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Wednesday, November 29, 2017 @ 11:38 AM

'Statement of principles' requirements latest attack on free expression | Sam Goldstein

When the revolution comes, Shakespeare predicted, it would be us, the lawyers who would be the first people up against the wall. The only thing is the revolution is already taking place and it is we, the lawyers, who are leading it. ... [read more]

Wednesday, November 29, 2017 @ 10:14 AM

Challenges of parenting after separation made easier with Toolkit | John-Paul Boyd

The Canadian Bar Association’s family law section, in partnership with the Canadian Research Institute for Law and the Family, has published a useful new resource for family law lawyers and their clients. ... [read more]

Tuesday, November 28, 2017 @ 8:53 AM

Hi-Tech: Evaluating ethical technology use by outside firms | Luigi Benetton

Automakers vet suppliers exhaustively. One faulty part in a vehicle can cost the automaker dearly, and not just in cash. This need to vet applies to any vendor relationships, including those between companies and law firms. Outside legal help functions as an extension of in-house legal departments. In-house lawyers need reassurance that outside lawyers perform to the same ethical standards. ... [read more]

Monday, November 27, 2017 @ 9:39 AM

Sexual harassment: Courts need to ‘put their money where their mouth is’ | Stuart Rudner

In my previous column, I discuss the failure of our courts and tribunals to “put their money where their mouth is” by awarding significant damages in cases of harassment or breach of human rights. As an example, I mentioned the recent decision of the Ontario Court of Appeal in Doyle v. Zochem Inc., where both levels of court expressed their outrage at the employer’s conduct but still ordered it to pay less than $100,000 in damages beyond those for wrongful dismissal. ... [read more]

Thursday, November 23, 2017 @ 8:45 AM

Low damage awards for workplace sexual harassment sends wrong message | Stuart Rudner

If significant damages were routinely awarded in egregious cases of harassment and sexual harassment, employers would get the message that the costs of permitting such conduct are too high. ... [read more]

Wednesday, November 22, 2017 @ 9:00 AM

Self-represented defendants in murder cases | Clayton Ruby and Annamaria Enenajor

Watching an accused person defend himself at a murder trial is an uncommon experience in Canada. Murder is the most serious offence in our Criminal Code. Murder trials can be complex, lengthy and technical. Most people facing a potential sentence of life in prison without parole for 25 years would seek to be represented by skilled counsel with the experience and stamina to respond to the Crown’s case in court. This was not the decision that Dellen Millard made when charged with the murder of Laura Babcock. Instead, he decided to go it alone. ... [read more]

Tuesday, November 21, 2017 @ 9:53 AM

A U-turn on the road to reconciliation | Lynda Collins and Natasha Bakht

The Supreme Court of Canada's decision in the landmark case of Ktunaxa Nation v. British Columbia marks the first time the court has considered whether environmental harm can violate a Charter right. It's also a regressive ruling for Indigenous freedom of religion. ... [read more]

Monday, November 20, 2017 @ 8:55 AM

Wellness: Three ways to help with mental health and addiction in lawyer discipline proceedings | Darryl Singer

For all the law society’s talk about harassment, discrimination and Statements of Principles — laudable as these are — there remains one group that is left out of the discussion and as a result faces unduly harsh treatment in law society discipline proceedings: those with addiction and mental health (AMH) issues. ... [read more]

Friday, November 17, 2017 @ 10:52 AM

Tax Views: Light shone on offshore trusts should be a red flag to lawyers and accountants | Vern Krishna

The release of 13 million documents in the so-called “Paradise Papers” has put offshore trusts in the limelight once again. Regardless of their legality and utility, the very mention of the word “offshore” conjures up images of secrecy, and improper tax evasion by high net worth individuals, trusts and multinational corporations, with calls for more money by the Canada Revenue Agency to conduct more audits in exotic jurisdictions. ... [read more]

Wednesday, November 15, 2017 @ 8:59 AM

Statistical base rates and the prediction of behaviour | Anthony Doob and Rosemary Gartner

Imagine that a man is charged with killing his wife. There is clear evidence that he had been unfaithful in their marriage. Let us assume that there is known to be a statistically significant relationship between being unfaithful and killing one’s spouse: those who are unfaithful are more likely to kill their spouses than those who are faithful to their spouses.The defence argues that her death was an accident and that his marital infidelity should not be brought before the jury. Should the evidence of his extramarital affairs be admitted into evidence to support the conclusion that he, in fact, murdered her? ... [read more]