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Thursday, September 20, 2018 @ 2:29 PM

Lippes Mathias opens office in Washington, D.C.

Lippes Mathias Wexler Friedman LLP announced on Sept. 18 the opening of its office in Washington, D.C., with the addition of Michael G. Rossetti and Ian A. Shavitz as partners. Both attorneys join the firm from Akin Gump Strauss Hauer & Feld LLP. ... [read more]

Wednesday, September 19, 2018 @ 11:36 AM - Last Updated: Wednesday, September 19, 2018 @ 2:19 PM

Court of Appeal orders stay in ruling on size of Toronto city council Martha Jackman sm

The Ontario Court of Appeal has granted a stay of a lower court ruling in the controversial battle over the size of Toronto’s city council. Bill 5, the Better Local Government Act, which aimed to cut the council down to 25 wards from 47, was deemed unconstitutional by Ontario Superior Court Justice Edward Belobaba on Sept. 10, but the Court of Appeal determined in its decision released Sept. 19 that “there is a strong likelihood that application judge erred in law and that the Attorney General’s appeal to this court will succeed.” ... [read more]

Wednesday, September 19, 2018 @ 8:29 AM

A royal solution to notwithstanding clause debacle | Christopher Williams and Maureen Williamson

The Government of Ontario is in the process of making use of the notwithstanding clause set out in s. 33 of the Constitution Act, 1982 in order to re-enact aspects of the Better Local Government Act, 2018 as Bill 31 (renamed, the Efficient Local Government Act) to protect those sections reducing the size of Toronto’s city council from the same legal challenge as was met by its predecessor. ... [read more]

Tuesday, September 18, 2018 @ 9:27 AM

B.C. Appeal Court rules transit authority erred in refusing anti-abortion bus ads

An anti-abortion group has earned the right to have its proposal to place its ads on Vancouver-area buses reconsidered, after the British Columbia Court of Appeal ruled a local public transit authority did not properly assess the infringement of the group’s Charter rights by not permitting the ads be placed. ... [read more]

Monday, September 17, 2018 @ 9:03 AM

It's up to Indigenous, environmental groups to protect public interest | Pamela Palmater

Despite objections from some of the Indigenous groups about the consultation process, the Federal Court of Appeal (in Tsleil-Waututh Nation et al v. Canada (Attorney General) 2018 FCA 153) held that Canada acted in good faith and that the consultation framework it used was appropriate. ... [read more]

Thursday, September 13, 2018 @ 9:11 AM

Indigenous man arguing traditional laws trump Ontario legislation in child support case Harold Niman

The Ontario Court of Appeal is grappling with a request by a First Nations man to allow a dispute over child support to be determined by traditional Indigenous laws rather than the laws of the province. ... [read more]

Thursday, September 13, 2018 @ 8:50 AM

Toronto municipal election 2018: chaos, notwithstanding | John Mascarin and Monica Ciriello

Justice Edward P. Belobaba’s ruling in City of Toronto et al. v. Ontario (Attorney General) 2018 ONSC 5151 received an unusually early morning release on Sept. 10, 2018. The City of Toronto (City) and several candidates and electors who challenged the constitutional validity of the Better Local Government Act, 2018 (Bill 5) were initially jubilant because a number of provisions of the statute that reduced the number of wards in the City of Toronto for the upcoming municipal election from 47 to 25 were held to be unconstitutional. ... [read more]

Wednesday, September 12, 2018 @ 9:09 AM

Criminal defence lawyers leery of feds’ new cannabis testing device Michael_Spratt_sm

A roulette wheel. This is how a number of criminal defence lawyers from around the country are referring to the Dräger DrugTest 5000, recently approved by the federal government as a device to be used by police the in testing of drivers for impairment from marijuana. ... [read more]

Monday, September 10, 2018 @ 3:18 PM

Judge blocks Ontario’s bid to cut Toronto council, municipalities closely watching, says lawyer John_Mascarin_sm

Some legal clout was given to municipalities across Canada when a judge on Sept. 10 decided it was too close to an election for Ontario’s premier to slash the number of councillors and wards in Toronto, says a lawyer. ... [read more]

Wednesday, September 05, 2018 @ 8:41 AM

The TWU decision: Five big questions | Jonathan Martin and Kristopher Kinsinger

On June 15, 2018 the Supreme Court of Canada released its highly anticipated rulings in the matters of Law Society of British Columbia v Trinity Western University, 2018 SCC 32 and Trinity Western University v Law Society of Upper Canada, 2018 SCC 33 [collectively TWU 2018]. The decisions immediately attracted a wide range of responses from across the legal community. This article identifies and briefly discusses five key questions raised by this important decision. ... [read more]