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Monday, November 02, 2020 @ 2:45 PM

Supreme Court of Canada refines Charter equality rights in RCMP pension case Mounties

The Supreme Court of Canada has reaffirmed and refreshed the broad scope for equality rights under s. 15 of the Charter, in a ruling that has instantly become one of the most significant anti-discrimination cases in this century. ... [read more]

Monday, November 02, 2020 @ 1:34 PM

The Immortals: Newfoundland trademark registrations Newfoundland

Most Canadians are at least passingly familiar with the fact that Newfoundland and Labrador has its own time zone — you can almost hear the commercials advising that the hockey game will start at 8 p.m. Eastern, 8:30 p.m. in Newfoundland. What is less commonly known is that Newfoundland and Labrador (Newfoundland) also has its own register of trademarks — the only province to do so.  But, if you want to register a trademark in Newfoundland, you are about 70 years too late. The reasons for that, and the continued existence of Newfoundland trademark registrations, are historical and date back to Newfoundland’s entry into Confederation. ... [read more]

Monday, November 02, 2020 @ 1:11 PM

Federal Court of Appeal upholds application of anti-avoidance rule to limited partner Cityscape

On Sept. 14, the Federal Court of Appeal released its decision on Gladwin Realty Corp. v. Canada 2020 FCA 142. The Federal Court of Appeal dismissed the taxpayer’s appeal from the Tax Court of Canada, denying the tax benefit obtained through a complex series of transactions under the general anti-avoidance rule (GAAR). ... [read more]

Monday, November 02, 2020 @ 11:31 AM - Last Updated: Tuesday, November 10, 2020 @ 1:37 PM

Lawyers, law society, illusion of power, proposal for change paralegal image sm

There is unrest in the forest, there is trouble with the trees. ... [read more]

Monday, November 02, 2020 @ 8:34 AM

Consolidation in the cannabis retail space: Are you ready? cannabis_store_sm

It has been just over two years since recreational cannabis has been legalized in Canada. Each province and territory was charged with setting up the rules for sale of recreational cannabis in its jurisdiction. As one might expect in Canada, the regulatory regimes vary and the rollout of retail has not be consistent, with some jurisdictions opting for a lottery process and others allowing anyone eligible to apply to open a store. ... [read more]

Friday, October 30, 2020 @ 11:14 AM

Covert socio-legal implications of self-representation in smaller communities Woman with broken piggy bank

In the wake of detrimental socioeconomic realities arising from COVID-19’s impact, self-represented litigants experience more unique challenges in family law matters involving intimate partner violence and coercive control. This holds especially true for self-represented litigants in smaller communities, where the availability of legal counsel may be limited. ... [read more]

Friday, October 30, 2020 @ 10:36 AM

Algorithms in court: Useful tools or weapons of math destruction? Robot Judge

The art of criminal justice is quickly becoming a science. The concept of parity in criminal law is important. Similarly situated offenders should be treated similarly. Determining what metrics to use to measure similarity is the problem as each offence and offender is unique. The use of artificial intelligence (AI) and algorithms seek to bring parity in matters.  ... [read more]

Thursday, October 29, 2020 @ 1:44 PM

International students: Failing to satisfy study permit conditions laptop_books_sm

International students who have failed to satisfy their study permit conditions have been deemed inadmissible to Canada in the past. Inadmissible to Canada means that a person is either ineligible for admission into Canada or if the person has already entered is subject to removal. ... [read more]

Thursday, October 29, 2020 @ 1:38 PM

Popular misconceptions about court transcriptionists cassette

Authorized Court Transcriptionists (ACTs) hear a lot of things that make us either cringe or laugh about how we are perceived. We all need to laugh once in a while, even when it hurts, so here we go! ... [read more]

Wednesday, October 28, 2020 @ 1:50 PM

Significant statutory damages for copyright infringement of e-commerce website cartire

Courts are starting to show a willingness to award significant sums for statutory damages in cases of copyright infringement involving e-commerce websites. The images involved may not be masterpieces, but where many images have been reproduced, although the court may exercise its discretion to award less than the $500 per work minimum specified in the Copyright Act, the statutory damages can still add up. ... [read more]