Focus On

Civil Litigation


Friday, March 19, 2021 @ 12:17 PM

What Leafs rebuild can teach courts | Michael Lesage

Few hockey teams are as storied, and yet have boasted less success over the last half century than the Toronto Maple Leafs. Long beset by poor management, they have objectively underperformed their competitors for generations. In that time, they have struggled to make the playoffs, generally failed to advance far into the playoffs when they have qualified and completely failed to reach the finals. At various points, they have effectively fielded a team of amateurs or has-beens. In many respects, their underperformance is emblematic of that of the Ontario court system. ... [read more]

Friday, March 19, 2021 @ 12:06 PM

Nova Scotia court to up its use of livestreaming Chief Justice Michael Wood, Nova Scotia Court of Appeal

In the name of maintaining the open court principle, the Nova Scotia Court of Appeal is increasing its use of webcasting for the next several months. For the last year, like their counterparts across the country, Nova Scotia’s courts have either shut down, reduced operations or altered procedures as part of extensive efforts to curb the spread of COVID-19. ... [read more]

Friday, March 19, 2021 @ 11:17 AM

New, improved pandemic scams Phone with COVID scam symbol

While the COVID-19 pandemic has led to many changes, it, unfortunately, has not changed some things. One such thing is the presence of fraud and scams. Fraudsters and scam artists do not take a vacation during economic downturns. They actually become more active. Since March 2020, there have been more than 10,000 Canadian reports of fraud and Canadians have lost $7 million to fraud. Some scam artists have “cashed in” on COVID-19 and created scams specific to COVID-19. ... [read more]

Friday, March 19, 2021 @ 9:54 AM

Discretionary access orders in child protection: Has debate been settled? Child standing in female's hand facing male's hand

There has been a long-standing division in the case law as to whether an access order is permitted to be in the discretion of the Children’s Aid Society. On Jan. 27, Justices Mark Shelston, Freya Kristjanson and Lisa Favreau of the Divisional Court settled that question in J.S.R. v. Children’s Aid Society of Ottawa 2021 ONSC 630 — at least to some extent. ... [read more]

Friday, March 19, 2021 @ 8:34 AM

Power of pixie dust: Accessing justice one year later | Bo Kruk

Just over a year ago, the world fundamentally changed. Overnight, bustling downtowns resembled scenes from films like 28 Days Later. Schools closed as learning shifted online, working from home became commonplace, and the courts restricted matters to only those that were urgent. Gradually, we started to adapt to this new reality and its increased digital presence. These adjustments have spurred positive changes while others have created new challenges. Throughout this shift in our collective lifestyles, the wheels of the legal machine never stopped. ... [read more]

Thursday, March 18, 2021 @ 11:44 AM

Women in law: Where are we now? | Jasmine Daya

On March 8, we celebrated International Women’s Day to commemorate women’s achievements. Over the years, I have become more appreciative of this day, perhaps as I gain a better understanding of what it means to be a lawyer, wife and mother, among my many other roles. This year, I fear my gender has regressed within the practice of law. ... [read more]

Thursday, March 18, 2021 @ 9:20 AM

Fasken hires litigation partner for Montreal office

Fasken announced that Alexander Bayus has joined the firm as partner in the litigation and dispute resolution practice group in the Montreal office. ... [read more]

Wednesday, March 17, 2021 @ 9:36 AM

Divorce Act amendments: Definition of ‘family violence’ | Gary Joseph

I offer my opinions freely through this publication. Sometimes I am right and sometimes I am wrong. With respect to the issues I am about to raise, I hope I am wrong. This summary of the amendments is largely the work of the colleagues mentioned below, however, the views expressed with respect to same are mostly mine alone. (Please direct your hate mail to me if you wish). ... [read more]

Wednesday, March 17, 2021 @ 9:36 AM

B.C. extends state of emergency; limitation period suspension ends March 25 Minister of Public Safety and Solicitor General Mike Farnworth

British Columbia has formally extended the provincial state of emergency for the 26th time, marking a year since the declaration was issued in response to the COVID-19 pandemic. ... [read more]

Wednesday, March 17, 2021 @ 8:43 AM

Agriculture gag laws: Feds move forward as lawsuit filed in Ontario Chickens cooped up

On March 9, 2021, Animal Justice, along with journalist Jessica Scott-Reid and activist/photographer Louise Jorgensen, filed a Charter challenge against Ontario’s problematic Security from Trespass and Protecting Food Safety Act and Regulations. Together, they claim that sections of the Act and Regulations suppress the voices of animal rights activists in a way that unconstitutionally violates the s. 2(b) Charter freedom of expression. ... [read more]