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Tuesday, June 23, 2020 @ 8:53 AM

Validation of non-compliant testamentary documents in B.C.: Unsuccessful cases hand-_written_sm

In a previous article, cases where applications under s. 58 of the Wills Estates and Succession Act (WESA) were successful in curing deficiencies in testamentary documents were discussed. Those cases, as well as decisions such as Hubschi Estate 2019 BCSC 2040, where a document on a computer was found to be a valid will, may leave readers with the impression that s. 58 is limitless in scope. Cases reviewed here will address circumstances where s. 58 applications were unsuccessful, emphasizing the unpredictability of these decisions. ... [read more]

Monday, June 22, 2020 @ 11:53 AM

Nothing good ever comes for free: Contact tracing apps and COVID-19 | Kay Wu

It goes without saying — the COVID-19 pandemic has transformed every aspect of society as we know it. Businesses, employers, markets and schools are struggling to adapt in light of social distancing measures. People have been forced to find new alternatives to carry out their daily operations amidst these unprecedented times. However, our modern methods for dealing with this age-old problem may pose certain privacy issues. ... [read more]

Monday, June 22, 2020 @ 9:57 AM

World’s first restorative justice lab opens at Dalhousie University Jennifer Llewellyn

In the interests of justice — restorative justice — Dalhousie University opted to move forward with an historic initiative despite the constraints imposed by the current COVID-19 pandemic. As a result, the world’s first restorative justice lab is now up and running. “In a perfect world, you would have opened a physical space, but we decided not to hold off,” said Jennifer Llewellyn, a law professor at the Schulich School of Law and chair of the newly launched Restorative Research, Innovation & Education Lab (RRIELab). ... [read more]

Friday, June 19, 2020 @ 12:43 PM

Digital assets technology awareness: Adapting to change digital_toolbox_sm

Don’t look now but COVID-19 just added a digital estate to your client’s estate plan. ... [read more]

Wednesday, June 17, 2020 @ 9:36 AM

Task force aims to help modernize justice system and role of advocates Guy Pratte

Some of Canada’s greatest legal minds are coming together to contemplate the future of the country’s justice system beyond COVID-19. The Modern Advocacy Task Force, officially launched June 9 by The Advocates’ Society, will be made up of members from across the country and guided by a blue-ribbon advisory panel that will include former chief justice of Canada Beverley McLachlin and former Supreme Court of Canada justices Ian Binnie, Thomas Cromwell, Marie Deschamps, Clément Gascon, John C. Major and Marshall Rothstein. ... [read more]

Friday, June 12, 2020 @ 12:58 PM

Clear communications during global pandemic languages_world_sm

It is critical that in-house counsel and lawyers in private practice communicate effectively with their clients. Quick, concise communications become especially crucial during crisis situations, such as responding to a global pandemic. ... [read more]

Thursday, June 11, 2020 @ 9:26 AM

Courts need new ideas to safely resume jury trials, selection, lawyers say Trevor_Farrow_sm

Canada’s courts are going to have to be “creative” if they want to resume jury trials and jury selection while continuing to practise social distancing, says a legal mind. As some of the nation’s courts slowly restart certain operations, questions remain about how they will resume jury trials and the process of gathering large groups of people together to choose who will sit on a panel. ... [read more]

Wednesday, June 10, 2020 @ 2:53 PM

Alberta follows Ontario sanctioning ‘upstream’ litigation by videoconference online_trial_sm

In the recent Alberta Court of Queen’s Bench decision of Sandhu v. Siri Guru Nanak Sikh Gurdwara of Alberta 2020 ABQB 359, Justice Michael Lema found authority in the Alberta Rules of Court and applied recent Ontario authority, among others, to authorize cross-examination on affidavits by videoconference, or “remotely,” given the exigencies of the pandemic. ... [read more]

Tuesday, June 09, 2020 @ 9:45 AM - Last Updated: Tuesday, June 09, 2020 @ 11:43 AM

‘Everything is on the table’ as Ontario eyes a return to courts, says attorney general Doug Downey

As Ontario moves toward a July 6 target date for resuming in-person proceedings amid COVID-19, Attorney General Doug Downey says his Ministry is consulting closely with two health experts and is even considering using gymnasiums to enable physical distancing. “Health and safety are at the centre of everything we’re doing,” he told Criminal Lawyers’ Association (CLA) president John Struthers during a June 4 CLA webcast. “People need to feel safe, as well as be safe.” ... [read more]

Tuesday, June 09, 2020 @ 8:34 AM

History made in Ontario courts: Final thoughts youtube_court_sm

In my last article in this series, I noted that in Nation Rise Wind Farm Limited Partnership v. Minister of the Environment, Conservation and Parks, 2020 ONSC 2335 judicial review, the Divisional Court held that the minister’s decision was unreasonable and the process by which he reached his decision breached procedural fairness. ... [read more]