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Access to Justice

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Wednesday, October 28, 2020 @ 9:47 AM

Dalhousie law school launches clinic for early tech startups Jacqueline_Walsh

Dalhousie University’s law school has started a new clinic for students — and a new law firm for early stage startups. The initio Technology and Innovation Law Clinic is intended to help startups in the formative phases to have affordable and easy access to legal services, said director Jacqueline Walsh. “At this stage, they don’t know what they don’t know, and they don’t have the money to hire a law firm.” ... [read more]

Tuesday, October 27, 2020 @ 11:14 AM - Last Updated: Thursday, October 29, 2020 @ 3:33 PM

New student-run pro bono animal law clinic victory for access to justice | Victoria Shroff

Access to justice for animals in B.C. just got a boost. In a Canadian legal first, the Law Students Legal Advice Program (LSLAP) in Vancouver has launched a brand new animal law pro bono clinic (ALCP) aimed at low-income individuals who have animal law cases such as “dangerous” or “aggressive” dogs, human rights issues involving animals, animals in tenancy issues and more. ... [read more]

Tuesday, October 27, 2020 @ 10:58 AM

Summary judgment post COVID-19: Interpretive erosion and looking ahead Courthouse

The success of summary judgment post-Hryniak (Hryniak v. Mauldin 2014 SCC 7) has been further hindered by what is commonly known as interpretive erosion. ... [read more]

Tuesday, October 27, 2020 @ 9:21 AM

Better ways of giving self-reps access to justice | Gary Joseph

Once again Nicholas Bala, with the assistance of Rachel Birnbaum, has brought informed and evidence-based information to the profession. Rather than antidotal or unsubstantiated “gossip,” Bala, professor at the faculty of law, Queen’s University and Birnbaum, professor of social work, King’s University College at Western, have provided us with empirical data on the continual and expanding presence of self-represented litigants. ... [read more]

Monday, October 26, 2020 @ 2:53 PM

Transitioning from ‘right to litigate’ to ‘right to legal resources’ | Upama Poudyal

The legitimacy, effectiveness and justness of the decision-making process in court rely on the accused being able to understand the case against them, and subsequently, be able to provide an adequate defence to the Crown. However, given the increasing costs of retaining legal counsel, many Canadians lack the means to afford the services of a lawyer. ... [read more]

Friday, October 23, 2020 @ 3:23 PM

New Ontario virtual criminal case management court locations announced

The Ontario Court of Justice announced it will continue rolling out virtual criminal case management courts over the balance of October and through November, with appearances being conducted by videoconference or audioconference. ... [read more]

Wednesday, October 21, 2020 @ 2:07 PM

Legal helping hand needed in uncertain times | Meena Ansari

At the top of my law school application, I wrote out the hope of who I wanted to be: “A strong voice for those who have been overlooked by Canadian society.” ... [read more]

Tuesday, October 20, 2020 @ 9:46 AM

Justice leadership in a pandemic | Maaike de Langen and Trevor Farrow

Hopes that we will swiftly overcome the pandemic may be fading, but the conviction that we need to transform our societies for the better is spreading. Not just the health and economic impacts of the pandemic require recovery, the societal and political consequences call for a profound rethink and — as some are now arguing — a fundamental reset. ... [read more]

Tuesday, October 20, 2020 @ 9:17 AM

Uber v. Heller: Is arbitration or class action preferable? Fooddeliveryonscooter

In the case of Uber Technologies Inc. v. Heller 2020 SCC 16, David Heller initiated a class action proceeding in 2017 for $400 million against Uber for violations of the Employment Standards Act, 2000 (ESA), alleging that he and other class members were employees and thus entitled to benefits under the ESA. In response to this claim, Uber attempted to rely on an arbitration clause found in their standard form services agreement. As such, the Supreme Court of Canada was tasked with determining the enforceability of an arbitration clause between global business company Uber and its drivers. ... [read more]

Monday, October 19, 2020 @ 2:08 PM

Lawyers, students urge Parliament to protect rights of marginalized | Derek Ross

On Oct. 5, the federal government re-introduced Bill C-7, An Act to amend the Criminal Code (medical assistance in dying). Among other things, this bill would remove the requirement that a person’s death be “reasonably foreseeable” in order to obtain a physician's assistance to end their life. ... [read more]