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Wednesday, October 16, 2019 @ 1:47 PM

Quebec court’s decision to uphold municipal billboard ban called ‘surprising’ Guillaume Rousseau

Three of Canada’s biggest outdoor sign companies have six months to demolish dozens of billboards in a trendy Montreal borough after the Quebec Court of Appeal held that a municipal bylaw banning outdoor advertising panels represents a minimal infringement on freedom of expression. ... [read more]

Wednesday, October 16, 2019 @ 12:43 PM - Last Updated: Wednesday, October 16, 2019 @ 1:26 PM

Judges must give notice if banishment is part of sentence, say legal experts Toby_Goldbach_sm

Trial judges considering banishment as part of one’s sentence must ensure the offender has had the chance to make submissions about the “extreme and unusual” punishment of having to leave their community, says a lawyer of a Nunavut appeal involving domestic sex assault. ... [read more]

Wednesday, October 16, 2019 @ 9:36 AM

Alberta should tread lightly on farm protest legislation, legal observers say Peter Sankoff, University of Alberta faculty of law

The Alberta government has vowed to move forward with legislation aimed at protesters who trespass on farms, but legal experts are saying the government should be cautious in its approach as it may not withstand constitutional scrutiny. ... [read more]

Tuesday, October 15, 2019 @ 2:24 PM

First class action clinic seeks to address ‘unmet need,’ director says Jasminka Kalajdzic sm

The University of Windsor’s Faculty of Law is now home to Canada’s only class action legal clinic. The clinic’s director and Windsor law professor, Jasminka Kalajdzic, said the goal is to “build public confidence in the class action regime and better fulfil the access to justice of class actions.” ... [read more]

Tuesday, October 15, 2019 @ 12:45 PM

Nova Scotia Wellness Court hits 10 years Pamela_Williams_sm

Nova Scotia’s Wellness Court is now a decade old, and the judge presiding behind its flagship bench sees its success as helping pave the way for an increase in co-operative justice as an alternative to traditional forms of punishment. ... [read more]

Tuesday, October 15, 2019 @ 9:14 AM

‘Hierarchy based on expertise’ model changes way tax law firm works Peter Aprile sm

The Ontario Bar Association’s (OBA) new president, Colin Stevenson, who stepped into the role on Sept. 1, was inspired to make innovation the organization’s theme this year. This was motivated in part by the OBA’s innovator-in-residence, Peter Aprile, who, along with other legal professionals at Counter Tax, have undertaken a “hierarchy based on expertise” model at their firm. ... [read more]

Friday, October 11, 2019 @ 1:15 PM

Sentencing of woman as dangerous offender overturned by Ontario Court of Appeal

An Ontario judge committed a miscarriage of justice in 2012 when she deemed that a woman with mental, behavioural and cognitive challenges was a dangerous offender and should be imprisoned indefinitely, according to a recent Ontario Court of Appeal ruling.   ... [read more]

Friday, October 11, 2019 @ 8:49 AM

Dispute over will bequeathing family farm highlights importance of witness ‘credibility’: lawyer Taayo Simmonds sm

The Superior Court of Justice has ruled in favour of a plaintiff in a case involving a contested estate, which involved two drafts of a will. Counsel involved in the case said the decision highlights the importance of witness credibility. ... [read more]

Thursday, October 10, 2019 @ 3:59 PM

Judge makes ‘extraordinary’ advance costs order in land rights case

An Alberta Court of Queen’s Bench judge has ordered the federal government and Alberta’s government to pay advance legal costs in a land rights case, saying the First Nation involved would be forced to end its litigation if she did not. ... [read more]

Thursday, October 10, 2019 @ 9:54 AM

Canada’s courts inconsistent with new jury rules, lawyer says Breana_Vandebeek_sm

A recent decision around process in a New Brunswick murder case shows how Canada’s courts are divided over new rules for jury selection and applying them inconsistently as a result, says a lawyer involved. ... [read more]