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Friday, October 27, 2017 @ 8:35 AM

Early evidence gathering helps with challenge of proving workplace sexual harassment

Successfully proving sexual harassment is a highly difficult task for any seasoned lawyer. In the civil context, the complainant bears the onus of proving that the sexual harassment occurred on a balance of probabilities. While this is a far less rigorous evidentiary standard than in the criminal context, convincing an adjudicator that unwelcome sexual harassment more likely than not occurred is, in most cases, far from a slam dunk. ... [read more]

Thursday, October 26, 2017 @ 5:20 PM

Rae skewers Liberals’ SCC appointment process Bob Rae

Asking judges and other senior jurists to apply for the Supreme Court of Canada in the name of expanding the top court’s diversity is “misguided” because it effectively excludes some people who feel it is unseemly to compete for the job, said Bob Rae, Ontario’s ex-NDP premier, and the former interim leader of the federal Liberals. ... [read more]

Wednesday, October 25, 2017 @ 12:43 PM

Liberals fail to deliver on pledge to publish excerpts ‘shortly’ from applications for bench Sossin

Time still crawls at the Department of Justice (DOJ) when it comes to judicial appointments — and the government admits that limited resources devoted to the task are a factor. ... [read more]

Wednesday, October 25, 2017 @ 7:38 AM

MPs heed defence bar’s warning that compelling defence disclosure in sex assault cases violates Charter Megan Savard

Members of the defence bar who warn that imposing unprecedented new disclosure requirements on people accused of sexual assault is unconstitutional say MPs appeared receptive to their suggestions for improving Bill C-51. ... [read more]

Tuesday, October 24, 2017 @ 7:14 AM

CJC ‘very hopeful’ Senate will heed red flags judiciary raised about judicial training Norman_Sabourin

The Canadian Judicial Council (CJC) has turned down Sen. Kim Pate’s request to particularize how federal judges are trained to handle sexual assault cases — but the powerful council of 39 chief justices says it remains “very hopeful” that the Senate will fix a judicial training bill opposed by the judicial branch. ... [read more]

Monday, October 23, 2017 @ 1:00 PM

Two new Superior Court judges appointed in Ontario

There are two new members of the bench in Ontario. ... [read more]

Monday, October 23, 2017 @ 12:55 PM

Crown counsel named judge in Newfoundland and Labrador

Vikas Khaladkar who served as the Crown counsel with the Newfoundland and Labrador Department of Justice and Public Safety, is now a judge with the St. John’s-based trial division of the Supreme Court of Newfoundland and Labrador. ... [read more]

Monday, October 23, 2017 @ 12:55 PM

Dadour named to bench in Quebec

The Superior Court of Quebec has a new member. François Dadour, a partner at Poupart, Dadour, Touma and Partners, has been appointed as a justice with the court for the district of Montreal. ... [read more]

Monday, October 23, 2017 @ 9:25 AM

Access to justice pilot project highlights need to inform Ontarians of language rights Cameron Fiske sm

Practices established through a pilot project to enhance access to justice in French have been made permanent at the Ottawa courthouse after the Ministry of the Attorney General released a final report on the project’s priorities and recommendations. ... [read more]

Monday, October 23, 2017 @ 7:50 AM

Doing business in U.S. marijuana market a risky venture for Canadian firms: experts James Munro, McMillan LLP

Canada’s security regulators are raising red flags about Canadian marijuana companies doing business in U.S. states which have legalized use of the drug, and legal experts note such companies could risk being delisted from the nation’s stock exchanges if they started or continued to operate south of the border. ... [read more]