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Monday, November 05, 2018 @ 10:53 AM

Court strikes down mandatory minimum sentences for possession of child porn Malwarewarning_sm.jpg

In R v. John 2018 ONCA 702 the Ontario Court of Appeal struck down the mandatory minimum sentence for possession of child pornography. The appellant, Nathaniel John, successfully convinced three judges that mandatory minimum sentences of six months imprisonment is grossly disproportionate to the conduct of a reasonably hypothetical offender, using examples of a teenager sexting. ... [read more]

Monday, November 05, 2018 @ 8:37 AM

CETA’s one-year immigration mobility report card performance_report_sm

It has been just over a year since the Comprehensive Economic and Trade Agreement (CETA) came into force between Canada and the European Union (EU), greatly increasing mobility between Canadian and EU business enterprises. After its first year of use, now is the perfect time for a performance evaluation of CETA’s mobility provisions. ... [read more]

Thursday, November 01, 2018 @ 1:31 PM

Police carding comes in many forms cruiseratnight_sm.jpg

In Toronto, the practice of stopping, questioning and documenting individuals independent of a criminal investigation goes back to the late 1950s when police officers used a “suspect card” to document and track so-called “persons of interest.” ... [read more]

Thursday, November 01, 2018 @ 12:02 PM

Auditor general report critical of Canadian environmental agency Labbottles_sm.jpg

The Canadian commissioner of the Environment and Sustainable Development has audited the inspection and enforcement program of Environment and Climate Change Canada (ECCC) for regulating toxic substances under the Canadian Environmental Protection Act, 1999 (CEPA). ... [read more]

Thursday, November 01, 2018 @ 9:12 AM

Speculation tax set to shake up B.C. residential landscape house_prices_sm

On Oct. 16, 2018, the B.C. government announced that it had tabled legislation targeting speculation in British Columbia’s housing market. Bill 45, the Budget Measures Implementation (Speculation and Vacancy Tax) Act (the Bill) has undergone a second reading in the legislature and is expected to be passed into law this year. The Bill introduces a new speculation and vacancy tax (SVT) on residential property owners in designated regions of the province, which will be in addition to any municipal levies, such as the City of Vancouver’s empty homes tax. ... [read more]

Wednesday, October 31, 2018 @ 2:10 PM

Why brokers have to admit the limit of their expertise buidingonfire_sm.jpg

In 2049390 Ontario Inc. v. Leung 2018 ONSC 5759, the Ontario Superior Court of Justice considered the standard of care owed by an insurance broker providing coverage to a client. Specifically, the standard of care issue considered was whether a broker owes a duty to advise their clients: 1) that brokers are not experts in assessing replacement cost; and 2) to obtain an estimate of the cost of reconstruction from a professional to ensure that they have sufficient insurance coverage in the event the premises is destroyed by a covered loss. ... [read more]

Wednesday, October 31, 2018 @ 11:49 AM

The new impaired driving provisions: Another defence tactic bites the dust carbeer.jpg

Lawyers familiar with impaired driving law are aware of how much more difficult it has become to successfully defend a client over the last 10 years. The “golden age” of impaired driving defences has passed due to jurisprudential and statutory changes to the law. Shifts in the jurisprudence have reduced the availability of arguments based on highly technical legal applications of the law, such as the timing of breath samples, the use or descriptions of testing devices and the police officer’s subjective/objective basis for making breath sample demands. ... [read more]

Wednesday, October 31, 2018 @ 9:19 AM

Secrets of the carbon tax carbontax_business_sm

Coming soon to a province near you, unless it is felled by a constitutional challenge, is a new hidden tax designed to combat global warming. Veteran tax practitioners, and Canadian manufacturers, remember with no affection whatsoever the old federal sales tax which was replaced with the GST regime by Prime Minister Mulroney. One of its main criticisms was the fact that it was levied on third parties (manufacturers) to be passed on to the ultimate consumers who have no way of knowing what taxes they were paying. ... [read more]

Wednesday, October 31, 2018 @ 8:51 AM

Clear head needed for complex cannabis licensing regs cannabis_retail_sm

Lawyers who offer legal services to clients involved in cannabis retailing will need to have a clear head when navigating a labyrinth of legislative, leasing and ownership issues relative to achieving a viable cannabis production and retail outlet. Knowledge of federal, provincial and municipal legislative restrictions and a realistic assessment of negotiating leverage requires an understanding of the legislative scheme for securing retail licences as well as local retail conditions which may determine success or failure of the retail outlet. ... [read more]

Tuesday, October 30, 2018 @ 1:52 PM

Where Ford government’s Bill 47, a.k.a. Bill 148 repeal, is taking us bunchalawyers_sm.jpg

On Oct. 23, 2018, Ontario Premier Doug Ford tabled Bill 47, the Making Ontario Open for Business Act, set to repeal a large portion of Bill 148, the Fair Workplaces, Better Jobs Act, which was passed into law by the previous provincial government just 11 months ago. ... [read more]