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Monday, June 26, 2017 @ 09:12 AM

Will Toronto’s new trial sitting pilot project stand the test?

With significant trial delays as the norm and access to justice a real concern, the recent announcement that the Toronto region will be operating under a new jury trial sitting pilot program is welcome news to many. ... [read more]

Monday, June 26, 2017 @ 09:07 AM

The impact of Quebec’s Bill 102 on the Watercourses Act

Over the last years, the Quebec government has undertaken an extensive reform of the Environment Quality Act (hereafter the EQA), first in June 2015, by tabling the green paper to modernize the environmental authorization scheme under the EQA, followed by Bill 102 in June 2016. Titled “An Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the governance of the Green Fund,” Bill 102 was almost unanimously adopted by the National Assembly on March 23, 2017. ... [read more]

Friday, June 23, 2017 @ 08:54 AM

One solution to civil trial bottleneck: The Rocket Docket Riding a rocket

In Ontario, particularly in Toronto and elsewhere in Canada, the availability of trial dates for civil trials of any complexity is in a crisis state, worsened by the recent Supreme Court of Canada decision in Regina v. Jordan. Judicial resources that would otherwise have been available for civil trials are being directed to the criminal side to meet the time requirements laid down in Jordan. ... [read more]

Thursday, June 22, 2017 @ 08:45 AM

For a child with disabilities, think lifetime benefit trust

When planning for the future of a child with disabilities, there are several options to consider. Choosing the option that will provide a financially dependent child with the most money is not always easy or straightforward. ... [read more]

Wednesday, June 21, 2017 @ 08:59 AM

Workplace reorganizations: Quebec employers beware

Workplace reorganizations often come with their fair share of challenges and require employees and managers alike to be patient and understanding. Changes in working methods, tasks or lines of authority may ruffle the feathers of certain employees, which is why management should not spare any efforts to efficiently communicate the reasons behind the proposed changes and the objectives it strives to achieve. ... [read more]

Wednesday, June 21, 2017 @ 08:54 AM

Jury challenge for cause — courts still grapple with Criminal Code amendment Jury chairs

“Be careful what you wish for, you may just get it” serves as apt reminder for counsel preparing to select a jury in a criminal trial with the assistance of the challenge for cause procedure. ... [read more]

Tuesday, June 20, 2017 @ 09:06 AM

Autonomous cars: sure they're safer, but privacy, cybersecurity concerns abound Autonomous cars

As of late, a hot topic in the world of technology and automobiles has been the advancement of autonomous vehicles. Some estimates suggest that fully autonomous vehicles could be commonplace in the next decade, with some automakers aiming for 2020 as the year in which they anticipate selling such vehicles. ... [read more]

Monday, June 19, 2017 @ 08:44 AM

Bill 89 signals major reform of Ontario’s child welfare laws

Ontario’s Bill 89 is a major legislative overhaul to the province’s Child and Family Services Act, which first came into force more than three decades ago in 1984, and it will bring significant changes to the laws governing child protection, foster care, adoption and youth justice. The bill received royal assent on June 1, 2017, with the most significant part, the Child, Youth and Family Services Act, to come into force in the spring of 2018. ... [read more]

Monday, June 19, 2017 @ 08:40 AM

The real impact of postponing CASL’s private right of action

On Thursday, June 7, the federal government suspended indefinitely the private right of action (PRA) under CASL (Canada’s anti-spam legislation), originally scheduled to come into effect July 1, 2017. The government indicated that the provision would be reviewed and potentially amended by the parliamentary committee tasked to conduct the three-year review of CASL under the requirement stipulated in the act. ... [read more]

Friday, June 16, 2017 @ 08:37 AM

Impact of structured settlements on family law claims

In Hunks v. Hunks 2017 ONCA 331, a unanimous Ontario Court of Appeal determined that structured settlements annuity payments are income rather than property. Family law clients who suffer injuries during marriage and their lawyers will want to understand the options available for payment of settlement funds and the impact of structured settlements on potential family law claims. Depending on the size of the settlement, the financial consequences for clients on separation could be considerable. ... [read more]