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Monday, July 15, 2019 @ 1:26 PM

SCC could ‘abandon’ old case law on implied contracts, says lawyer Brian_Murphy_sm

An East Coast resident is looking towards Canada’s highest court after “antiquated” case law was used in deciding he had breached an implied contract with a company to develop his land for blueberry farming, says his lawyer. The June 25 Prince Edward Island Court of Appeal ruling involved Roger O’Neill and Kings County Construction Ltd. ... [read more]

Monday, July 15, 2019 @ 9:33 AM - Last Updated: Monday, July 15, 2019 @ 1:43 PM

Still long road to go for Trans Mountain as environmental, First Nation groups dispute reapproval Merle Alexander, Miller Titerle & Co.

The bell has rung for another round of the fight against the controversial Trans Mountain pipeline expansion, with a number of groups challenging the federal cabinet’s recent reapproval of the project on the ground the risks of the project to the environment were not adequately dealt with and the government failed in its duty to properly consult with affected First Nations. ... [read more]

Friday, July 12, 2019 @ 11:56 AM

Quebec Appeal Court partially overturns lower court ruling in Telus class action Bruce Johnston

Telus became the third Canadian telecommunications giant that has been compelled to pay clients who paid excessive cancellation fees after the Quebec Court of Appeal partially overturned a lower court decision that dismissed the class action. In a case that deals with contract for services, early cancellation fees, abusive clauses and the right of unilateral resiliation under the Civil Code of Quebec (CCQ), the Appeal Court held that Telus overcharged clients who were billed early cancellation fees ... [read more]

Friday, July 12, 2019 @ 9:58 AM

Court must consider ‘circumstances of the stop’ in determining if traffic arrest unlawful, court rules Mark Halfyard

The Ontario Court of Appeal has set aside a conviction and ordered a new trial for a man who was stopped for driving on a suspended licence and subsequently searched and arrested for drug related offences, while under investigation for trafficking. ... [read more]

Thursday, July 11, 2019 @ 10:31 AM

Group calling for reform to Nova Scotia’s Intestate Succession Act Ilana_Luther_sm

A group advocating for law reform in Nova Scotia is calling for the province to update its “antiquated” legislation so that common law partners of those who die without a will can inherit what has been left behind. ... [read more]

Wednesday, July 10, 2019 @ 11:25 AM

‘Targeted’ traffic safety stop violated man’s constitutional rights: Alberta judge

An Alberta Court of Queen’s Bench judge has overturned the conviction of a man who was found to have breached his probation during a traffic stop, ruling his right not to be arbitrarily detained was violated because the stop went beyond what was allowable under provincial traffic laws. Illay Mohamed had been detained as part of a “proactive patrol” in an area of Edmonton known for high rates of property crime. ... [read more]

Wednesday, July 10, 2019 @ 9:36 AM

Researchers to follow legal aid clients for year-long access to justice research project Trevor_Farrow_sm

An advocacy group for justice reform is being given a grant to launch a study in which people will be shadowed to examine the long-term impacts of difficulties in accessing legal help for civil and family disputes. The Canadian Forum on Civil Justice (CFCJ), a not-for-profit based out of Toronto’s Osgoode Hall Law School, will receive $25,000 from the Law Foundation of Ontario to start the year-long research project, which will begin in late spring of 2020. ... [read more]

Tuesday, July 09, 2019 @ 12:36 PM

Ontario court holds that consensual sex vitiated by fraud is sexual assault

Having unprotected sex when consent for sexual activity is negated by fraud amounts to sexual assault, according to a recent ruling by the Ontario Superior Court of Justice. In R. v. Rivera 2019 ONSC 3918, Justice Nathalie Champagne concluded that Anibal Rivera led the complainant, identified as C.M., to believe that he would wear a condom “as he had previously agreed … and at the last minute … penetrated her without a condom telling her it would be OK,” she wrote in her three-page ruling ... [read more]

Tuesday, July 09, 2019 @ 9:26 AM

Halfway through 2019, SCC more divided than ever as nine judges fracture in 82 per cent of cases The Lawyer's Daily exclusive

The Supreme Court of Canada is dividing more on the outcomes and reasons of appeals than ever in recent memory, with a record low 18 per cent unanimity rate so far in 2019, an analysis by The Lawyer’s Daily discloses. As of the Supreme Court’s latest decision on July 5, this year the top court has divided on the results of the cases, and/or on the judges’ reasons (via concurring opinions) in 18 of 22 judgments. ... [read more]

Monday, July 08, 2019 @ 11:41 AM

Creators of novel Gladue database hope it becomes widely used after free access Melanie_Hodges_Neufeld_sm

A database for researching Gladue principles in Saskatchewan is now free and open to all, and those behind the first-of-its-kind initiative are hoping such a thing will catch on in other jurisdictions. ... [read more]