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The Friday Brief

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

Friday, September 07, 2018 @ 3:37 PM | By Matthew Grace


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

SCC fall session features landmark cases on standard of review and sexual assault
Judicial review, class actions and sexual assault cases dominate the Supreme Court of Canada’s fall session. From Oct. 10 to Dec. 14, the nine judges will hear 26 appeals (only 10 are criminal) on an eclectic docket that also features cases on bankruptcy, bail review, civil procedure, freedom of the press, labour law, search and seizure and tax.

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias
The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court.”

Court’s anti-SLAPP decision provides clarity, highlights public interest protection, lawyers say
The Ontario Court of Appeal has released six decisions relating to anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation in a move, counsel said, creates greater clarity for lawyers in defamation cases.

Regulator can determine dispute process, no procedural unfairness found, court rules
The Ontario Court of Appeal has upheld the decision of a discipline committee in a complaint against a pharmacist as it determined there was no prejudice in the dispute process. Counsel involved in the case said this ruling will have implications for regulators across Canada.

The TWU decision: Five big questions
Jonathan Martin and Kristopher Kinsinger write: “The decisions immediately attracted a wide range of responses from across the legal community. This article identifies and briefly discusses five key questions raised by this important decision.”

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