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The Friday Brief

The Friday Brief: Editor-in-Chief’s must-read items from this week

Friday, June 01, 2018 @ 3:23 PM | By John Carson

John Carson %>
John Carson
Here are my picks for the top stories we published this week.

SCC rules Groia not guilty, sets standard for when lawyers’ incivility in court becomes professional misconduct
The Supreme Court of Canada has overturned the Law Society of Ontario’s (LSO) controversial professional misconduct conviction of Toronto securities litigator Joe Groia in a much-anticipated ruling which clarifies the test for when lawyers’ uncivil courtroom conduct crosses over into professional misconduct.

SCC rules courts have limited power to review fairness of decisions of voluntary associations
The Supreme Court of Canada has allowed the appeal of a Jehovah’s Witness congregation in Calgary against a decision by the courts below to review for procedural fairness an edict by church elders requiring the congregation to shun one of its members.

JAG failed to provide ‘effective oversight’ of justice system marred by trial delays, lack of performance standards
The Canadian Armed Forces (CAF) has agreed to an overdue retooling of its underperforming military justice system following a scathing audit by the Auditor General of Canada which slams the Office of the Judge Advocate General (JAG) for not providing “effective oversight” of the CAF’s comparatively well-resourced justice system that is marred by trial delays, inefficiency, lack of performance measures, insufficient supports for the independence of the top military prosecutor and top defence counsel, and a failure by the JAG to fix long-identified problems and figure out ways to improve the sluggish system.

Why you should avoid acting for family and friends
Leigh was in a bit of a pickle. She was getting some work done on her roof and the roofers did a bad job. It was a big house, an expensive roof, and the roofers refused to make good. She turned to her brother Bob to start a small claims court action. Bob was a solicitor-side lawyer who had never litigated a court case. But his sister was in a bind and “only” a few tens of thousands of dollars were at stake. Did not brotherly duty, or sibling rivalry, dictate that he should take it on?

The multifaceted legal implications of revenge porn
Taking and sharing intimate images using smartphones and direct messaging applications has become a normalized part of romantic relationships; however, with the rise of technology-facilitated intimacy, the scope for abusive, controlling and vengeful behaviour has widened.

John Carson is the Publisher and Editor-in-Chief of The Lawyer's Daily.