Focus On



Friday, September 24, 2021 @ 5:46 PM

Courts may vary sealing orders & publication bans after merits of underlying case are decided: SCC Supreme Court Justice Nicholas Kasirer

The Supreme Court of Canada has shed new light on the operation of the doctrine of functus officio in a judgment which unanimously recognizes that a court has the continuing supervisory authority to lift or otherwise vary sealing orders and publication bans, even after the merits of the underlying case have been finally determined. ... [read more]

Friday, September 24, 2021 @ 3:52 PM

Filing of French documents available in all Ontario courthouses by February, AG announces Doug Downey, Attorney General of Ontario

On Sept. 24, Ontario’s Ministry of the Attorney General announced that document filing in French will be possible at all courthouses across the province. ... [read more]

Friday, September 24, 2021 @ 1:36 PM

Appeals - Powers of appellate court - Publication bans and confidentiality orders

Appeal by Canadian Broadcasting Corp. (“CBC”) from a 2019 judgment of the Manitoba Court of Appeal that dismissed its motion to set aside a publication ban and from a 2018 judgment of the Manitoba Court of Appeal that ordered a publication ban to remain in effect indefinitely. ... [read more]

Friday, September 24, 2021 @ 1:10 PM

Attack on legitimacy | John L. Hill

Most Canadians were in a state of disbelief when an armed group of rebels attacked the United States Capitol. The melee resulted in death, property damage and public fear and outrage. What was much more serious was that an armed group sought to attack the legitimacy of a national election believing the “big lie” that the election was rigged. ... [read more]

Friday, September 24, 2021 @ 12:56 PM

Courts’ hiding their COVID-19 vaccination policies legally flawed, against public interest: experts Amy Salyzyn, University of Ottawa.

Experts are rejecting as legally flawed, and contrary to the public interest, an argument that a few Canadian chief justices are making to justify not revealing how many of their court’s judges are vaccinated for COVID-19 and what — if any — mandatory COVID-19 vaccination policies their courts have in place. ... [read more]

Friday, September 24, 2021 @ 9:59 AM

Can parents physically discipline their children? Mother scolding child

As I have had the opportunity to serve in the Ministry of Attorney General, Ontario in the capacity of Court Registrar and Crown Attorney, and now my practice’s primary focus is on family law, my clients frequently asked me a common question: whether they can physically discipline their children. ... [read more]

Friday, September 24, 2021 @ 9:54 AM

POWERS OF SEARCH AND SEIZURE - Warrantless searches - Search incidental to arrest

Appeal by Bakal from his convictions for multiple drug and firearm counts. The complainant called 911 to report she had just been assaulted by the appellant, who was her boyfriend at the time. ... [read more]

Thursday, September 23, 2021 @ 2:11 PM

Fighting fraud: Small business edition Fraudface

A phishing scam targets a small business. An employee steals from a small family-run business for over 18 months. ... [read more]

Thursday, September 23, 2021 @ 2:03 PM - Last Updated: Friday, September 24, 2021 @ 3:50 PM

Flags still at half-mast, but have we stopped noticing? | Maggie Wente and Sarah Clarke

After the T’kemlups te Secwepemc Nation discovered 615 bodies of dead First Nations children in unmarked graves on the grounds of a former residential school near its community, the nation reeled. People hung orange shirts, and dropped off tiny shoes on the steps of churches and Parliament. People marvelled at this “dark chapter,” and at how they didn’t know. People marched. People emoted on social media for days. The nation seemed shocked and everyone said we wanted better. ... [read more]

Thursday, September 23, 2021 @ 12:30 PM

Supreme Court of Canada won’t hear s. 12 Charter attack on regulatory mandatory minimum fines

The Supreme Court of Canada ruled today that it will not hear an appeal from a failed Charter challenge by a Quebec project manager slapped with a mandatory minimum fine for violating the province’s Building Act. ... [read more]