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Thursday, February 09, 2017 @ 7:00 PM

Transportation Law - Motor vehicles and highway traffic - Liability - Provincial or regulatory offences

Appeal by the Regional Municipality of York from an Ontario Court of Justice decision allowing the appeals of the respondents, Wadood and Davis, from their convictions for traffic offences. In separate incidents, Wadood was charged with an unsafe turn contrary to s. 142(1) of the Highway Traffic Act (HTA) and Davis was charged with speeding contrary to s. 128 of the HTA. In Wadood’s case, the certificate of offence was incomplete, as it did not contain the municipality where the alleged offence occurred. Consequently, the officer added “City of Vaughan” to the certificate prior to filing it with the court. In Davis’s case, the officer subsequently realized the certificate of offence listed the incorrect year, 2012 rather than 2013. Consequently, the officer inserted the correct year prior to filing the certificate with the court. Wadood and Davis each requested a trial, but neither appeared on the scheduled date. By operation of s. 9.1 of the Provincial Offences Act (POA), they were deemed not to have disputed the charges. Under s. 9.1, the presiding Justice was directed to enter a conviction where the certificate of offence was complete and regular on its face. The Justice in each case entered a conviction. Wadood and Davis appealed on the basis the officers lacked statutory authority to make changes to the certificates after they were served, and prior to filing with the court. The Ontario Court of Justice allowed their appeals and entered acquittals on the basis the changes to the certificates were made without authority. The Municipality obtained leave to appeal to the Court of Appeal. ... [read more]

Thursday, February 09, 2017 @ 7:00 PM

Liquor control - Liquor control and licensing boards - Powers - Procedure - Appeals and judicial review

Appeal by Scholten’s Hanwell Ltd. (Sholten’s) from the dismissal of its application for judicial review of a 2014 policy of the N.B. Liquor Corporation (Corporation), permitting agency stores to be set up in some small communities where the Corporation would not otherwise establish liquor stores. In 2014, Scholten’s, the unsuccessful bidder in a request for proposals from the Corporation, successfully obtained judicial review of the Corporation’s decision to appoint Power Plus Technology Inc. an agent for a liquor store location in Hanwell. Prior to seeking judicial review, Scholten’s had communicated with the Ombudsman requesting a review of the Request for Proposals process, and had received confirmation from the Minister of Finance that he intended to request that the Ombudsman independently review the Corporation’s process for assessing proposals. Following the court ruling, the Corporation reviewed its process and agency store policy. Scholten’s filed the current application in August 2014, seeking an order that the Corporation wait for recommendations from the Ombudsman before adopting a new agency store policy. Days later, the Corporation adopted a new policy and, pursuant to that policy, issued a Request for Proposals for the appointment of an agent in Hanwell. Scholten’s argued that the new policy was ultra vires the Corporation because it provided for no limitations on the Corporation’s exercise of discretion to approve agency locations. ... [read more]

Thursday, February 09, 2017 @ 7:00 PM

Professional Responsibility - Regulated occupations - Administration - Appeals - Occupations - Police officers

Not applicable ... [read more]

Thursday, February 09, 2017 @ 1:29 PM

Miller Thomson announces Wilder and Koutoulakis join partnership

Miller Thomson has welcomed prominent business lawyers Lawrence Wilder and Tom Koutoulakis to the firm as partners. ... [read more]

Thursday, February 09, 2017 @ 1:26 PM

Book talk: Author Bacal to discuss fall of Heenan Blaikie

Norman Bacal, author of BREAKDOWN, The Inside Story of the Rise and Fall of Heenan Blaikie, will be discussing his upcoming book, the future of "Big Law" and the path for young lawyers in uncertain times. ... [read more]

Thursday, February 09, 2017 @ 11:17 AM

New international arbitration rules aimed at increasing efficiency, transparency | R. Aaron Rubinoff and John Siwiec

Important amendments to the Rules of Arbitration of the International Chamber of Commerce (ICC Rules) will take effect on March 1, 2017. The amendments seek to enhance the efficiency and transparency of the current version of the ICC Rules that have been in force since January 2012. ... [read more]

Thursday, February 09, 2017 @ 11:12 AM

Refuting false allegations of abuse a specialized job | Brian Ludmer

It is an unfortunately common occurrence in contested matrimonial cases that one or both parties make serious accusations of physical, emotional and/or sexual abuse against the other. Even worse are cases where such allegations involve the children. ... [read more]

Thursday, February 09, 2017 @ 10:59 AM

B.C. organization offers online small claims resolution tool

The B.C. Civil Resolution Tribunal (CRT) is offering an online tool to help small claims litigants settle disputes among themselves. ... [read more]

Thursday, February 09, 2017 @ 10:52 AM

Torys announces four new partners

The international business law firm Torys has added four new partners to the firm.  ... [read more]

Tuesday, February 07, 2017 @ 3:27 PM

Canadian lawyers at airports to help those caught up in Trump’s travel ban

Canadian lawyers are working at several major Canadian airports to provide information and help those with valid visas get into the United States who are travelling from the countries under U.S. President Donald Trump’s recent travel ban. ... [read more]