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Friday, April 03, 2020 @ 2:24 PM

No rule that unjust enrichment claim will fail if based on illegal contract: B.C. Court of Appeal

The B.C. Court of Appeal has upheld a lower court decision which ordered a woman to repay hundreds of thousands of dollars she had improperly charged to an acquaintance, despite her argument the money should not have to be returned because it was part of a scheme to deceive immigration authorities. The genesis of the case goes back to 2013, when Me Hee Kim purchased a restaurant from Aesun Choi; as part of the sale, Choi offered to run the business as Kim was in Canada on a study permit. ... [read more]

Friday, April 03, 2020 @ 12:56 PM

Vancouver lawyer caught by COVID-19 crisis in Peru Peter_Swanson

Vancouver lawyer Peter Swanson came close to visiting a historic site on his bucket list last month until what has arguably become the world’s most consequential health crisis scuttled that goal. On the morning of March 14, Swanson, a founding partner of Bernard LLP who primarily practises maritime law, flew to Cusco, Peru, from Rio de Janeiro, where he was attending the 21st annual International Congress of Maritime Arbitrators. ... [read more]

Friday, April 03, 2020 @ 9:42 AM

Quebec Appeal Court tosses photo radar class action as ‘collateral attack’ on conviction André_Durocher

A proposed photo radar and red light camera class action was dismissed by the Quebec Court of Appeal after it held that the litigation constitutes a “collateral attack” on a conviction properly rendered, a principle that equally applies to proposed class actions. ... [read more]

Thursday, April 02, 2020 @ 5:47 PM - Last Updated: Friday, April 03, 2020 @ 4:45 PM

SCC’s sentencing guidance mandates tougher punishment for sexual crimes against children Justice Malcolm Rowe

The Supreme Court of Canada has instructed lower courts to be tougher when punishing sexual crimes against children, in landmark reasons for judgment that offer extensive and detailed guidance on principles, considerations and factors that sentencing judges are to take into account (and misconceptions and myths that they are to avoid). ... [read more]

Thursday, April 02, 2020 @ 1:01 PM

Saskatchewan Appeal Court decision upholds funding for non-Catholic students Collin_Hirschfeld_sm

A recent Saskatchewan Appeal Court ruling in a battle between the government and a rural Catholic school board upholds that education funding be based on “bums in seats” rather than students’ religion, says a lawyer. ... [read more]

Wednesday, April 01, 2020 @ 1:51 PM

Misapprehension of evidence in sex assault case a miscarriage of justice: Ontario Appeal Court Lea Scardicchio

In a case that Ontario Court of Appeal Justice David Paciocco described as “uncommon” involving a trial judge who “misapprehended evidence that was critical to his decision to convict,” Justice Paciocco and colleagues Justices Lois Roberts and Alison Harvison Young recently set aside an Ontario Court judge’s guilty verdict and ordered a new trial for a man convicted in 2018 of sexually assaulting his wife. ... [read more]

Wednesday, April 01, 2020 @ 11:50 AM

Articling student launches legal tech collaboration site in the wake of COVID-19 Egi_Troka_sm

The COVID-19 pandemic has inspired an articling student in Toronto to launch an initiative to bring lawyers and innovators together to collaborate on legal tech systems that can continue to function during a crisis. ... [read more]

Wednesday, April 01, 2020 @ 9:32 AM

Bar calls for limited release of prison inmates, immigration detainees to stop spread of COVID-19 Ravi Jain

Ottawa should release from detention, to the extent consistent with public safety, prison inmates and immigration detainees, says the Canadian Bar Association (CBA), which warns of a potentially “explosive situation” in enclosed institutional settings and “dire” consequences if people remain locked up to together as usual. ... [read more]

Tuesday, March 31, 2020 @ 3:21 PM

New N.S. pension regulations take effect in April Level Chan

Effective April 1, 2020, a new pension funding framework will come into force in Nova Scotia. The intent, according to Finance and Treasury Board Minister Karen Casey, is to stabilize contribution requirements for employers while maintaining the security of benefits for plan members under the provincial Pensions Benefit Act. ... [read more]

Tuesday, March 31, 2020 @ 11:22 AM

Relating facts to law in jury instruction ‘issue’ courts must continue to deal with, lawyers say Michael_Lacy_sm

The Ontario Court of Appeal has ordered a new trial in a first-degree murder case because the trial judge’s instructions to the jury were “simply inadequate” and missed the “fundamental purpose,” which was to “assist the jury.” In R. v. Barreira 2020 ONCA 218, the court heard that the appellants, Brandon Barreira, Joshua Barreira and Chad Davidson, all appealed their convictions of first-degree murder in the shooting of Tyler Johnson. ... [read more]