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Wednesday, July 24, 2019 @ 12:48 PM

Employee entitled to withdraw ‘equivocal’ resignation, court rules

The Ontario Court of Appeal has allowed the appeal of an employee who rescinded her retirement notice but was still asked not to return to work. The court ruled this was a wrongful dismissal and awarded the appellant 12 months’ pay in lieu of notice. ... [read more]

Wednesday, July 24, 2019 @ 9:30 AM

Salmon to be CBA’s first racialized president, will highlight young lawyers during term Vivene Salmon sm

Vivene Salmon, the incoming president of the Canadian Bar Association (CBA), is a young lawyer and the first racialized person to take on the role. She understands the impact a recession can have on a legal career, so she wants to focus her term on young lawyers and encouraging intergenerational dialogue. ... [read more]

Tuesday, July 23, 2019 @ 12:20 PM

Nothing inventive in using well-known technology to mimic humans, says court in patent case Jenna Wilson, Wilson Lue LLP

The Federal Court of Appeal has overturned a patent on software related to inspection of railroad tracks, with a lawyer involved in the case saying he believes it is the first time in many years the court has declared a patent invalid on obviousness after it had previously been declared valid. ... [read more]

Tuesday, July 23, 2019 @ 9:33 AM

CCLA raises concerns over breadth of police access to information under new Act Brenda McPhail sm

To assist in the search of a missing person, Ontario’s recently proclaimed Missing Persons Act provides the police with “additional tools,” including the ability to make an “urgent demand for certain records without a court order.” While the Canadian Civil Liberties Association (CCLA) notes that the legislation includes “important” safeguards for privacy protection, it is concerned about the amount of information available to police. ... [read more]

Monday, July 22, 2019 @ 12:19 PM

Complainants’ stories of intimate image sharing could inform courts, lawyer says Molly_Reynolds_sm

A Toronto lawyer is hoping victims’ stories of having intimate images shared online can be used as supplemental evidence in criminal and civil cases. These stories would come from newly emerging support groups for people who have suffered harm after such images were posted online without their consent. ... [read more]

Monday, July 22, 2019 @ 9:26 AM

Judges must evaluate ‘subtle and exacting’ use of interpreters, court finds Saul_Simmonds_sm

Judges in criminal matters must ensure that foreign-speaking accused understand an interpreter is at their disposal if needed, says a lawyer following a recent appeal decision in which the court gave a stern reminder of this constitutional language right. This refresher came via the July 10 Court of Appeal of Manitoba decision in R. v. Gebru 2019 MBCA 73, which involved an Ethiopian-born man seeking a new trial after being convicted of counselling to commit both robbery and murder.  ... [read more]

Friday, July 19, 2019 @ 5:07 PM

Proposed class action settlement on sexual misconduct in military includes ‘structural changes,’ says co-lead counsel Jonathan Ptak

The federal government’s proposed $900 million settlement of a class action lawsuit regarding sexual misconduct in the Canadian Armed Forces (CAF) and the Department of National Defence (DND) “sends a powerful signal to military authorities and the rank and file that the government is paying significant tax dollars to repair some of the insult and damages created and hopefully that will serve as a deterrent going forward,” according to Michel Drapeau, an Ottawa military lawyer and retired army colonel. ... [read more]

Friday, July 19, 2019 @ 1:11 PM

B.C. Law Society updates rules for trust accounts, cash transactions

The Law Society of British Columbia (LSBC) has changed its rules surrounding use of trust accounts and cash transactions by lawyers as part of a nationwide push to combat money laundering in the legal profession. ... [read more]

Friday, July 19, 2019 @ 8:32 AM

Quebec Court of Appeal overturns labour tribunal’s ruling on litigation privilege Francis Gervais

A ruling by the Quebec Administrative Labour Tribunal that held that litigation privilege applies only in civil matters and in adversarial proceedings but not in an administrative law context before a quasijudicial tribunal with powers of inquiry was overturned by the Quebec Court of Appeal. ... [read more]

Thursday, July 18, 2019 @ 2:13 PM

Tread cautiously in looking at impact of plastic bag decision: law prof Deborah Curran, University of Victoria

The City of Victoria has been dealt a blow in its attempts to rein in the use of plastic after the B.C. Court of Appeal ruled the city erred by not seeking the provincial government’s approval for a bylaw prohibiting businesses from providing or selling plastic bags to customers. ... [read more]