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Monday, November 11, 2019 @ 5:06 PM - Last Updated: Tuesday, November 12, 2019 @ 1:43 PM

Ontario Divisional Court warns family bar to cease routine leave apps which clog the court system Sheila Gibb

Ontario’s Divisional Court is telling family law lawyers to stop routinely applying for permission to appeal temporary support orders. That message was delivered loudly and clearly when the court recently took the extraordinary step of issuing reasons for dismissing Imran Khan’s bid to appeal a temporary spousal and child support order: Lokhandwala v. Khan 2019 ONSC 6346. ... [read more]

Monday, November 11, 2019 @ 10:46 AM

No ‘silver bullet’ to solve equity issues in legal profession, says Manitoba law society official Alissa Schacter, Manitoba Law Society Equity Officer and Policy Counsel

As the legal profession struggles with ensuring a more inclusive and open profession, Manitoba has established an equity officer to co-ordinate its efforts on equality and ensuring no one is subject to harassment and discrimination by a lawyer. But whereas the title may be unique to law societies in Canada, the officeholder says what she does is not. ... [read more]

Monday, November 11, 2019 @ 9:34 AM

Civil rights groups seek first-ever Supreme Court ruling on constitutionality of solitary confinement Jessica Magonet

Nearly five months ago, the British Columbia Court of Appeal held that indefinite, prolonged solitary confinement violates prisoners’ rights to life, liberty and security of the person under Charter s. 7, and the B.C. Civil Liberties Association (BCCLA) and the John Howard Society of Canada (JHSC), which were involved in that case, now seek a similar finding from the Supreme Court of Canada, which has yet to rule on the constitutionality of administrative segregation. ... [read more]

Friday, November 08, 2019 @ 3:57 PM

Court ‘quite clear’ that questioning accused on motivation to fabricate is ‘inappropriate,’ counsel says Mark Halfyard 2019 sm

The Ontario Court of Appeal has ordered a new trial for a man convicted of sexual interference and invitation to sexual touching, ruling that the trial judge erred by transforming the “absence of a proven motive to fabricate into a proven lack of motive.” Counsel for the appellant said the court is “signalling quite clearly” that it’s inappropriate for the Crown to ask an accused why a complainant “would make up an allegation.” ... [read more]

Friday, November 08, 2019 @ 12:40 PM - Last Updated: Friday, November 08, 2019 @ 4:50 PM

Offenders ‘generally’ don’t have to repay crime proceeds that were authorized to be spent on legal defence: SCC Sheilah Martin

In a major win for the defence bar and their clients, the Supreme Court of Canada has ruled 6-3 that sentencing judges generally should not order an offender to repay, by way of fine in lieu of forfeiture, the proceeds of crime that the accused has already spent, with court authorization, on his reasonable legal defence costs. ... [read more]

Friday, November 08, 2019 @ 8:51 AM

Expanding hate crime offences could send message, lawyer says Anne_Marie_McElroy_sm

Expanding hate crime provisions in the Criminal Code to include offences beyond incitement and promotion could serve as a greater deterrent for those looking to commit hate-based acts of assault, murder and vandalism, says one criminal lawyer. ... [read more]

Thursday, November 07, 2019 @ 1:59 PM

Labourers contracted by Rogers do not fall under ‘derivative jurisdiction,’ court rules

The Ontario Court of Appeal has upheld an Ontario Labour Relations Board decision that determined construction labourers who work on Rogers’ networks as third-party contractors do not fall under “derivative jurisdiction,” which would place them within federal jurisdiction. The court’s decision restored the order granting the labourers certification under a union. ... [read more]

Thursday, November 07, 2019 @ 1:30 PM

B.C. concerned with ‘constitutionalization’ of adversarial expert witness system B.C. Attorney General David Eby

British Columbia is considering whether to launch an appeal of a recent decision by the provincial Supreme Court which struck down a key pillar of its efforts to rein in costs at the government-owned automobile insurance provider. ... [read more]

Thursday, November 07, 2019 @ 9:27 AM

Federal Court greenlights class action against Ottawa by ex-military members alleging pension delays Adam Tanel

The Federal Court has certified a class action, estimated at $100 million or more, on behalf of ex-reserve members of the Canadian Armed Forces (CAF) who contend Ottawa illegally delayed their retirement benefits. ... [read more]

Wednesday, November 06, 2019 @ 1:02 PM

Group challenges new election rules on spreading false information Joanna_Baron_sm

A Canadian rights group wants struck down recently amended laws it maintains could lead to a “sword of Damocles” hanging over those who unknowingly spread false statements online during federal election campaigns. ... [read more]