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Monday, August 12, 2019 @ 10:42 AM

POWERS OF SEARCH AND SEIZURE - Seizure - Forfeiture of items seized

Application by the Director for an order of forfeiture of the home of the defendant Nguyen. ... [read more]

Monday, August 12, 2019 @ 9:46 AM

Judges must use restraint in rejecting joint submissions, Nunavut Appeal Court finds Scott_Cowan_sm

Joint submissions are not to be “interfered with lightly” — particularly in a challenging place like Nunavut, says a lawyer following an appeal decision denouncing a judge’s rejection of what was deemed a reasonable sentence proposed by defence and Crown counsel. ... [read more]

Friday, August 09, 2019 @ 2:28 PM

Champerty in third-party litigation funding darkfacebehinddollars.jpg

The standard rule in Canadian civil litigation is that the loser pays a portion of the legal costs of the winning side. Such a rule does not make sense for class actions, including employee class actions. There is a single plaintiff in court who represents a large class of persons — the representative plaintiff. No sane representative plaintiff who might stand to gain $100 from the success of a class action is going to expose himself to the risk of an adverse cost award that could be over $1 million. ... [read more]

Thursday, August 08, 2019 @ 1:19 PM

How blind spots affect judgment in everyday legal practice Two heads grey

This is the final part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. Part two dealt with the concepts of framing and the illusory truth effect. This final chapter addresses the concept of “irrational escalation” and the “bias blind spot.” ... [read more]

Thursday, August 08, 2019 @ 11:36 AM

The man with the newspaper | Ron Dalton

One day a man gave me his used newspaper to read, he did the same for each of the next five days, hardly a monumental act of kindness but one which had an immediate and lasting impact on my life. It was the summer of 1988 and I had just been arrested for the murder of my wife, the mother of our three young children. I was sitting in a holding cell of the local RCMP detachment in a small rural Newfoundland town. ... [read more]

Thursday, August 08, 2019 @ 9:54 AM

‘Five eyes’ nations step up global fight against online sex abuse of children, other cybercrimes Five Eyes

Ministers responsible for the public’s safety in Canada, the U.K., Australia, New Zealand and the U.S. have announced they will finalize next month “voluntary principles” that online platforms and services will be expected to implement as part of stepped-up global efforts to halt the online sexual abuse of children. ... [read more]

Thursday, August 08, 2019 @ 8:43 AM

PROCEDURE - Trial judge's duties - Charge or directions - Defences

Appeal by the accused, Billing, from a conviction for aggravated assault. ... [read more]

Wednesday, August 07, 2019 @ 2:34 PM - Last Updated: Wednesday, August 07, 2019 @ 2:50 PM

Justice Kasirer confirmed as next Supreme Court judge

Prime Minister Justin Trudeau on Aug. 7 announced the appointment of Justice Nicholas Kasirer to the Supreme Court of Canada, effective Sept. 16, 2019. ... [read more]

Wednesday, August 07, 2019 @ 9:52 AM

Quebec lawyers struggling with mental health issues: study Nathalie Cadieux

More than 40 per cent of Quebec lawyers suffer from psychological distress, with lawyers with less than 10 years of experience more prone to experiencing mental health issues, according to a new study by researchers at the Université de Sherbrooke. ... [read more]

Tuesday, August 06, 2019 @ 12:13 PM

EVIDENCE - Hearsay rule - Exceptions - Necessary and reliable evidence

Appeal by the accused, Piche, from a conviction and sentence for assault with a weapon, assault causing bodily harm and uttering threats. ... [read more]