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Tuesday, November 20, 2018 @ 9:29 AM

Changes and updates to intellectual property law a ‘field day’ for lawyers: expert Pina D’Agostino, IP Osgoode

Big changes may be in store for intellectual property in Canada as the federal government has moved to make significant amendments to patent and trademark rules. The federal government’s recently-announced omnibus budget legislation, Bill C-86, includes a number of proposed changes to intellectual property (IP) and copyright law. ... [read more]

Monday, November 19, 2018 @ 4:03 PM

Government rejects Senate’s bid to change consent provisions in sexual assault bill Kim Pate

The Trudeau government has rejected two controversial Senate amendments strongly supported by women’s advocates that some experts say clarify — and others say muddy — the vexed law of consent in sexual assault cases. ... [read more]

Monday, November 19, 2018 @ 10:56 AM

Toronto Lawyers Association panel addresses issues, concerns with real estate law

Be vigilant — that was the key message from a conference on real estate law held by the Toronto Lawyers Association Nov. 13. The “Avoiding Liability: What Every Real Estate Lawyer Should Know” panel gave experts in real estate a chance to share some of their concerns and strategies to ensure transactions go smoothly. Panelist Raymond Leclair, vice-president of public affairs with LawPRO, noted real estate issues comprised 34 per cent of total insurance claims from 2007 to 2017, with $238 million in costs. ... [read more]

Monday, November 19, 2018 @ 9:34 AM

New cannabis retail regulations ‘step in right direction’ if enforcement has teeth, lawyers say Joe Hoffer sm

The Ontario government has announced new regulations for the licensing and operation of private cannabis stores, which include a zero-tolerance approach for any retailer serving youth under 19 and a prohibition on licensing anyone associated with organized crime. The announcement seems to follow standard licensing procedure for alcohol and tobacco, lawyers say, but how the government goes about handling enforcement will be something to watch out for. ... [read more]

Friday, November 16, 2018 @ 11:36 AM - Last Updated: Friday, November 16, 2018 @ 4:05 PM

SCC underscores federal courts’ obligation to vindicate official language rights at hearings Suzanne Cote

Violations of language rights in court will usually require a new hearing, even if the fairness of the hearing wasn’t affected, the Supreme Court of Canada directs in a far-reaching 9-0 judgment that underscores the obligation of Canada’s federal courts to vindicate language rights, including by providing timely and effective interpretation services to litigants, witnesses and counsel at hearings. ... [read more]

Friday, November 16, 2018 @ 8:55 AM

RCMP chief superintendent’s drug-impaired driving comments could land him in court, lawyers say Michael Spratt

A senior Canadian police official could one day find himself having to testify in a court challenge after saying the accuracy of current testing for driver impairment from cannabis lags that of alcohol, criminal lawyers say. ... [read more]

Thursday, November 15, 2018 @ 11:59 AM

B.C. bar association releases reconciliation action plan CBABC president Margaret Mereigh

The Canadian Bar Association, B.C. Branch (CBABC) has joined the list of organizations across Canada looking to make a change in their relationship with Indigenous people. The CBABC released its “Taking Action on Reconciliation” action plan Nov. 6. ... [read more]

Thursday, November 15, 2018 @ 9:21 AM

Legal profession has ‘stepped up’ to help Pro Bono Ontario, now it’s time for institutional help: lawyers Quinn Ross sm

When the Honourable Thomas Cromwell broke the news that Pro Bono Ontario (PBO) would be closing three of its Law Help Centres the legal profession responded with a rallying cry that said: Access to justice matters to us. ... [read more]

Wednesday, November 14, 2018 @ 10:47 AM

Sentences must be proportionate, not unjustly light to avoid deportation, finds Appeal Court

Threat of deportation can be a factor in the sentencing of a non-citizen, but the punishment must fit the crime and not simply serve as a pass on immigration consequences, says the lawyer of a offending permanent resident whose sentence was increased by Manitoba’s Appeal Court. The Oct. 31 decision in R. v. Yare 2018 MBCA 114 involved Mustaf Ahmed Yare, a 23-year-old Ethiopian man who pleaded guilty to using a vehicle to flee from police, uttering threats and failing to comply with his recognizance. ... [read more]

Wednesday, November 14, 2018 @ 9:53 AM

#MeToo, #TimesUp movement create chance to push for equality, new OBA president says Lynne Vicars sm

The Ontario Bar Association’s (OBA) new president, Lynne Vicars, knows what it’s like to face gender inequality in the workplace. “It’s something I’ve lived personally,” she said, noting as an example a conversation she had during an articling interview. ... [read more]