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Wednesday, April 17, 2019 @ 11:26 AM

Ontario’s push for legal immunity bad for business, democracy | Michael Bryant

What a message. First, a provincial government publicly toys with the idea that its law-shrinking Toronto City Council ought to be immune from the Charter of Rights and Freedoms, through a petty and ultimately despotic usage of the “notwithstanding clause” of the Constitution Act, 1982. ... [read more]

Tuesday, April 16, 2019 @ 1:43 PM

Early resolution for family matters | Kurt Sandstrom

On May 13, the B.C. provincial court and the Ministry of Attorney General will launch the Victoria Early Resolution and Case Management Model. ... [read more]

Monday, April 15, 2019 @ 1:02 PM

It’s time to take mandatory mediation national | Stuart Rudner

Back in 1999, mandatory mediation was introduced in a few jurisdictions in Ontario on a trial basis. Which means that mandatory mediation has been part of the legal system in Ontario for as long as I have (I was called to the bar that February). ... [read more]

Monday, April 15, 2019 @ 12:18 PM

Difference between lawyers, paralegals | Sam Goldstein

It’s interesting during this bencher election in Ontario no candidate demanded that the standards to become a paralegal must come down so more people can enter that profession. Why would a person interested in a legal career want to spend $40,000 a year on law school when you can take a two-year paralegal course at Seneca College for a total cost of $4,028 and do almost the same work? ... [read more]

Thursday, April 11, 2019 @ 12:40 PM

Justin (finally) takes chapter from dad’s How-to-Politic book | Laurelly Dale

Up until this past week Justin Trudeau has been regarded as soft.  ... [read more]

Thursday, April 11, 2019 @ 8:47 AM

Closing Safe Third Country Agreement loopholes | Colin Singer

Canada and the U.S. are set to begin talks to close a loophole that has allowed more than 40,000 refugee claimants to cross into Canada from the U.S. during the past two years. ... [read more]

Wednesday, April 10, 2019 @ 8:24 AM

Is Philpott correct to say PM broke the law? | Heather MacIvor

On April 9, Dr. Jane Philpott — now the Independent MP for Markham-Stouffville  — rose in the House of Commons and accused Prime Minister Justin Trudeau of breaking the law. She claimed that his unilateral decision to expel her and Jody Wilson-Raybould from the Liberal caucus on April 2 was inconsistent with the Parliament of Canada Act (PCA). ... [read more]

Monday, April 08, 2019 @ 2:06 PM

Access to Justice: View from the trenches | Michael Lesage

As Ontario’s lawyers set to elect a new slate of benchers to Convocation, the oft-discussed, seldom addressed issue of access to justice has again entered into the conversation. Most agree that access to justice is a worthy (if aspirational and ill-defined) goal, that must be advanced and encouraged. However, the facts on the ground tell a different story, that of people being unable (or unwilling) to hire lawyers or to effectively assert their rights on their own. Conversely, lawyers continue their exodus from private practice, especially within the small firm setting (this despite the fact that more and more lawyers are being called to the bar). Clearly, something is amiss. ... [read more]

Monday, April 08, 2019 @ 5:54 AM

TELUS v. Wellman calls for legislative action | William Horton

Pity the Supreme Court of Canada. In TELUS Communications Inc. v. Wellman, [2019] S.C.J. No. 19, the court was called upon to choose between: Excluding tens of thousands of TELUS’ business customers from any effective remedy by keeping them out of a class action which would decide the exact same claims advanced by customers who are consumers; and stretching the words of s. 7(5) of the Arbitration Act beyond the meaning that the words literally bear. ... [read more]

Friday, April 05, 2019 @ 9:08 AM

More reasons to abandon the HST | Dale Barrett

In my first article in this series, I expressed the opinion that the entire HST system and its legal framework are fundamentally flawed. I outlined four of the nine problems with HST to help illustrate why it should be abandoned. Here are the remaining problems. ... [read more]