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Thursday, November 12, 2020 @ 6:36 AM

JUDICIAL REVIEW AND STATUTORY APPEAL - When available

Motion by the Canadian Transportation Agency (CTA) to strike the judicial review application filed by the respondent Air Passenger Rights (APR). ... [read more]

Thursday, November 12, 2020 @ 6:36 AM

ARMED FORCES - Military administrative law - Grievances - Standard of review

Appeal by Beddows from the dismissal of his judicial review application. The appellant sought judicial review of a decision of the Chief of the Defence Staff (CDS) that denied his 2017 grievance. ... [read more]

Wednesday, November 11, 2020 @ 2:08 PM - Last Updated: Thursday, November 12, 2020 @ 9:03 AM

New jury selection and jury trials suspended as Ontario COVID-19 cases soar Chief Justice Morawetz sm

The chief justice of the Ontario Superior Court has cancelled an earlier plan to resume new jury selection and new in-person jury trials in Toronto and Brampton effective Nov. 16 as the number of new COVID-19 cases in those regions rises precipitously. ... [read more]

Tuesday, November 10, 2020 @ 3:03 PM

B.C. Court of Appeal relies on liability framework from past ruling in car crash case

In reapportioning liability in a motor vehicle accident 12 years ago, the British Columbia Court of Appeal reached back to one of its previous rulings that established a framework for assessing liability under provisions of the province’s Motor Vehicle Act (MVA). ... [read more]

Tuesday, November 10, 2020 @ 2:52 PM

Family cottage: How can trusts protect heirs from matrimonial claims? Fancy

“Marriage is the agreement to let a family happen.” ... [read more]

Tuesday, November 10, 2020 @ 1:28 PM

What law school taught me | Serena Eshaghurshan

In my previous articles, I discussed the impact of the COVID-19 pandemic and how to survive online law school. In this article, I will conclude the series with what law school taught me. As my law school journey is coming to an end, I can’t help but reflect on both the tangible and intangible lessons I have been afforded throughout the years of my legal education. As will be demonstrated in this article, the ability to pursue a legal education affords one so much more than just knowledge of the black letter law. ... [read more]

Tuesday, November 10, 2020 @ 9:18 AM

Law Society of B.C. launches ‘innovation sandbox’ on expanding access to justice LSBC president Craig Ferris

The Law Society of British Columbia (LSBC) has launched an “innovation sandbox” which will look at proposals from those who are seeking to address unmet legal need in the province. Those admitted to the innovation sandbox will pilot legal services and advice under the supervision of the law society. ... [read more]

Tuesday, November 10, 2020 @ 6:07 AM

HEALTH CARE PROFESSIONALS - Courts - Jurisdiction - Parties - Standing

Appeal by Sorenson from the dismissal of her motion for an interlocutory injunction to prevent health care providers from providing her husband with medical assistance in dying. ... [read more]

Monday, November 09, 2020 @ 2:38 PM

Refunds for cancelled flights will be key in COVID-19 aid to airlines

Ottawa is pledging that a future aid package for Canada’s battered and bruised airline industry will be contingent on refunds being given to customers for cancelled flights. Minister of Transport Marc Garneau said Nov. 8 that while the economic fallout from the ongoing COVID-19 health crisis has “hit the air sector harder than any other” — passenger levels have plummeted due to travel restrictions and widespread fear of transmission — there have been “many Canadians who have been negatively affected.” ... [read more]

Monday, November 09, 2020 @ 1:48 PM

Court upholds application of anti-avoidance rule to limited partner: Decision and considerations Cityscape

On Sept. 14, the Federal Court of Appeal released its decision on Gladwin Realty Corp. v. Canada 2020 FCA 142. The Federal Court of Appeal dismissed the taxpayer’s appeal from the Tax Court of Canada, denying the tax benefit obtained through a complex series of transactions under the general anti-avoidance rule (GAAR). ... [read more]