our expertise is helpful, in figuring out the best way to get a dispute resolved. The Lerners team recognizes the first priority of any business is to operate profitably, even while dealing with a legal dispute. We understand what s important to our clients, says Jennifer Costin, a Lerners partner. If a client spends years in litigation up to and including trial, it may win the court case but lose financially because of the time and energy spent fighting the dispute. There are times when it s necessary to fight long and hard in court, and we can do that very well, but we also recognize that s not always the best strategy for our clients. The Lerners team has earned a reputation for delivering results for its clients, locally and nationally. It represents clients in disputes of all kinds, from contract disputes of any kind to disagreements between companies and their suppliers. They also handle shareholder disputes and disagreements within family-run businesses. Clients in Southwestern Ontario appreciate the high level of service they can get from a firm here in London, without having to go to Toronto, says John Judson, a senior member of the Group. We can match anything available in Toronto. However, if a client needs assistance in Toronto, Lerners can offer seamless representation because it has a Commercial Litigation Group in its Toronto office. The two groups work together as required to help clients in each unique circumstance. Lerners is a progressive firm, using the latest technology to assist clients efficiently. One of the first considerations in any major dispute is document management, says Ian Dantzer, a member of the Group and the firm s managing partner. We use sophisticated electronic systems to handle information and organize a client s case clearly and efficiently. That s very important. Because Lerners is a large, full-service firm, the Commercial Litigation Group can help clients get answers to other legal questions working with other groups within the firm. We have expertise based on experience in a wide range of commercial litigation matters, says Peter Kryworuk, a senior member of the Group. Working together, we can help clients with any legal issue or challenge, large or small , 85 & 88 DUFFERIN AVENUE12 Gordon Good13 Law Office Good Aat times it s difficult for a small business owner, manager or supervisor to know whether to take an interest in the lives of employees away from the office. No one wants to be a meddler. There are times, however, when some intervention is not only appropriate, it s welcomed. When an employee suffers a serious injury, in a vehicle or elsewhere, the best thing a boss might do is look out for that person s future. The interest is, of course, mutual. The employee s return to health and employment is critical for the employee and of significant importance for the employer who wants the employee back at work and contributing to the business bottom line. The employee, quite naturally, may not be thinking about legal remedies and obtaining all necessary rehabilitation to assist in the return to work in the early days following an accident. But that is the very time when it s crucial to be represented by a lawyer who understands personal injury law, someone looking after the victim s long-term interests, who will work tirelessly on the person s behalf to assist in a return to work and to claim financial redress that helps make their life whole again. Gordon Good is just such a lawyer. For nearly three decades, he has been helping people when they are most vulnerable, their lives shaken by physical pain, their financial future in doubt. I try to help people at a time when they usually do not know what to do or how to proceed in a system where the insurer knows the rules and has the obligation to assist, says Good. Often it is a business colleague, PERSONAL INJURY LAWYER a boss or co-worker, who suggests someone contact me. Afterwards, the employee expresses gratitude for the assistance because it can make all the difference in their recovery. It s important to remember the law provides for rehabilitation to help people recover. It s their right, and often it s someone at work who reminds them of that fact. Among law firms that assist people following an accident, Good is unique because he personally shepherds every case through the sometimes Byzantine legal system, looking out for his clients interests throughout what can be a long process. When you hire me, you talk to me, he says. You don t get shuffled around or speak to a different person every time you call. I return calls and
s to let my clients know what s happening every step of the way. Good focuses exclusively on serious personal injury claims. He has earned a reputation for knowing the law and treating his clients with respect and compassion. That s what his clients need at a critical time in their lives. A long-time London resident, Good never represents insurance companies. He has been an active member and director of the Ontario Trial Lawyers Association, a group of lawyers who represent individuals and not insurance companies. Good is happy to meet with people who have questions. Initial consultations are free, and he doesn t get paid until the case is resolved. People in a crisis need someone on their side. That s what I do. It s something I enjoy doing, helping people take the first steps toward rebuilding their lives QUEENS AVENUE, SUITE14 Harrison Pensa Business and Financial Services Group15 Pensa Harrison Hharrison Pensa is the leading business law firm in Southwestern Ontario and its Business and Financial Services Group has the depth of experience that businesses in the region have come to rely on and trust more than any other firm. The combination of Harrison Pensa s experience across a broad range of industry sectors, its expertise in the many elements of business law, and its clientfocused and results-driven approach, means that area businesses know that they will be provided with business solutions that work for them. Although a mid-sized law firm, we are considered large by Southwestern Ontario standards. With approximately 60 lawyers, we re large enough to offer all of the resources that clients need yet small and nimble enough to quickly adapt to changing trends and market forces, says Geoff Pulford, CEO at Harrison Pensa. The expertise, breadth and depth of Harrison Pensa s Business and Financial Services Group allows it to handle business transactions of all kinds. From initial corporate needs, such as incorporations and shareholder agreements, to the needs of more mature businesses, including mergers, acquisitions and business combinations, Harrison Pensa has the experience and expertise to bring to bear to find the required solutions. The Group also has expertise in trademark and copyright law, securities law, public and private partnerships, joint ventures and business succession issues. The Group s financial services expertise is unmatched in the region, whether acting for institutional or private lenders or borrowers, and extends to a full range of services relating to commercial and residential real estate. Members of the Group have specialized knowledge and recognized expertise in wills, trusts and estates, taxation issues, estate planning and succession issues. BUSINESS AND FINANCIAL SERVICES GROUP Our Business Law Group has a full range of legal expertise and experience, says partner Scott Spindler. Clients want advisors who have seen it before, who understand their issues and who can offer innovative solutions at competitive prices. That s what we offer: experience, results and value. Harrison Pensa provides legal services primarily in Southwestern Ontario, but it recognizes that its clients have interests locally, provincially, nationally and internationally. In order to offer its clients an even broader range of service, the firm has been a long-time member of Meritas, an international affiliation of business law firms with offices in more than 70 countries around the globe. This affiliation allows the firm to confidently refer clients to highly competent business lawyers in other jurisdictions, when the need arises. Through our affiliation with Meritas, we can support our clients wherever they do business. We find that our clients really appreciate the global reach of the network as a complement to their growing business needs, says partner Chris Hamber. Harrison Pensa has strong and long-standing roots in the local community and recognizes its obligation to support and participate in that community through public service. The lawyers at Harrison Pensa are very active in supporting community initiatives, from acting on the boards of non-profit and charitable groups to lending their business expertise to such groups at a reduced rate. It is the combination of all of these factors an innovative, client-focused approach, a commitment to areas businesses and the community that they serve, and a comprehensive offering of quality, value-added, legal service which ensures that Harrison Pensa continues to be the most trusted law firm for businesses in Southwestern Ontario TALBOT STREET16 Greg Willoughby17 AOnly Immigration GREG WILLOUGHBY as nations of the world simultaneously become more integrated but also adopt increasingly complex regulations governing the flow of people and goods, Greg Willoughby finds himself busier than ever. Willoughby is an immigration lawyer who has spent 12 years developing his specialty. The name of his firm, Only Immigration, describes exactly what he does. So too does his designation as a Certified Specialist in Immigration Law with the Law Society of Upper Canada. That designation is given after a rigorous process that demonstrates a lawyer s long-term focus on a single aspect of law, giving him an unusual body of knowledge and experience that differentiates him from others practising in the field with less focus. He spends much of his time working for companies based throughout Canada with international operations. Operating around the globe, they need to send workers to and from offices and factories in many countries. Sending a person across the border to work can be more complicated than sending a crate of goods. Often it s more urgent. If a factory relies on a specialized piece of equipment to be up and running, a company can lose a lot of money if it breaks down, Willoughby explains. If it s a sophisticated machine, the technician might have to come from another country, and the longer it takes to process the paperwork and get him into the factory to repair the equipment, the longer the factory is idle. Even when timing is not as urgent, Willoughby helps corporations plan their international personnel moves, helping create smooth border experiences for everyone involved. I work a lot with human resources directors to make the border a yield sign, not a stop sign. Since the terrorists attacks in September, 2001, the border experience has become less predictable, and another service Willoughby offers is the knowledge of what border crossings might create less red tape than others. He has developed relationships with immigration officers and border officials across the country, and that allows him to increase the odds of success at a given border anywhere from coast to coast. It s not just corporations that are caught up in complicated and sometimes arbitrary immigration regulations. Although the majority of Willoughby s work is commercial, he also represents many individuals who have immigration challenges. Reuniting a family or helping someone gain freedom from an oppressive circumstance are their own rewards, and Willoughby thoroughly enjoys the work he does for individuals. He is a sole practitioner, so clients always receive his full attention and always deal directly with him. Recently, he moved to a new downtown office. He is closer to many of his corporate clients but still very accessible to individuals FULLARTON STREET18 FROM LEFT: John F. Graham, Brian A. Foster and James R. Townsend19 Foster, Townsend, Graham & Associates I CIVIL LITIGATION GROUP the Old North residential fa&ade of the main office of Foster, Townsend, Graham & Associates LLP is somewhat deceiving. From the outside, the two converted Victorian homes on Waterloo Street still look very much like residences, evoking a 19th-century atmosphere. Inside, however, is one of the city s most sophisticated law firms, a bustling office space where dozens of lawyers and support staff use the latest technology to serve clients in London and throughout the province. We are committed to using the latest technology because we ve found it offers an enormous benefit to our clients, says founding partner Brian Foster. Everything we do is about delivering the highest quality service, and increasingly that means using technology in everything we do. Every document at the firm is scanned and digitized, making information available to lawyers and clients wherever they are around the world. It s an extremely efficient system, protected by encryption and passwords, but available at the click of a key wherever it s needed. Clients like the fact that we can access documents instantly, says John Graham, an executive partner. We ve invested a lot in this system to improve our productivity and, thus, the quality of service for our clients. The firm continues to grow, with the numbers of lawyers and support staff ever-increasing to meet clients needs. It focuses primarily on civil litigation, earning a reputation for its insurance litigation work, representing clients large and small in a variety of cases. The firm is recognized for its expertise in the insurance field, and diligently strives to earn the accolades it continues to receive from its clients during regular reviews, thus earning its reputation as one of the top insurance litigation firms in Ontario. Although Foster, Townsend, Graham & Associates primarily represents insurance companies, representing individuals in personal injury or accident benefits matters is a natural extension of its areas of expertise. Every matter is treated with care and diligence, applying reason, compassion and the firm s extensive experience with the object of achieving the best possible results for clients. As a result of the firm s growth over the past three years, the personal injury team provides its services from the firm s satellite office on King Street. The firm is about to complete its 36th year of operation, continuing to work from its original Waterloo Street location. Over those years, it has had an enormous impact on the community, supporting numerous charitable efforts and organizations, including the Brain Injury Association of London and Region, the Fire Fighters Association of Ontario, various charitable events for the London Health Sciences Centre and the Special Ability Riding Institute (SARI). We are privileged to live and work in London, and we take pride in giving something back, says James Townsend, an executive partner. From the outside, it s not obvious what goes on at Foster, Townsend, Graham & Associates. Inside its stately offices is a law firm with a solid reputation for excellence and a passionate group of people using technology to get the best possible results for their clients WATERLOO STREET20 Paul F. L&pine21 OPaul F. L&pine Law Office one of the most difficult things to do as a FAMILY LAW AND RESIDENTIAL REAL ESTATE marriage is breaking up is to consider the long-term effects. And yet, it can be one of the most important things to do, both for the parents involved and for their children. Paul L&pine understands how important it is and makes a point of helping his clients think about it, even if that s not at the top of their to-do list when they walk into his office. I try to help people look ahead and think about how they are going to restructure their lives, he says. What is their family going to look like? With few exceptions, they will have some kind of ongoing relationship with the other person, certainly if they are parents, so it s really important to consider that in the preparation for a separation of divorce. L&pine s long view of separation, divorce and its aftermath is consistent with the way he has set up his legal practice. His office is in an old house near Queens Avenue and Adelaide Street. But not just any old house. He lives there, as did his parents when his father, Dr. Ernest L&pine, worked as a family doctor for 50 years from the same building. When my father died in 1998, I bought the house and then moved my practice here a few years later, he explains. It s a relaxed atmosphere. I can take a break and go outside and throw a stick for the dog or have a cup of coffee. The relaxed attitude doesn t mean L&pine doesn t work hard for his clients. He s been practicing law for 35 years, specializing in family law for 25 years. He knows his stuff, but he prefers to settle matters in the least combative way possible. Sometimes that means a simple negotiation with the other party. Sometimes it means using mediation or coll aborative family law. In fact, in all matters of family law, including Marriage Contracts, Cohabitation Agreements and Real Estate issues, L&pine puts people first. Whatever method we use, I try to focus on helping people create the next phase of their lives. It s so important to keep that in mind and not get caught up in the immediate details and raw nerves when separation first happens. People who watch U.S. television and think that s how things work here just have the wrong idea. In family law, the court process is the last resort. You really don t want the judge making decisions the people involved should be making. That s not a great outcome. In addition to family law, L&pine does residential real estate work as well. His wife, Wendy Casey, is his Real Estate Clerk and also manages the office. She reads people really well and is very helpful sorting out problems of all kinds, he says. We re a good team. He also has a Family Law Clerk, Lisa Gashi, and together they run a relaxed but efficient office where the needs of the client are first and foremost and where results are measured not just in the short-term but well into the future as well QUEENS AVENUE, LONDON PORT STANLEY22 FROM LEFT: Mary Lou Brady, Chris White, Andrea Bezaire and Beth Traynor23 Siskinds Llawyers, not surprisingly, tend to focus on LABOUR AND EMPLOYMENT LAW GROUP the law when asked to provide solutions for their clients. That is certainly true of the members of the Labour and Employment Law Group at Siskinds. However, after working in the field collectively for more than six decades, they also understand the importance of business considerations when looking for solutions. It is their focus on achieving practical real world answers for clients, while providing topnotch legal advocacy, that makes the Siskinds group one of the leading labour and employment practices in Southwestern Ontario and, indeed, across the province. We are very good at collaborative problem solving, says Chris White, the senior member of the group. We work hard to come up with business solutions, not just legal solutions. Our clients appreciate that because their focus is on running their business, not handling legal issues. The Siskinds group represents employers in all manner of employment and labour law, whether the client s workforce is small or large, unionized or non-unionized. Sometimes that means stepping into a crisis, but more often it means looking ahead and planning labour and human resources strategies that help reduce the chances of a crisis occurring. We deal with everything from hiring and firing to managing employment-related issues like pay equity or health and safety, says partner Mary Lou Brady. We look after employment agreements, contractor agreements, stock option and bonus plans and many other things. The four lawyers in the group also handle litigation issues such as wrongful dismissal suits, arbitration hearings, Labour Board proceedings and judicial reviews. In addition, they assist clients with issues under the Ontario Human Rights Code or the Canada Human Rights Act. Sometimes, the Canadian Charter of Human Rights and Freedom is applicable, and the group helps in that area as well. Our work is both proactive and reactive, says partner Beth Traynor. We know how to manage a problem in a cost-effective manner. But we also work really well together as a group to get our clients out ahead of potential problems, to have strategies in place that make things run more smoothly and avoid potential issues that interfere with the daily operation of their business. Another important part of the group s work is education and preparation. We help our clients understand new legislation and regulations and implement whatever practices are needed as a result of new rules, says lawyer Andrea Bezaire. The tight-knit nature of the group is also a benefit to clients because all four lawyers work together, bringing their individual expertise and experience to every situation. In addition, because the group operates within the full-service Siskinds firm, there is a wealth of expertise on business matters not strictly labour or employment in nature. We can bring in whatever expertise our clients need to solve any problem, White says. That s a real advantage of our structure we re an employment and labour boutique, operating with the support of a full-service firm. We think our clients also appreciate that a law firm with this breadth of expertise and level of experience is available to them right here in Southwestern Ontario WATERLOO STREET24
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