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Monday, September 24, 2018 @ 3:17 PM

SCC asked to stay ruling that guts military justice system; military warns sexual assault prosecutions in jeopardy Bruce MacGregor

The Canadian Armed Forces (CAF) is asking the Supreme Court of Canada for an immediate stay of a recent bombshell Charter decision that guts the military justice system, and which prosecutors contend jeopardizes dozens of serious criminal prosecutions, including for sexual assault, The Lawyer’s Daily has learned. ... [read more]

Monday, September 24, 2018 @ 9:06 AM

Next move being considered after Appeal Court rejects oppression remedy, lawyer says Dave_Hill_sm

A Manitoba Appeal Court judge set a “dangerous precedent” in taking it upon herself to broach and then rule on the inappropriateness of an “oppression remedy” given to a plaintiff who sued his brother after a deal to split up their business went sideways, says a lawyer involved. ... [read more]

Monday, September 24, 2018 @ 8:37 AM

Trans community faces myriad legal problems, rarely seeks help, says report Nicole Nussbaum

Trans people in Ontario appear to face more justiciable legal problems than the general Canadian population, yet rarely seek legal assistance to address or resolve them, according to a recently released report by the HIV & AIDS Legal Clinic Ontario. ... [read more]

Friday, September 21, 2018 @ 6:21 PM

Reforms urged to reduce Federal Court’s ‘arbitrary’ dismissal of refugee claims Sean Rehaag

The Federal Court says it will “closely study” recommendations to reform its practices in refugee cases, following another recent study which indicates that the outcome of life-and-death refugee claims in Canada too often depends on “the luck of the draw” — i.e. which judge happens to be randomly assigned to a failed refugee claimant’s application for judicial review. ... [read more]

Friday, September 21, 2018 @ 3:53 PM

Ontario faces ‘uphill battle’ in fight against carbon tax: experts Eric Adams, University of Alberta Faculty of Law

The Ontario government has followed Saskatchewan’s lead in bringing a challenge to its provincial Court of Appeal on the federal government’s carbon tax, arguing the scheme is not within Ottawa’s powers to do so. But constitutional and tax experts are saying both provinces will most likely have a difficult time convincing courts to rule against Ottawa. ... [read more]

Friday, September 21, 2018 @ 8:39 AM

Class action against securities dealer’s accountant bound for SCC, lawyer says Daniel_Bach_sm

A class action against a defunct securities dealer that lost more than $10 million in investments is headed to Canada’s top court after Ontario’s Appeal Court tossed a “duty of care” claim against the dealer’s accountant, says a lawyer involved. ... [read more]

Thursday, September 20, 2018 @ 2:15 PM

CMAC strikes down key provision of National Defence Act for violating military members’ Charter right to jury trial Jean-Bruno Cloutier

In a legal earthquake for the military justice system, the Court Martial Appeal Court of Canada (CMAC) has split 2-1 to strike down s. 130(1)(a) of the National Defence Act (NDA) because the majority held that the provision — which deems Criminal Code offences committed in Canada by military members to be “service offences” — deprives military accused of their Charter s. 11(f) right to trial by jury. ... [read more]

Thursday, September 20, 2018 @ 9:04 AM

Improving access to justice for litigants and their lawyers tops Federal Court Chief Justice Paul Crampton’s agenda TLD Exclusive

The Federal Court’s leader says improving access to justice for litigants and their lawyers is the aim of several of the national trial court’s new initiatives. In an exclusive annual interview, Chief Justice Paul Crampton spoke with characteristic passion and candour about the state of the itinerant Ottawa-based court, including new and impending measures to assist the bar and the public, and some remaining massive challenges for the bilingual paper-based institution which he, his colleagues and staff are determined to drag into the digital age. ... [read more]

Wednesday, September 19, 2018 @ 2:19 PM

Audio conference will address ‘borderline’ sexual harassment in workplace

The #MeToo movement has placed today’s workplace under a scrutinous eye, with both employers and their employees having to sort out the difference between cases of sexual harassment and those possibly falling short of that, said Toronto employment lawyer Madeleine Loewenberg, who will co-moderate an audio conference to bring clarity to the blurred line between harassment and cases falling into a grey area of what could be considered objectionable behaviour.   ... [read more]

Wednesday, September 19, 2018 @ 11:36 AM - Last Updated: Wednesday, September 19, 2018 @ 2:19 PM

Court of Appeal orders stay in ruling on size of Toronto city council Martha Jackman sm

The Ontario Court of Appeal has granted a stay of a lower court ruling in the controversial battle over the size of Toronto’s city council. Bill 5, the Better Local Government Act, which aimed to cut the council down to 25 wards from 47, was deemed unconstitutional by Ontario Superior Court Justice Edward Belobaba on Sept. 10, but the Court of Appeal determined in its decision released Sept. 19 that “there is a strong likelihood that application judge erred in law and that the Attorney General’s appeal to this court will succeed.” ... [read more]