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

Friday, July 13, 2018 @ 2:47 PM | By Matthew Grace


Matthew Grace %>
Matthew Grace
Here are my picks for the top stories we published this week.

B.C. health care data non-compellable in tobacco lawsuit, SCC rules
In a unanimous ruling, on July 13 the Supreme Court of Canada allowed an appeal from the Province of British Columbia to protect health databases from being compelled in an action it started to recover expenses from tobacco manufacturers under the Tobacco Damages and Health Care Costs Recovery Act.

Mercer takes charge at LSO as self-regulator faces governance, tech issues
In his first address to Convocation, Malcolm Mercer, the newly elected treasurer of the Law Society of Ontario (LSO), confided that he was a little bit nervous. However, that humble declaration is backed up by a serious desire to ensure the legal profession is “listened to and understood” while maintaining the self-regulator’s mandate to govern in the public interest.

SCC recognizes municipalities can enact conservation zoning, emphasizes bringing action in reasonable period
A property owner who challenged a municipal zoning bylaw he considered to be a disguised expropriation waited too long before taking legal action but can nevertheless still ask to be compensated for the loss in property value, ruled the Supreme Court of Canada.

Appeal decision details support obligations for those standing in loco parentis
A recent East Coast appeal decision is a reminder that while one may not be a child’s biological or adoptive parent, familial facts may dictate they must stand in loco parentis and pay support.

SCOTUS and the right side of history
In her column, Jennifer Taylor writes: “There are innumerable differences between the appointments processes for the SCC and SCOTUS, and perhaps a different collective understanding of the role of judicial independence in a constitutional democracy. At the very least, in Canada we’re unlikely to have a Supreme Court majority that’s willing to dismantle our architecture of rights in favour of the political whims of the day.”

Matthew Grace is the Managing Editor of The Lawyer’s Daily.