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Friday, August 23, 2019 @ 11:00 AM

Judges facing firing for misconduct would no longer build pension while fighting removal

Ottawa is working on a draft law to stop federal judges whose firing has been recommended by the Canadian Judicial Council (CJC) from continuing to build up their lucrative pensions as they unsuccessfully challenge their proposed removal for months or years at taxpayers’ expense. ... [read more]

Friday, August 23, 2019 @ 8:25 AM

Saskatchewan judge hearing sex assault case calls new reverse disclosure law ‘invalid’

A Saskatchewan provincial court has affirmed the “fundamental importance” of an accused's right to fully challenge a complainant at trial, says a lawyer following a ruling in which new laws allowing parts of the defence’s evidence to be seen in advance by the other side were deemed unconstitutional in that case. ... [read more]

Thursday, August 22, 2019 @ 1:00 PM

Law society aims to save role of paralegals, law students and articling students post-Bill C-75 Malcolm_Mercer_sm

At its next Convocation, the Law Society of Ontario (LSO) will vote on regulatory changes for its paralegals, law students and articling students in a bid to keep non-lawyer agents in play when new federal rules come into force barring them from acting in summary offence cases. ... [read more]

Thursday, August 22, 2019 @ 9:33 AM

Judge went too far in child support calculations for special needs child: Alberta Appeal Court Andy Hayher, Vogel LLP

The Alberta Court of Appeal has ruled a lower court erred in calculating levels of child support for a 9-year-old girl with Down syndrome, and the lawyer for the young girl’s mother says she plans to bring the issue before the Supreme Court. ... [read more]

Wednesday, August 21, 2019 @ 9:57 AM

Federal Court of Appeal dismisses Air Canada pilots’ challenge in mandatory retirement case Michael Lynk, Western University faculty of law

A number of Air Canada pilots have lost their bid to have the company’s former mandatory retirement policy declared discriminatory, with a legal observer saying the decision raises not only technical issues on dismissals of complaints by adjudicative bodies, but also demonstrates how Canadian courts have been lacking in dealing with the issue of age-related discrimination. ... [read more]

Tuesday, August 20, 2019 @ 12:17 PM

Negligent parenting allegation does not trigger auto insurance coverage, court rules

An Ontario court has struck a “mortal blow” to negligent parenting allegations being used in auto insurance claims where there is no link to operation of the vehicle, says a lawyer. The Aug. 14 Ontario Appeal Court decision in Hunt v. Peel Mutual Insurance Company 2019 ONCA 656 involves an appellant’s unsuccessful attempt to have his girlfriend’s insurance company defend him against a lawsuit by his daughter ... [read more]

Tuesday, August 20, 2019 @ 9:29 AM

Consultation in fisheries case requires meaningful two-way dialogue: Federal Court of Appeal Lisa Glowacki, Ratcliff & Company LLP

The Federal Court of Appeal has overturned a decision denying a B.C. First Nation’s attempt to get its allocation of sockeye salmon substantially increased, saying a lower court misinterpreted its request and incorrectly found the government’s need to engage with the nation was on the lower end of the consultation spectrum. ... [read more]

Monday, August 19, 2019 @ 10:45 AM

Feds providing funding for University of Alberta initiative on Indigenous law Hadley Friedland, University of Alberta faculty of law

A project at the University of Alberta aimed at the revitalization of Indigenous law and governance has received a boost from the federal government. ... [read more]

Monday, August 19, 2019 @ 9:42 AM

Some bar groups leery of top judge’s idea that appellate nominees face public scrutiny Richard Wagner

Chief Justice of Canada Richard Wagner believes introducing appellate court nominees to the public would bolster confidence in the judiciary — but he’s not advocating any particular method of doing so, his office tells The Lawyer’s Daily. ... [read more]

Friday, August 16, 2019 @ 11:01 AM

Canadian Judicial Council asks top court to settle whether discipline body subject to judicial review Norman_Sabourin

The contentious question of whether the disciplinary actions of the Canadian Judicial Council (CJC) can be judicially reviewed for procedural fairness has landed on the steps of the highest court in the land — where two of nine judges won’t play a role in the outcome. ... [read more]