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Friday, March 01, 2019 @ 9:03 AM

Federal Appeal Court ‘misunderstood the purpose’ of parliamentary privilege in expenses case: lawyer

The Federal Court of Appeal has ruled the proceedings of an internal body of the House of Commons is protected by parliamentary privilege in a case involving the expenses of a number of members of Parliament, a decision the MPs’ lawyer is pledging to bring to the Supreme Court to get a final answer on what he calls a fundamental issue of constitutional law. ... [read more]

Thursday, February 28, 2019 @ 11:30 AM - Last Updated: Thursday, February 28, 2019 @ 4:42 PM

SCC rules lawyers can be liable for client referrals that go bad Clément  Gascon

In a cautionary tale for lawyers who refer clients to other service providers, the Supreme Court of Canada has 8-1 dismissed the appeal of a Montreal lawyer and his firm from a judgment below which holds them liable for the full $6.8 million their client lost after they unwittingly referred her to a financial adviser who later turned out to be a fraudster running a Ponzi scheme. ... [read more]

Thursday, February 28, 2019 @ 10:27 AM

Ex-AG alleges PM, senior officials tried to ‘politically interfere’ in SNC case; Trudeau ‘completely disagrees’ Jody Wilson-Raybould

In an accusation strenuously denied by Prime Minister Justin Trudeau, Jody Wilson-Raybould alleged that before he removed her as attorney general of Canada last month, she and her then-chief of staff experienced sustained “very inappropriate” political interference and escalating “extraordinary” pressure from senior government officials, including the prime minister and Clerk of the Privy Council Michael Wernick, to reverse her decision last fall not to shelve the criminal bribery prosecution of Montreal-based construction giant SNC-Lavalin in favour of a negotiated deferred prosecution agreement (DPA). ... [read more]

Thursday, February 28, 2019 @ 6:43 AM - Last Updated: Thursday, February 28, 2019 @ 1:19 PM

B.C. bar association president ‘hesitantly optimistic’ about pledge to fund new legal clinics Margaret Mereigh, president, Canadian Bar Association, B.C. Branch (CBABC)

The B.C. government announced plans to establish legal clinics across the province in its most recent budget, but details are scarce about their location or what areas of law they will provide services in. ... [read more]

Wednesday, February 27, 2019 @ 2:27 PM

Obstruct justice prosecution of PMO officials for ‘undue pressure’ on AG an uphill battle Kenneth Jull

A prime minister or his officials would not be obstructing justice simply because an attorney general believes their good-faith communications to him or her about public interest considerations in a criminal prosecution unduly pressured him or her to negotiate a deferred prosecution agreement (DPA) with a company, some lawyers suggest. ... [read more]

Wednesday, February 27, 2019 @ 9:39 AM

Documenting privacy breaches a must for law firms, lawyer says Andrew_Buck_sm

Law firms must not overlook the legal duty to record all privacy breaches at their organizations — even those they are not required to formally report, says a lawyer set to lecture on the subject. ... [read more]

Tuesday, February 26, 2019 @ 12:45 PM

B.C. Appeal Court decision widens scope of probation orders: law prof Isabel Grant, UBC School of Law

The B.C. Court of Appeal has ruled the Criminal Code gives sentencing judges broad authority to impose “reasonable terms” in a probation order to protect society and facilitate an offender’s reintegration into the community, after a man argued restrictions on where he could live placed by his probation officer were improperly ordered. ... [read more]

Tuesday, February 26, 2019 @ 9:28 AM

B.C. to address reconciliation by implementing UN Declaration on the Rights of Indigenous People Merle Alexander, Miller Titerle & Co.

British Columbia has pledged to bring the United Nations Declaration on the Rights of Indigenous People (UNDRIP) into legislation, but legal experts are saying it remains to be seen if the government’s actions meet the aspirations of First Nations on self-determination and consent. The government made the pledge in its most recent throne speech, and the provincial NDP government has campaigned on the issue. In a press conference Feb. 13, Premier John Horgan said implementation of the declaration will be “more than symbolic.” ... [read more]

Monday, February 25, 2019 @ 1:43 PM

High damages award upheld for employee fired for alleged fraud, intimidated with counter-claim

The Ontario Court of Appeal’s decision to award “unusually high” costs to a man terminated for alleged fraud is a “strong message” to employers to take care when making a counter-claim against an employee, counsel said. In Ruston v. Keddco Mfg. (2011) Ltd. 2019 ONCA 125, the court heard that in 2015 Scott Ruston, the respondent, was terminated from his position as president of Keddco Mfg., the appellant. Ruston was told he was being terminated “for cause and that he had committed fraud.” ... [read more]

Monday, February 25, 2019 @ 9:43 AM

Diversity needed some bencher candidates say, as debate over statement of principles continues Caryma Sa'd sm

Lawyers have been divided on the Law Society of Ontario’s (LSO) statement of principles since it was first announced as part of the regulator’s annual reporting requirements in 2017 with opponents arguing it’s “compelled speech” and a “purity test.” The statement continues to be an issue in the current bencher election with some candidates campaigning to abolish the statement of principles and others maintaining that promoting diversity is essential. ... [read more]