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Thursday, April 26, 2018 @ 10:37 AM

How courts apply ‘no property in a witness’ principle to expert testimonies expertwitness

The long-standing principle that “there is no property in a witness” allows any party in an action to interview the same witness and to admit evidence from the same witness in court. While this principle is often practised in the context of fact witnesses, it is less common to see opposing counsel retain the same expert in an action. ... [read more]

Thursday, April 26, 2018 @ 8:55 AM

Don’t get too excited about the latest Canadian law firm rankings | Julius Melnitzer

With a passing glance at Acritas’ Canadian Law Firm Brand Index 2018, many Canadian firms who have resisted the impulse to merge with global giants might just be patting themselves on the back. ... [read more]

Tuesday, April 24, 2018 @ 8:37 AM

Office of the Privacy Commissioner reorganization and what it means opc_reorganization_sm

On April 6 the federal Office of the Privacy Commissioner announced a new organizational structure. Following upon the recent report of the House of Commons ETHI Committee recommending overhaul of PIPEDA (Personal Information Protection and Electronic Documents Act) and the past two weeks’ Facebook revelations, the announcement has received some attention. ... [read more]

Thursday, April 19, 2018 @ 9:10 AM

Putting a price on the harm from sexual assault and harassment | Nicole Simes

In 2012, the Pinto Report recommended higher damage awards from the Human Rights Tribunal of Ontario (HRTO). The HRTO has recognized that low-value awards for discrimination and harassment create a licence to discriminate. However, the value of general damage awards for breach of the Human Rights Code remains consistently low. The average awards for the past few years range from $10,000 to $15,000 as reported by the Human Right Legal Support Centre. ... [read more]

Wednesday, April 18, 2018 @ 9:02 AM

Privacy and the Charter: Assessing the right to be forgotten online_removal_sm

The so-called “right to be forgotten” (RTBF) has recently attracted interest in Canada. Some legal scholars have argued that the RTBF is fundamentally incompatible with the Charter of Rights and Freedoms and could never survive a constitutional challenge. ... [read more]

Wednesday, April 18, 2018 @ 8:41 AM

Access to Justice: Current crop of law students committed, enthusiastic | Thomas Cromwell

It is easy to get discouraged by the slow pace of progress on improving access to justice. But a constant source of encouragement is the enthusiasm and commitment of the current generation of law students. ... [read more]

Monday, April 16, 2018 @ 9:00 AM

Hi-Tech: Free online legal resources good news for lawyers | Luigi Benetton

Are you an in-house counsel looking for ways to help control outside legal expenses? There’s good news: certain law firms are making “boilerplate” expertise available online — no obligation, no cost. ... [read more]

Wednesday, April 11, 2018 @ 8:41 AM

The current mess of class action carriage motions | Julius Melnitzer

So, Justice Paul Perell of the Ontario Superior Court of Justice believes that law firms seeking carriage of a class action should hire independent counsel to argue carriage motions. Why? ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Tuesday, April 10, 2018 @ 11:28 AM

Artificial intelligence useful for in-house counsel, conference told Moderator Bram Abramson, Monica Gallant, Benjamin Alarie and Natalie Munroe

When in-house counsel consider the use of an artificial intelligence (AI) tool, they should consider it as an assistive service, according to presenters at a recent Ontario Bar Association conference. ... [read more]