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Friday, July 06, 2018 @ 11:26 AM

‘Mr. Big’ back in the spotlight maninspotlight_sm.jpg

The Innocence Project at the Osgoode Hall Law School has asked the Supreme Court to reconsider a 2000 murder conviction based on a confession obtained during a Mr. Big operation (R. v. Simmonds [2000] BCJ No 1316). Simmonds is not alone in questioning the reliability of the confession that convicted him. There were dozens of Mr. Big-inspired convictions prior to Hart. Many of those defendants are still in prison. ... [read more]

Friday, July 06, 2018 @ 9:08 AM

The pan-Canadian framework: Setting a price on carbon co2_sign_sm

Carbon pricing forms the central component behind any market attempt to reduce GHG emissions other than using strict command and control regulations. Pricing sends a signal to the marketplace that products or operations relying on extensive carbon use can be less economically efficient than other products or operations that use less carbon. The ability to emit any form of pollution into the environment without restrictions allows polluting entities to externalize those costs. This means that these entities do not have to incur the cost of cleanup while some other neighbour next door, or city or country incurs the eventual cost of that pollution. ... [read more]

Thursday, July 05, 2018 @ 12:21 PM

Up in smoke: Preparing for the presence of marijuana in the workplace 2mentossingbomb.jpg

Bill C-45, the government’s marijuana legalization bill, was passed in a historic Senate vote (52-29) on Tuesday, June 19, 2018, resulting in subsequent confirmation from Prime Minister Trudeau that marijuana products will be legally consumable across Canada starting on Oct. 17, 2018. ... [read more]

Wednesday, July 04, 2018 @ 2:28 PM

Sunrise Propane explosion highlights importance of due diligence gastruck_sm.jpg

The Sunrise Propane explosion in 2008 serves as a stark reminder of the importance of due diligence when conducting business operations that are inherently dangerous to human health and the environment. ... [read more]

Wednesday, July 04, 2018 @ 8:25 AM

In Quebec, time runs out on guilt by association expired_meter_sm

In 9302-9239 Québec inc. (Habitations Mozenco) v. Média QMI inc. 2018 QCCA 846, Quebec’s Appeal Court held that “guilt by association” may be a familiar saying on the street but it is not a legal maxim in the courts. Quebec’s Press Act sets a short, three-month period in which to sue a newspaper for defamation but extends that period to one year if the newspaper article accuses the plaintiff of committing a criminal offence. ... [read more]

Tuesday, July 03, 2018 @ 1:23 PM

McIntyre Powder: Compensation in cases of human experimentation 3minerssilhouette_sm.jpg

In response to World War II-era human experimentation atrocities, the Nuremberg Code restated the essential requirements for the legitimate, ethical conduct of experiments involving human clinical subjects. The first and most critical element is the voluntary, fully informed consent of the human subject, in the absence of coercion, duress, force or deceit. The human subject must also be free to withdraw from participation in the experiment at any time. These ethical principles were not followed during a human experiment involving tens of thousands of miners and factory workers in a compulsory aluminum dust inhalation program that spanned nearly four decades in Canada and internationally. ... [read more]

Friday, June 29, 2018 @ 12:08 PM

How Toronto’s new courthouse could jeopardize fragile youth services toronto_megacourt.jpg

Justice Brian Scully sits in the Ontario Court of Justice at 311 Jarvis St. in Toronto. In 2005, he was presiding over the case of Tina, (not her real name), a 15-year-old who charged with robbery. Her boyfriend had persuaded her to lure a young man into an alleyway. When she did, the boyfriend beat and robbed the victim. As Tina stood up to make her plea, Justice Scully noticed that she was pregnant. ... [read more]

Friday, June 29, 2018 @ 11:22 AM

Ontario PC tax platform: Three things you need to know three_things_sm

On June 7, 2018, Ontario altered its course and elected a majority Progressive Conservative (PC) government, under Premier-designate Doug Ford, for the first time in 15 years. For many of us in the tax world, this turn of events may create some uncertainty. The question that arises in the days following the election is, what tax changes will Doug Ford actually implement? ... [read more]

Friday, June 29, 2018 @ 9:34 AM

Withdrawal of an uninformed guilty plea not_guilty_sm

A guilty plea constitutes a formal admission of guilt to the crime with which an accused is charged. It relieves the Crown of its burden to prove guilt beyond a reasonable doubt and constitutes a waiver of constitutional right to a trial. The accused’s decision to plead guilty is, thus, fundamentally subjective and deeply personal. ... [read more]

Thursday, June 28, 2018 @ 3:10 PM

Co-mediation in divorce cases: The newest trend 4peoplestanding_sm.jpg

Co-mediation involves a lawyer-mediator and a mental health professional, both skilled in divorce mediation, working in concert with one another. The two mediators are a tag team, helping a couple break through the obstacles to settlement and reaching a successful outcome for them both. ... [read more]