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Tuesday, November 20, 2018 @ 1:28 PM

Wellness: Three ways to deal with closing of pro bono centres | by Darryl Singer

Of late, there have been two major stories in both the mainstream media and the legal press which warn of additional stress to litigants in the Ontario justice system. The stories were about: (i) the closure of three Law Help Ontario centres run by Pro Bono Law Ontario (PBLO); and (ii) a Toronto judge in charge of the large criminal trials list taking the rare step of speaking publicly about how the delay of the federal government in filling judicial vacancies is causing a strain on the criminal system. ... [read more]

Friday, November 16, 2018 @ 12:55 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Official languages of Canada - Remedies for denial of rights

Appeal by Mazraani from a judgment of the Federal Court of Appeal quashing a decision of the Tax Court of Canada (TTC). ... [read more]

Friday, November 16, 2018 @ 11:36 AM - Last Updated: Friday, November 16, 2018 @ 4:05 PM

SCC underscores federal courts’ obligation to vindicate official language rights at hearings Suzanne Cote

Violations of language rights in court will usually require a new hearing, even if the fairness of the hearing wasn’t affected, the Supreme Court of Canada directs in a far-reaching 9-0 judgment that underscores the obligation of Canada’s federal courts to vindicate language rights, including by providing timely and effective interpretation services to litigants, witnesses and counsel at hearings. ... [read more]

Friday, November 16, 2018 @ 9:43 AM

MARITAL PROPERTY - Practice and procedure - Pleadings

Appeal by the wife from an order allowing the husband to discontinue his matrimonial property claim. ... [read more]

Friday, November 16, 2018 @ 8:34 AM

Mens rea for tax evasion: R v. Patry tax_evader_sm

In R v. Patry 2018 BCSC 1524 the Supreme Court of British Columbia reaffirms that the proper test for the mens rea analysis for tax evasion is a knowledge-based approach and found that Patry did not have the requisite mens rea for a tax evasion conviction. The reasoning reaffirms that for purposes of the tax evasion offence under para. 239(1)(d) of the Income Tax Act the requisite threshold for a finding of mens rea is relatively high. ... [read more]

Thursday, November 15, 2018 @ 9:21 AM

Legal profession has ‘stepped up’ to help Pro Bono Ontario, now it’s time for institutional help: lawyers Quinn Ross sm

When the Honourable Thomas Cromwell broke the news that Pro Bono Ontario (PBO) would be closing three of its Law Help Centres the legal profession responded with a rallying cry that said: Access to justice matters to us. ... [read more]

Wednesday, November 14, 2018 @ 9:05 AM

The civility of judges and the rule of law | Alexander Gay

The legal profession does not evolve in isolation. There is growing preoccupation across common law jurisdictions with the civility of judges. This is evidenced by the recent speech of Chief Justice Wagner who very recently expressed concern with the erosion in civility on the bench. The same concerns are being echoed as far away as the United Kingdom and Australia. ... [read more]

Tuesday, November 13, 2018 @ 11:45 AM

Miller Thomson hires former Supreme Court legal officer as partner

Miller Thomson announced that Gib van Ert, former executive legal officer for the Supreme Court of Canada, has joined the firm as a partner in the litigation group, practising civil and public law litigation from offices in British Columbia and Ontario. ... [read more]

Tuesday, November 13, 2018 @ 11:22 AM

Recent changes throw a curve at land use dispute mediation realestate_disputes_sm

There has been a considerable increase in the use of mediation to resolve land use disputes in Ontario in recent years. However, recent changes have cast doubt over the continued use of mediation to resolve planning disputes. ... [read more]

Tuesday, November 13, 2018 @ 10:52 AM

Duty of care does not end when drunk driver returns home: Ontario Court of Appeal Patrick Brown sm

The Ontario Court of Appeal has ordered a trial to determine duty of care in a social host liability case that left one man dead and his children, allegedly, injured. The decision, counsel said, highlights the spectrum of responsibility that can transform a social gathering into an invitation to an inherent and obvious risk. ... [read more]