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Monday, July 16, 2018 @ 1:21 PM

N.S. court rules stress from workplace investigation not eligible for workers’ compensation claim

Clarifying when workers’ compensation does not cover post-traumatic stress was the focus of a failed appeal by a Maritime police officer claiming harm from being criticized for the death of a woman in custody. The Nova Scotia Court of Appeal, in the July 6 decision of Henderson v. Nova Scotia (Workers’ Compensation Appeals Tribunal) 2018 NSCA 59, upheld a tribunal’s denial of a claim by Truro Police Service supervisor Sterling Lee Henderson, who was in command when an intoxicated Victoria Rose Paul suffered a fatal stroke while in lockup. ... [read more]

Monday, July 16, 2018 @ 9:33 AM

Ontario Human Rights Commission tackles segregation, police profiling in annual report Renu Mandhane sm

Addressing human rights concerns may be challenging, but “discrimination is too costly to ignore” writes Renu Mandhane, the chief commissioner of the Ontario Human Rights Commission (OHRC), in the organization’s recently released annual report. The 2017-2018 report released on July 10, covers issues the commission has been working on over the past year and highlights future concerns for the province in areas ranging from criminal justice to children’s aid. ... [read more]

Friday, July 13, 2018 @ 1:42 PM

B.C. health care data non-compellable in tobacco lawsuit, SCC rules Justice Russell Brown sm

In a unanimous ruling, on July 13 the Supreme Court of Canada allowed an appeal from the Province of British Columbia to protect health databases from being compelled in an action it started to recover expenses from tobacco manufacturers under the Tobacco Damages and Health Care Costs Recovery Act. In British Columbia v. Philip Morris International, Inc. 2018 SCC 36, Justice Russell Brown wrote that the order from the courts below erred by finding that the databases were not protected by s. 2(5)(b) of the Act. ... [read more]

Friday, July 13, 2018 @ 9:26 AM

Lawyer hopeful recommendations will improve Saskatchewan’s coroner’s office Aaron_Fox_sm

A prominent Saskatchewan lawyer is lauding a call for more money and additional staff to speed up that province’s sluggish coroner’s office. Lawyer Aaron Fox is hoping recommendations in former police chief Clive Weighill’s external review of Saskatchewan’s Office of the Chief Coroner ­— if put into action — will help lawyers and their clients get timelier cause-of-death information. Weighill’s report, commissioned by Saskatchewan’s Ministry of Justice last year and released June 20, makes 44 recommendations for a system criticized as lacking depth, thoroughness and speed. ... [read more]

Thursday, July 12, 2018 @ 11:17 AM

Alberta court seeking input on proposed pilot project to speed up civil trials

Alberta’s Court of Queen’s Bench has proposed a pilot project to promote resolution and reduce lead times in civil trials in Edmonton and Calgary, and it is encouraging feedback from the bar and the public on the proposals. The court is proposing to revoke the suspension of Rules 8.4(3)(a) and 8.5(1)(a) of the Alberta Rules of Court, which require parties who request a trial date to participate in a dispute resolution process and a judge be satisfied that the parties have participated in a process, respectively. ... [read more]

Thursday, July 12, 2018 @ 9:42 AM

SCC recognizes municipalities can enact conservation zoning, emphasizes bringing action in reasonable period Chief Justice Richard Wagner

A property owner who challenged a municipal zoning bylaw he considered to be a disguised expropriation waited too long before taking legal action but can nevertheless still ask to be compensated for the loss in property value, ruled the Supreme Court of Canada. ... [read more]

Wednesday, July 11, 2018 @ 12:29 PM

Appeal decision details support obligations for those standing in loco parentis John_Maynard_sm

A recent East Coast appeal decision is a reminder that while one may not be a child’s biological or adoptive parent, familial facts may dictate they must stand in loco parentis and pay support. ... [read more]

Wednesday, July 11, 2018 @ 9:31 AM

B.C. Appeal Court decision offers key guidance on presumably inadmissable statements: lawyer Tony Paisana, Peck and Company

The B.C. Court of Appeal has ordered a new trial for a man who claimed self-defence after shooting an acquaintance at a wedding, with the man’s lawyer saying the decision represents an important contribution to the emerging law surrounding the “narrative as exceptional circumstance” exception to admitting putatively inadmissible evidence. ... [read more]

Tuesday, July 10, 2018 @ 11:50 AM

Police turning to 3D technology for crime, accident scene investigation Brian Harder

As 3D scanners are increasingly becoming the tool of choice for police departments across the country to use while investigating accident and crime scenes, it makes sense for lawyers to have a better understanding of how the technology works and how it is used. ... [read more]

Tuesday, July 10, 2018 @ 9:17 AM

B.C. youth advocates calling on provincial government to amend labour laws

As summer begins and young workers head into seasonal work, advocates in British Columbia are calling on the provincial government to change labour laws that allow children as young as 12 to work with little regulatory oversight other than parental consent. First Call: B.C. Child and Youth Advocacy Coalition is championing a campaign to bring B.C.’s labour laws in alignment with international conventions, which would bring the work start age up to 16. ... [read more]