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Tuesday, February 25, 2020 @ 12:50 PM

Judges must pay heed to all joint submissions, Court of Appeal says in overturning sentence

A recent Ontario Court of Appeal ruling reminded trial courts that when the justices of the Supreme Court of Canada told their lower court counterparts three years ago to “only interfere with joint submissions in the rarest of circumstances, they meant the rarest of circumstances,” according to criminal defence lawyer Solomon Friedman, managing partner of Edelson Friedman Black LLP in Ottawa. ... [read more]

Tuesday, February 25, 2020 @ 9:35 AM

Federal Court of Appeal decision means no questions left on test for protective orders: lawyer Andrew Brodkin, Goodmans LLP

The Federal Court of Appeal has clarified the test to be used when determining whether to issue a protective order in intellectual property cases, a decision a lawyer involved in the case says now offers greater certainty to companies on what their rights are in Canada when seeking to protect information. ... [read more]

Monday, February 24, 2020 @ 3:08 PM

Coming of self-driving vehicles means changes for insurance sector: lawyer Robert_Love_2_sm

As the driving world creeps closer towards the use of “truly” autonomous vehicles, Ontario and its auto insurers will need to prepare for “transition” in the handling of collisions caused by driver error versus those caused by malfunction, says an expert. ... [read more]

Monday, February 24, 2020 @ 2:04 PM

Knowledge of nature of firearm does not establish knowledge that it’s loaded, court rules Chris_Murphy_sm

The Ontario Court of Appeal has entered acquittals and reduced the sentence of a man convicted of various drug- and firearm-related offences in a decision, counsel says summarizes in a helpful way the notion of reasonable inference. ... [read more]

Monday, February 24, 2020 @ 9:38 AM

Canada has constitutional duty to reach climate targets, First Nations argue in lawsuit Richard Overstall

Two hereditary chiefs of the Wet’suw’eten Nation have launched a court challenge saying the federal government has violated their peoples’ constitutional rights by continually failing to reach its climate change targets, a case their lawyer says will continue even if the standoff over the controversial Coastal GasLink pipeline ends. ... [read more]

Friday, February 21, 2020 @ 4:42 PM - Last Updated: Monday, February 24, 2020 @ 8:38 AM

SCC affirms First Nations can sue in Quebec for alleged harms to lands straddling N.L., Quebec Richard Wagner

In a groundbreaking private international law judgment concerning the adjudication of constitutionally protected s. 35 Aboriginal rights, the Supreme Court of Canada has affirmed that the Quebec Superior Court does have jurisdiction to decide all the claims brought against two Montreal-based mining companies for alleged harms committed in the traditional territories of two Innu First Nations — even though some of the Innu’s claims relate to land in Newfoundland and Labrador. ... [read more]

Friday, February 21, 2020 @ 12:04 PM

CBA urges better regulation of immigration consultants, denounces Bill 21 religious discrimination Vivene Salmon

Lawyers are mobilizing to push Ottawa to rein in immigration consultants who harm the public and to denounce the Quebec government’s denial of public employment to lawyers and others who wear religious symbols as an expression of their faith. ... [read more]

Friday, February 21, 2020 @ 9:42 AM

Court of Appeal raises alarm over ‘trap for the unwary’ in addendum to home sale agreement Bob Aaron of Aaron & Aaron

An Ontario Court of Appeal decision that ruled in favour of a builder in a dispute over a purchase and sale agreement has raised the need to revise the wording of an addendum regarding delayed closing provisions, according to a veteran real estate lawyer. ... [read more]

Thursday, February 20, 2020 @ 3:28 PM

Dealing with orphan oil and gas wells both a political and legal problem, experts say Alastair Lucas, University of Calgary

A potential crisis looms over Alberta’s energy sector, which is largely separate from the fallout if major projects such as Trans Mountain expansion do not go forward. ... [read more]

Thursday, February 20, 2020 @ 12:23 PM

Top judge urges bar to vigilantly defend judicial independence

Supreme Court of Canada Chief Justice Richard Wagner is warning the bar and all Canadians to be vigilant to preserve the judiciary’s independence. In his first address to the Canadian Bar Association’s annual meeting, the top judge stressed that judicial independence exists not for the benefit of individual judges, but to preserve the public’s confidence that judges decide cases independently and impartially, and without regard to the political ideology of the government that appointed them. ... [read more]