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Friday, December 06, 2019 @ 10:35 AM - Last Updated: Friday, December 06, 2019 @ 3:55 PM

Gov’t’s indemnity doesn’t insulate ex-paper mill owners from costs to monitor, maintain waste disposal site Supreme Court Justice Rosalie Silberman Abella

The Supreme Court of Canada has ruled 4-3 that two former owners of a northern Ontario pulp and paper mill which polluted nearby rivers with mercury are not insulated by a 1985 indemnity signed by the Ontario government from paying the costs to monitor and maintain a mercury disposal site, as ordered in 2011 by the Director of the Ministry of Environment. ... [read more]

Thursday, December 05, 2019 @ 12:01 PM

B.C. aiming to make appellate court rules and procedures clearer, easier to navigate

B.C. is looking for the public’s input on proposed changes to the rules and procedures of the provincial Court of Appeal, saying the current rules are out of date and confusing to both litigants and lawyers alike. The Ministry of the Attorney General is proposing amendments to the Court of Appeal Act and the Court of Appeal Rules. The most recent revision of the Act and rules occurred in 1996 and, as a result, the government says modernization is needed. ... [read more]

Thursday, December 05, 2019 @ 11:47 AM

Liability for unlawful arrest and right to refuse to comply | Sylvie Rodrigue

On Nov. 29, 2019, the Supreme Court of Canada (SCC) rendered its decision in Kosoian v. Société de transport de Montréal, 2019 SCC 59 and unanimously ruled in favour of Bela Kosoian, overturning the decisions of the Quebec courts below and ordering the Société de transport de Montréal (STM) (the authority responsible for the subway system), the City of Laval and constable Fabio Camacho to pay her $20,000 in relation with her detention and arrest 10 years ago. ... [read more]

Thursday, December 05, 2019 @ 11:22 AM

Billingsley named University of Alberta’s new law dean

Barbara Billingsley, a professor of law at the University of Alberta, has been appointed new dean of the faculty, making her the first woman to hold the position. ... [read more]

Thursday, December 05, 2019 @ 11:10 AM

Serving legal papers via social media Thumbsupicon.ca

As many lawyers know, locating and personally serving a defendant with a statement of claim can at times be an onerous process and it can especially be troubling if you are having difficulties locating the defendant. ... [read more]

Thursday, December 05, 2019 @ 11:06 AM

Tax law: Counterintuitive and unreasonable Tax law book

When I was a law student and studied a gamut of subjects in law I was struck by the inherent logic of it all. Not true in tax law. In tax law, the answer is most often counterintuitive because technicality governs to the exclusion of reason. As a result, the findings of the Tax Court of Canada are sometimes absurd. ... [read more]

Thursday, December 05, 2019 @ 8:01 AM

JUDICIAL REVIEW AND STATUTORY APPEAL - Jurisdiction of court to review

Appeal by Lipskaia from a decision dismissing his application for judicial review of a decision of the Passport Division to revoke the appellant’s passport on the basis that it was obtained on fraudulent information. ... [read more]

Wednesday, December 04, 2019 @ 10:40 AM

Why death row dog Punky should head to Supreme Court Punky3

We the lawyers for Team Punky, Canada’s death row dog, are working hard to try to get this unprecedented case about a “dangerous dog” heard at the Supreme Court of Canada. I wrote two earlier articles about the important animal law case of Punky Santics: Getting Punky off death row and How Punky the dog got to Supreme Court. ... [read more]

Wednesday, December 04, 2019 @ 9:41 AM

Sidewalk slip-and-fall case may be headed to B.C. Court of Appeal over duty of care argument

A B.C. judge has ruled against a man who argued a “novel” duty of care for pedestrians should be established in circumstances where a property owner does not properly clear a sidewalk, an issue that may find itself before the provincial Court of Appeal. ... [read more]

Monday, December 02, 2019 @ 11:33 AM

Gender diversity in legislative drafting act | Lawrence David

One never truly knows to where a simple cup of vanilla chai can possibly lead. Case in point: I went to an unnamed, yet well-known coffee shop around the block after a day of writing. Aside from placing my order, I had an incredibly insightful conversation with a barista. Their name is Jaclyn, and they are an exemplar of human warmth, decency and going above and beyond preparing a customer a cup of vanilla chai. Jaclyn inspired this column and I am privileged to dedicate it to them. ... [read more]