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Friday, March 29, 2019 @ 9:06 AM

New Manitoba tenancies legislation ‘may not actually achieve what it sets out to do,’ says lawyer Allison_Fenske_sm

A proposed amendment in Manitoba making its tenancies commission the final decision-maker in residential disputes “may not actually achieve what it sets out to do,” given the judiciary will still have a role to play in making sure tribunals properly apply their laws, says a lawyer. ... [read more]

Thursday, March 28, 2019 @ 12:13 PM - Last Updated: Friday, March 29, 2019 @ 11:07 AM

SCC rules 30- and 90-day detention reviews for accused held on remand are automatic under s. 525 of Code Richard Wagner

A unanimous Supreme Court of Canada decision requiring automatic detention reviews after 90 or 30 days for people in remand will have a “massive” and salutary impact on the justice system — resulting in thousands more judicial hearings to review pretrial detention, quicker trials, and fewer accused in custody pending trial, predicts the B.C. defence counsel who won the case. ... [read more]

Thursday, March 28, 2019 @ 9:30 AM

‘Keep up the good fight, kid’: David Scott, 83, championed access to justice David Scott sm

A couple of days before David Scott passed away he called Pro Bono Ontario (PBO) to speak with its executive director, Lynn Burns. His last words to her were, “Keep up the good fight, kid,” said Burns, adding that she hopes his legacy of strong leadership will inspire other lawyers. ... [read more]

Wednesday, March 27, 2019 @ 2:08 PM

Corporate director owes duty of care to injured workers: Alberta Court of Appeal

The Alberta Court of Appeal has ruled a director of a construction company was liable for injuries suffered on a job site, despite his arguing any negligent act that may have been committed was done as an employee and not an officer of the company. The respondent, Doug Stewart, is a director of DWS Construction. He was involved in the installation of a temporary staircase in a home that later collapsed, injuring a number of workers from another company. ... [read more]

Wednesday, March 27, 2019 @ 9:46 AM

Better clarity needed on ‘normal course of trade’ in trademark case: lawyer Peter Choe, Gowling WLG

A lawyer in a trademark case is pledging to appeal to the Supreme Court of Canada after the Federal Court of Appeal said profit is not required when a transfer is made of a good in the “normal course of trade.” The issue in Cosmetic Warriors Limited v. Riches, McKenzie & Herbert LLP 2019 FCA 48 deals with the trademark “Lush,” owned by cosmetics company Cosmetic Warriors in association with “[c]lothing, namely, t-shirts.” ... [read more]

Tuesday, March 26, 2019 @ 12:01 PM

Clearinghouse for Ontario law school applications says cheating attempts have occurred, but are ‘very rare’

The central clearinghouse used by seven Ontario law schools to electronically provide all university transcripts, reference letters and LSAT results relied on by the law schools to decide which students are admitted acknowledges it has experienced some attempts at cheating, but says they are “very rare.” ... [read more]

Tuesday, March 26, 2019 @ 9:51 AM

Quebec Court of Appeal decision broadens fundamental rights for legal persons Stanley Berger

A numbered company that was ordered by a lower court to pay the minimum fine for acting as a building contractor without holding a licence won a significant legal battle appeal after the Quebec Court of Appeal held that legal persons are entitled to protection against cruel or unusual treatment or punishment within the meaning of s. 12 of the Canadian Charter of Rights and Freedoms. ... [read more]

Monday, March 25, 2019 @ 12:10 PM

Concerns about broker preferencing in equity market fuels consultation by financial regulators

Canada’s financial regulators are looking for feedback in response to concerns about the internalization of retail orders in the equity market. The Canadian Securities Administrators (CSA), which is the umbrella group for Canada’s provincial and territorial securities commissions, and the Investment Industry Regulatory Organization of Canada (IIROC), which oversees investment dealers and trading, have jointly published a consultation paper seeking feedback on internalization ... [read more]

Monday, March 25, 2019 @ 9:28 AM

N.L. legal aid hopes rebranding will crush stereotypes Lauren_Chafe_sm

Newfoundland’s legal aid lawyers are hoping a clean new logo and crisp tagline will help abolish an image of inferiority and convince clients they are “real lawyers for real people.” March 7 marked the launch of a rebranding for the Newfoundland and Labrador Legal Aid Commission (Legal Aid NL) in a bid to confront the ever-lingering stereotype that legal aid lawyers are not as skilled as those from the private bar. ... [read more]

Friday, March 22, 2019 @ 12:54 PM

New prosecution policy recognizes justice ‘alternatives’ for Nova Scotia Indigenous, Crown says

New policy in Nova Scotia where Crowns use “cultural competency” in criminal cases involving Indigenous people has led to positive impacts for the province’s justice system and support from various players, says a prominent prosecutor. ... [read more]