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Civil Litigation

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Wednesday, January 02, 2019 @ 10:52 AM

Educators wrestle with policies, proper accommodation for students with food allergies Blake Murdoch

Sneezing, itching and watery eyes are all symptoms of a food allergy. So is shortness of breath, swelling of the tongue and constriction of the throat. For three legal scholars at the University of Alberta, this spectrum of symptoms — from mild to life-threatening — raises important legal issues. ... [read more]

Wednesday, January 02, 2019 @ 9:22 AM

SCC’s winter session looks at military justice, lawyers’ fees, Crown copyright, Jordan Mark Letourneau

Military justice and Crown copyright are among the topics the Supreme Court of Canada will explore in its winter session that includes criminal appeals asking if defence counsel’s legal fees can be paid from the proceeds of crime forfeited to the state and if the Jordan time limits apply in provincial youth court. ... [read more]

Friday, December 21, 2018 @ 4:11 PM

Judge’s political lobbying, advocacy on behalf of black Canadians crossed line, but wasn’t ‘misconduct’ Mark Sandler

The Ontario Judicial Council (OJC) has ruled that a judge who founded an advocacy group for black Canadians, and lobbied politicians with the “highly laudable” aim of helping his community overcome racism and poverty, engaged in a form of impermissible “advocacy and political activity” — but his actions did not amount to “judicial misconduct” that could merit his removal from the bench. ... [read more]

Friday, December 21, 2018 @ 11:08 AM

Happy the unhappy elephant’s rumble for freedom Black elephant

A corporation is a person. If a corporation is a person, why can’t a living, breathing, sentient elephant also be a person? A legal person need not be a human being. Last year in New Zealand, a river was declared to be a person. ... [read more]

Friday, December 21, 2018 @ 9:35 AM

From autonomous cars to smartphone zombies, analysis and opinion highlights of 2018

Here are 16 memorable and outstanding stories from 2018, as selected by The Lawyer's Daily Analysis Editors Richard Skinulis and Peter Carter. ... [read more]

Friday, December 21, 2018 @ 8:40 AM

Appeal Court calls Canada’s movement on administrative segregation ‘disappointing’ Noa Mendelsohn Aviv sm

The Ontario Court of Appeal lambasted Canada on its “failure” to address the court’s concerns over its use of administrative segregation in prisons in a recent decision but extended the suspension of invalidity on sections of the Corrections and Conditional Release Act (CCRA) to give Parliament more time to consider Bill C-83. ... [read more]

Thursday, December 20, 2018 @ 1:54 PM

$22,000 never seemed so low hockeyplayercrop.jpg

In mid-November, the National Hockey League (NHL) and former players of the league reached a tentative non-class settlement regarding concussions sustained during their careers playing hockey. ... [read more]

Thursday, December 20, 2018 @ 1:42 PM

SCC’s growing number of oral judgments draw bar’s fire but court says appeals get ‘all the attention and resources they require’ Renée Thériault

The Supreme Court’s growing practice of deciding as-of-right criminal appeals from the bench without written reasons has again drawn fire from the bar, with one prominent counsel publicly demanding more “transparency” from the court this week, while another suggested the court is leaving the impression that as-of-right appeals are “second-class citizens” on its docket. ... [read more]

Thursday, December 20, 2018 @ 8:33 AM

Serving court papers still requires personal touch, unless conditions are met, court finds David_Fraser_sm

There may come a time when the rules around serving someone court papers via social media will relax, but the traditional method of personal delivery will remain the primary means for the foreseeable future. ... [read more]

Wednesday, December 19, 2018 @ 2:48 PM

Access to Justice: Next year a big one for Action Committee | Thomas Cromwell and Beverley McLachlin

There are big transitions occurring at the Action Committee on Access to Justice in Civil and Family Matters. Former chief justice Beverley McLachlin has this month assumed the chair of the committee which she had convened a decade ago. ... [read more]