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Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]

Monday, May 14, 2018 @ 8:38 AM

Prohibiting cannabis cultivation a high priority for landlords cannabis_growing_sm

For multi-residential landlords in Ontario, the proposed regulatory framework relative to the legalization of cannabis has required some proactive measures to ensure that cannabis cultivation does not occur in rental units in their properties. The proposed cannabis legislation would allow individuals to grow up to four cannabis plants for personal consumption but the legislation does not prohibit cannabis growth in apartment or home rentals. ... [read more]

Friday, May 11, 2018 @ 8:38 AM

The 4 key attributes of successful legal rainmakers money_rain_sm

A study by Lawyer Metrics concludes that successful law firm rainmakers share key personality characteristics. Key learnings from The Rainmaking Study: How Lawyers’ Personality Traits and Behaviors Drive Successful Client Development, were presented by Pat Gillette during her keynote address at the 2018 Women’s Transformative Leadership Forum, sponsored by Stikeman Elliott. ... [read more]

Thursday, May 10, 2018 @ 9:19 AM

Why Supreme Court decision threatens Crime Stoppers program Dale_crimestoppers_sm.jpg

The foundation of Crime Stoppers is built on anonymity. For a tipster, Crime Stoppers used to be a simple concept: call and you are promised anonymity. Information is given. Sometimes you get money. The Supreme Court of Canada has turned the infamous program on its head. Now a tipster’s identity can be revealed in open court under a second exception. The copious possibilities associated with this exception lead one to ask whether Crime Stoppers can survive. ... [read more]

Wednesday, May 09, 2018 @ 1:28 PM

Want to record an independent medical exam? Better have good cause twomansilhouette

Lipovetsky v. Sunlife 2018 ONSC 1664 is a recent decision in which a plaintiff asked the court to order that she be allowed to audio record a doctor during an IME. Madam Master Karen E. Jolley decided there was enough evidence to exercise her discretion and allow the plaintiff to have a support person present for the defence medical, so long as the accompanying person did not participate or interject. ... [read more]

Wednesday, May 09, 2018 @ 9:29 AM

Family out $500,000 because of cooling residential market falling_market_sm

The imminent necessity for government intervention in the housing market played out in the Ontario courts recently (Gamoff v. Hu 2018 ONSC 21720), to the tragedy of a family whose excitement to dive into the marketplace led them to suffer a substantial financial penalty for jumping into a housing situation they could not afford. ... [read more]

Tuesday, May 08, 2018 @ 9:58 AM

After R. v. Jordan, expect more direct indictments direct_indictment_sm

In most cases, the Ministry of the Attorney General does not proceed by direct indictment, but the practice has become more prominent due to R. v. Jordan 2016 SCC 27. ... [read more]

Tuesday, May 08, 2018 @ 8:55 AM

Medical inadmissibility and the movement toward inclusivity immigration_exam_sm

The subject of Canada’s medical inadmissibility provisions has been a hot topic on the government’s radar in recent years. The focus has been on s. 38(1)(c) of the Immigration and Refugee Protection Act (IRPA), which provides a foreign national is inadmissible to Canada on health grounds if their health condition might reasonably be expected to cause excessive demand on health or social services. The effect is to exclude foreign nationals from entering or remaining in Canada, if they are found by Immigration Refugees and Citizenship Canada (IRCC) to fall under the provision. ... [read more]

Tuesday, May 08, 2018 @ 8:48 AM

How Bill C-75 fundamentally abrogates due process chair.jpg

On March 29, 2018, Bill C-75 was presented to Parliament by the federal justice minister. The bill purports to modernize Canada's Criminal Code but commentators began criticizing it within hours of first reading. After closely reviewing that bill, I agree that Bill C-75 contains provisions which abrogate due process in a fundamental way. It seeks to limit oral testimony at trial by police officers. ... [read more]

Monday, May 07, 2018 @ 8:52 AM

Data breach notification obligations coming into force privacy_breach_sm

On April 18, 2018, the federal government released the Breach of Security Safeguards Regulations (The “Regulation”), which set forth the rules and requirements applicable in the event of a breach of security safeguards affecting personal information. The Regulation will come into effect on November 1, 2018, at the same time as the statutory requirements pertaining to data breach reporting. ... [read more]