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Friday, November 11, 2022 @ 10:42 AM

Exceptional circumstances augment reasonable notice Old employee being fired

Voltaire once said: “Originality is nothing but judicious imitation.” Arguably, and so is the determination of a reasonable notice. ... [read more]

Thursday, November 10, 2022 @ 2:29 PM

Sentencing questions left unanswered in cottage country criminal negligence appeal Boat

David Sillars of Etobicoke, Ont., travelled to Bracebridge, in Ontario’s cottage country, to visit friends, drink alcohol and smoke cannabis. He was an experienced boater having done white-water canoeing in the past. It didn’t matter that the temperature was three degrees Celsius. The swollen Muskoka River was fast flowing and icy due to the spring runoff in the first week of April 2017. ... [read more]

Thursday, November 10, 2022 @ 1:46 PM

Anderson at Supreme Court of Canada: Miglin-ing property agreements? Separation agreement with rings

On Dec. 5, the Supreme Court of Canada will hear another family law appeal, Anderson v. Anderson. At first glance, it seems to just involve the interpretation of s. 40 of the Saskatchewan Family Property Act, which gives a court discretion to determine what weight to give to an agreement that doesn’t meet the criteria for an “interspousal contract” under s. 38. ... [read more]

Thursday, November 10, 2022 @ 1:34 PM

Civil proceedings: Anonymization and sealing requests in Ontario Ywo faces with Xs through them

The open court principle in Canadian law means that hearings and court files are generally available to everyone. Parties to civil proceedings are generally identified by name in the court file and in judicial decisions. If a court decision is available online, the names of the parties referred to in the decision may be found through Google or other, legal database searches. If the party is one of the main litigants, the very title of the case may bear their name. ... [read more]

Thursday, November 10, 2022 @ 10:31 AM

When is an industrial design infringed? Crocs

A decision of the Federal Court helps to clarify the correct approach to determine when an industrial design registration has been infringed (Crocs Canada, Inc. v. Double Diamond Distribution Ltd. 2022 FC 1443). ... [read more]

Thursday, November 10, 2022 @ 9:36 AM

FINTRAC alert: Money laundering from illicit cannabis operations Shadowy cannabis backgound with dollar sign shadow

On Sept. 28, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), released its latest Operational Alert for Laundering of Proceeds from Illicit Cannabis (Operational Alert). The purpose of the Operational Alert is to help FINTRAC-reporting entities identify and report financial transactions related to laundering proceeds from illicit cannabis activities. ... [read more]

Wednesday, November 09, 2022 @ 3:02 PM

Baseline wiretap evidence figures largely in manslaughter appeal Reeltoreel.jpg

“If at first you don’t succeed, try, try again.” That mantra may be appropriate for people lacking in perseverance. But when a criminal conviction is at stake, is it not appropriate that the prosecution should not make certain the evidence upon which it relies is solid? ... [read more]

Wednesday, November 09, 2022 @ 11:50 AM

Disadvantages of historical sexual abuse class actions, part two Courtroom

Class actions aim to achieve judicial efficiency, increase access to justice for those with claims that may not have been pursued otherwise and modify the behaviour of those whose actions affect many people. Part one of this series looked at class proceedings in historical sexual assault cases. Part two will examine individual actions for sexual assault. ... [read more]

Wednesday, November 09, 2022 @ 11:30 AM

Lawyer’s grievance dismissed: Performance assessment protected by qualified privilege businessguy

For lawyers, reputation is everything. A lawyer faced with false and defamatory statements about their personal performance would of course take issue with those statements. In Kohlenberg v. Canada (Attorney General) 2022 FC 906, a lawyer with the Department of Justice was accused of failing to meet expectations. The lawyer considered those statements defamatory, but had his grievance dismissed on the grounds that the statements benefited from qualified privilege. ... [read more]

Wednesday, November 09, 2022 @ 11:02 AM

Clean energy investment tax credits: Can Atlantic Canada lead way to net-zero? Nova Scotia

 As Canada forges ahead on its commitment to achieving net-zero emissions by 2050, Atlantic Canada looks poised to play a central role in this transition. ... [read more]