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Wednesday, August 12, 2020 @ 3:04 PM

Consultant’s study seeks complete technology solution for Ontario Superior Court Mohan Sharma sm

The Superior Court of Justice and the Ministry of the Attorney General have hired global consulting firm PricewaterhouseCoopers (PwC) to recommend an end-to-end technology solution to meet the needs of the Superior Court of Justice and all its stakeholders, including judges, lawyers and litigants — especially the growing number of self-represented litigants. ... [read more]

Wednesday, August 12, 2020 @ 8:27 AM

Navigating the modern courtroom: Embracing the change | Karen Heath

The incessant tap-tapping of an enthusiastic typist is part of the steady thrum of courtroom din that you become accustomed to during a lengthy matter. The feverish note taking of a second chair grasping on to each uttered word from the witness is often punctuated by the distinctive tap of the enter key. A new line, a break in thought, nary a breath taken by the witness; and the melody resumes. For opposing counsel (and maybe even co-counsel) it is likely a nuisance. Depending on the real estate of the courtroom, it may border on intrusive. ... [read more]

Tuesday, August 11, 2020 @ 1:56 PM

Prisoner human rights complaint alleges violence, isolation in response to mental health crises Jennifer Metcalfe, Prisoners’ Legal Services (PLS)

A B.C. inmate has filed a human rights complaint against Correctional Service Canada (CSC), alleging it has used violence and isolation to respond to his significant emotional distress and mental health concerns. Nicholas Dinardo, a 28-year-old member of the Piapot First Nation, said he has been met with pepper spray, tear gas, batons and rubber bullets while incarcerated. ... [read more]

Monday, August 10, 2020 @ 11:22 AM

Sentencing raises issue of intimate partner’s position of trust, control manandwomanmarionette.jpg

Murder is one of the only convictions in Canada which gives a judge an option of determining parole ineligibility. Sentencing is a process that is individualized to the offence and the offender. ... [read more]

Monday, August 10, 2020 @ 9:35 AM

Church’s vicarious liability in Mount Cashel abuse scandal transcends religion, says lawyer Eugene_Meehan_sm

A Newfoundland court’s finding that the Archdiocese of St. John’s is vicariously liable for historical sexual abuse at the former Mount Cashel orphanage should be a warning to entities controlling lower institutions that there is a “continuing legal responsibility” to protect others, says a lawyer involved. ... [read more]

Monday, August 10, 2020 @ 9:06 AM

EVIDENCE - Admissibility - Hearsay rule - Exceptions - Necessary and reliable evidence

Appeal by the accused from conviction and sentence for second-degree murder. The appellant stabbed his intimate partner to death in her own home after he discovered she wanted to end the relationship. ... [read more]

Friday, August 07, 2020 @ 2:24 PM

What executors can learn from Quadriga: Starting point in discovery forensic_accountant_sm

If the world of crypto didn’t already have enough mystery along with a spectrum of oddball characters, here is another sordid tale. Canada is the setting for the saga, and not only did the intrigue catch the eye of the financial sector, government and regulatory bodies, it also grabbed the attention of the estate planning community. ... [read more]

Friday, August 07, 2020 @ 2:16 PM

What happens to chair of the bored | Marcel Strigberger

Our courts saw the sentencing recently of Marcella Zoia, who in February 2019 tossed a chair from her balcony 45 floors down on to Toronto’s Gardiner Expressway. Dubbed, “Chair Girl,” she pleaded guilty to mischief endangering life and was fined $2,000 and sentenced to two years probation, including 150 hours of community service. ... [read more]

Friday, August 07, 2020 @ 10:33 AM

Exploitation law review requires voices of experience | Naomi Sayers

In 2014, the Conservative government passed the Protection of Communities and Exploited Persons Act which came into force on Dec. 6 later that year. The Act called for a five-year review since coming into force or by December 2019. To date, no review or attempts to review the Act has taken place. ... [read more]

Friday, August 07, 2020 @ 6:11 AM

EVIDENCE - Disclosure of records of complainant or witness to accused

Appeal by Morton from his convictions for criminal harassment, bribery, breach of trust and unauthorized use of a computer. The appellant and two co-accused, McNish and Braile, worked for a private security company while they were also police officers. ... [read more]