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Tuesday, September 15, 2020 @ 8:46 AM

AGRICULTURE - Farms - Financing - Creditors’ relief - Scope of protection

Appeal by Naber and TK Equipment from the dismissal of their application seeking temporary relief from forfeiture of equipment. The appellants entered into four agreements for the purchase of $2,305,000 in farm equipment financed through the respondent. ... [read more]

Monday, September 14, 2020 @ 11:44 AM

How COVID-19 will change legal innovation robots

When Ryan Edmonds, a Toronto-based employment lawyer, launched his firm in 2014 he didn’t set out to be an early adopter of legal technology. Cost and flexibility, he says, made setting up a cloud-based paperless system an easy choice. ... [read more]

Monday, September 14, 2020 @ 8:40 AM

Paper-based vs. paperless vs. digital paperless_office_sm

Recently I spent three days in a law firm boardroom digitizing the entirety of a law firm’s corporate minute book collection. One by one we combed through the pages of the binders, carefully disassembling decades-old records to be fed through the scanner that worked effortlessly, albeit with a faint hum. ... [read more]

Thursday, September 10, 2020 @ 7:16 PM

Supreme Court twice weighs in on Ontario anti-SLAPP legislation Suzanne_Cote_sm

Canada’s highest court has for the first time zeroed in on Ontario’s anti-SLAPP laws via two rulings, finding in one that a developer’s lawsuit aimed at statements by a residents’ association was a SLAPP and went against the public’s interest in hearing the group’s environmental concerns, while deciding in another the advancement of a doctor’s defamation case is of greater public interest than the defendant’s right to expression. ... [read more]

Thursday, September 10, 2020 @ 2:37 PM

Animal law: More problems inherent in breed specific legislation three cute dogs

Breed specific legislation (BSL) identifies specific breeds, often pit bulls, as dangerous and imposes strict laws and regulations on their ownership, sometimes including a ban on ownership all without increasing public safety. Animal welfare leaders and animal advocates worldwide who have examined dog bite statistics, the law and science are staunchly opposed to BSL. As stated in part one of this series examining BSL, it has been a statutory failure because these laws are driven by fear-based profiling policies instead of a deeper understanding.   ... [read more]

Thursday, September 10, 2020 @ 11:13 AM

Court vs. commercial arbitration after COVID: Dealing with the backlog virtual_law_sm

In my previous article in this series on the pros and cons of virtual proceedings, whether in court or in arbitration, I stated that one common theme throughout the literature and commentary is that there will be a “new reality” to dispute resolution processes post COVID-19. The first issue discussed in that article was adapting to virtual proceedings. The second “new” issue that I will address in this article is how to deal with the backlog created by the pandemic. ... [read more]

Wednesday, September 09, 2020 @ 2:36 PM

Criminalization of Indigenous journalism contradicts reconciliation | Pamela Palmater

What does it take to get arrested by the Ontario Provincial Police (OPP)? Well, if we go by recent events around 1492 Land Back Lane, it looks like the arrest criteria include being Indigenous, an award-winning journalist and covering First Nation land defence stories. Because that is exactly what happened to Karl Dockstader, an Oneida journalist and radio host embedded with Haudenosaunee land defenders and providing daily updates via social media and video. What’s worse is that the OPP refuses to tell Dockstader what he has done wrong. ... [read more]

Friday, September 04, 2020 @ 8:42 AM

Court vs. commercial arbitration after COVID: Adapting to the virtual virtual_law_sm

Five years ago, my colleague Gannon Beaulne and I published an article in The Advocates' Journal (Summer 2015 at pages 11-21) titled Making up your mind: Trial litigation versus Arbitration in the Commercial World. The title was derived from the well-known song by the Lovin' Spoonful: “Did you ever have to make up your mind?/ You pick up on one and leave the other behind./ It's not often easy and not often kind./ Did you ever have to make up your mind?” ... [read more]

Thursday, September 03, 2020 @ 1:10 PM

Law school practical: Non-disputing party system underutilized BTLS

During my journey through law school at the University of Ottawa, I was fortunate to participate in a joint economic law clinic, part of the Trade Lab international economic law network. This two-part series is based on my group’s work involving taking stock of non-disputing party (NDP) participation in the Investor State Dispute Settlement system (ISDS). The first part of this series looked at the history of ISDS and NDP participation. In this part, I continue the discussion by showing how the NDP system is underutilized, underscore why law reform should be an ongoing process, as well as illustrate the benefits of practical classes in law school. ... [read more]

Thursday, September 03, 2020 @ 9:50 AM

Claim in constitutional challenge doesn’t require individual plaintiff, B.C. Appeal Court rules Calvin Sandborn, University of Victoria faculty of law

A number of advocacy groups are hailing a recent B.C. Court of Appeal decision on public interest standing in a challenge of the province’s mental health laws, saying the court’s ruling will make it easier for grassroots organizations to bring forward constitutional cases in the future. ... [read more]