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Tuesday, December 12, 2017 @ 10:48 AM - Last Updated: Tuesday, December 12, 2017 @ 12:33 PM

PM respects tradition of alternating top judges between Quebec and rest of Canada, names Wagner the SCC’s new chief justice Beverley McLachlin and Richard Wagner

Prime Minister Justin Trudeau has named Justice Richard Wagner — the top court’s senior Quebec puisne judge — as the 18th chief justice of Canada, succeeding Beverley McLachlin on Dec. 18. ... [read more]

Tuesday, December 12, 2017 @ 7:57 AM

CIVIL PROCEDURE - Parties - Third party procedure - Striking out or setting aside - Appeals

Appeal by the defendant Crown from the dismissal of its third party claim against non-governmental organizations (third parties) for indemnity. ... [read more]

Friday, December 08, 2017 @ 9:46 AM

YouTube and broadcasting: Applying Libel and Slander Act to Internet youtube_broadcast_sm

The Internet has been in common use for over 25 years now and for nearly all of that time people have been complaining about things that are written about them on the internet and going to their lawyers demanding relief. Despite the passage of time, however, neither the courts nor the legislature have declared definitely whether the protections and notice periods under the Libel and Slander Act apply to defamatory postings on the Internet. ... [read more]

Friday, December 08, 2017 @ 9:36 AM

Behind the gurney: Exploring medical/legal cases from an expert’s perspective

Lawyers handling medical malpractice lawsuits should keep in mind the value that an expert witness can bring to such matters — and the folly of relying on inappropriate evidence. ... [read more]

Friday, December 08, 2017 @ 8:58 AM

B.C. Court of Appeal rules compensation for Forces veterans does not violate Charter Donald J. Sorochan

The British Columbia Court of Appeal has struck down a potential class action by members of the Canadian Forces against the federal government’s current compensation scheme for veterans, but a University of British Columbia law professor is saying the court may have erred in its interpretation of what positive obligations the Charter of Rights and Freedoms places on government. ... [read more]

Thursday, December 07, 2017 @ 10:54 AM - Last Updated: Thursday, December 07, 2017 @ 4:19 PM

Canada’s chief justice hangs up her red robes Beverley-MCLACHLIN

It is the end of an era — and what an era it was. Quebec separation, same-sex marriage, physician-assisted death, and so on — Supreme Court Chief Justice Beverley McLachlin has participated in the most momentous and divisive legal debates of the past three decades. ... [read more]

Thursday, December 07, 2017 @ 9:48 AM

Courts must respect confidential nature of arbitration when third parties involved

The confidentiality provisions of an arbitration agreement often come into conflict with the open court principle. In a context where the Canadian courts are overburdened with Jordan applications, arbitration is to be encouraged by the courts. If confidentiality cannot be safeguarded, it will stifle arbitration. ... [read more]

Wednesday, December 06, 2017 @ 2:14 PM

Ontario’s new technological road map for ensuring access to justice called ‘positive step’ Tanya Lee, Law Foundation of Ontario

Ontario's new action plan to improve access to justice by harnessing technology is being called a “positive step,” but the chief executive of an organization dedicated to access issues says there will be need to be more work down the line to ensure more people are included in the system. ... [read more]

Wednesday, December 06, 2017 @ 6:55 AM

Martin among the prospects for chief justice

The Liberal government is considering appointing Supreme Court nominee Sheilah Martin of Alberta — a bilingual anglophone who was born and raised in Quebec where she earned both civil law and common law degrees — as Canada’s 18th chief justice, Justice Minister Jody Wilson-Raybould informed MPs this week. ... [read more]

Tuesday, December 05, 2017 @ 11:50 AM

Billion-dollar class action alleges Charter violations at Ontario jails Jonathan_Ptak

The Ontario government has been hit with a billion-dollar class action over claims staffing-related lockdowns in provincial correctional facilities have led to significant constitutional breaches. ... [read more]