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Friday, February 22, 2019 @ 2:22 PM - Last Updated: Friday, February 22, 2019 @ 3:40 PM

SCC clarifies what submission to foreign courts’ jurisdiction means under Civil Code of Quebec

The Supreme Court of Canada has clarified that a Quebec resident sued abroad who challenges the foreign court’s jurisdiction will be deemed by Quebec courts to have submitted to that foreign jurisdiction if the Quebecer made substantive arguments in the foreign court that, if accepted, would have resolved all or part of the dispute. ... [read more]

Friday, February 22, 2019 @ 12:35 PM

Bissonnette case spurs legal debate over consecutive sentences Lisa Silver

Hours after Toronto serial killer Bruce McArthur was sentenced to eight concurrent life sentences with no possibility of parole for 25 years, a Quebec judge sparked further legal debate over consecutive life sentences in Canada after he took the “unusual” decision to amend the Criminal Code and sentenced Quebec City mosque killer Alexandre Bissonnette to life in prison with no chance of parole for 40 years, according to criminal law experts. ... [read more]

Friday, February 22, 2019 @ 9:18 AM

No ‘inappropriate’ pressure in SNC-Lavalin case: Wernick; Lametti says AG independent but ‘not an island’ David lametti

Canada’s top civil servant says that, in his view, no “inappropriate pressure” was ever exerted by the Prime Minister’s Office (PMO) on the former attorney general of Canada to shelve a criminal fraud prosecution of SNC-Lavalin in favour of a deferred prosecution agreement (DPA) — although Clerk of the Privy Council Michael Wernick predicted that Jody Wilson-Raybould will nevertheless publicly “express concern” next week about her interactions with the PMO in the SNC-Lavalin matter. ... [read more]

Thursday, February 21, 2019 @ 11:45 AM

Problems with judge’s answer to jury prompts new trial in B.C. murder case

In trials dealing with serious criminal charges, the words in a judge’s jury instructions are as important as the actions jurors are asked to consider in determining the degree of culpability of an accused, as a recent British Columbia Court of Appeal ruling revealed. In R. v. Williams 2019 BCCA 49, a three-judge panel of the appellate court ordered a new trial for Kenneth Bryson Williams, who was convicted by a jury of second-degree murder on Nov. 3, 2016 ... [read more]

Thursday, February 21, 2019 @ 9:50 AM

Chief justice’s remarks spark debate over mandatory pro bono for lawyers  Raymond Adlington

Canadian Bar Association (CBA) president Raymond Adlington says he does not agree with Chief Justice of Canada Richard Wagner that it would be “very good” if lawyers were required to do some free legal work in order to help alleviate court backlogs and improve the public’s access to justice. ... [read more]

Wednesday, February 20, 2019 @ 12:25 PM

No jail in case of alcohol-induced psychosis shows ‘flexibility’ of courts, says lawyer Mark_Knox_sm

An Appeal Court’s decision to spare a remorseful university student jail time for barging into strangers’ apartments while in a violent state of drunken delirium underlines the importance of restorative justice for exceptional circumstances, says a lawyer. ... [read more]

Wednesday, February 20, 2019 @ 10:14 AM

Consultation on Big Data may spur new law: lawyers Teresa Scassa sm

The Ontario government has launched a data strategy consultation to improve innovation and protect privacy in the “advancing era of Big Data.” Lawyers stress that while privacy is a main concern, there are broader implications, such as ethics and how data is used, that need to be considered. The consultation, launched Feb. 5, will roll out in three stages: pre-consultation that will be conducted online until March 7; province-wide roundtables to discuss key topics throughout the spring; and a strategy finalization phase in the fall. ... [read more]

Tuesday, February 19, 2019 @ 12:53 PM

B.C. Appeal Court decision removes any doubt about adverse discrimination test: lawyer James Kondopulos, Roper Greyell LLP

The B.C. Court of Appeal has affirmed a test for adverse discrimination on the grounds of family status, a decision the appellant’s lawyer says helps to prevent the floodgates opening to employers being overwhelmed by routine caregiving obligation requests. The case in Envirocon Environmental Services, ULC v. Suen 2019 BCCA 46 involves a discrimination claim brought forward by Brian Suen against his former employer. ... [read more]

Tuesday, February 19, 2019 @ 9:38 AM

Federal Court’s chief justice says webcast pilot part of modernization project Paul Crampton sm

The Federal Court’s recently launched webcast pilot project may be centred around “access to justice,” but according to Chief Justice Paul Crampton, it’s also part of a larger modernization plan that will include a new website, electronic access to records and improved scheduling capabilities. ... [read more]

Friday, February 15, 2019 @ 4:02 PM - Last Updated: Friday, February 15, 2019 @ 4:36 PM

Lawyers dispute claim solicitor-client privilege bars ex-AG comment on alleged PMO ‘pressure’ in SNC-Lavalin case Jody Wilson-Raybould

Some legal experts dispute the assertion that solicitor-client privilege bars Jody Wilson-Raybould from making any comment on The Globe and Mail’s explosive but unproven allegation that the Prime Minister’s Office (PMO) “pressed” the then-attorney general last fall to nix the bribery prosecution of SNC-Lavalin in favour of a remediation agreement enabling the Montreal-based construction giant to remain eligible for lucrative federal government contracts. ... [read more]