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Friday, March 27, 2020 @ 9:26 AM

First Nations health service pensions under provincial jurisdiction, Federal Court of Appeal rules Michael Lynk, Western University faculty of law

The Federal Court of Appeal has ruled the pension plans of two First Nations health authorities in Saskatchewan are the responsibility of the province, despite arguments they should be under federal jurisdiction due to obligations on health care made by the Crown in treaties with Indigenous peoples. ... [read more]

Thursday, March 26, 2020 @ 4:57 PM

SCC to hear Toronto’s Charter challenge to Ford government’s downsizing of city council

The Supreme Court of Canada has agreed to hear Toronto city council’s challenge to the Ontario government’s controversial downsizing of the number of Toronto city wards in the midst of the 2018 municipal election. On March 26, the top court granted the city leave to appeal the Ontario Court of Appeal’s 3-2 decision last year which upheld the constitutionality of the Better Local Government Act, 2018 (Bill 5): Toronto (City) v. Ontario (Attorney General) 2019 ONCA 732. ... [read more]

Thursday, March 26, 2020 @ 2:46 PM

Ontario court clarifies when provincial trusts will be upheld in insolvency proceedings Jeremy Sacks

Ontario contractors have often been out of luck to collect monies owed to them during insolvency proceedings, despite provincial legislation that ensures that doesn’t happen. Under subsection 9(1) of Ontario’s Construction Act, when an owner sells a property and trade contractors have not been paid for their work, the net proceeds from the sale — following payment to discharge any existing mortgage — flow into a trust fund for the contractors. ... [read more]

Thursday, March 26, 2020 @ 9:30 AM

COVID-19 considered ‘material change’ by Ontario court in bail review Ines_Gavran_sm

A decision from the Ontario Superior Court of Justice has noted COVID-19, and the risk of spread in the province’s prisons, as a “material change” in circumstances when considering a bail review application. In R. v. J.S. 2020 ONSC 1710, Justice Jill Copeland acknowledged the risk to inmates during the COVID-19 pandemic when granting bail to the applicant, J.S. ... [read more]

Wednesday, March 25, 2020 @ 3:55 PM - Last Updated: Thursday, March 26, 2020 @ 9:21 AM

New mandatory quarantine for inbound travellers; Lametti certifies C-13 is Charter-compliant David Lametti

Hours before Ottawa announced a sweeping mandatory 14-day quarantine of travellers (except essential workers) arriving from abroad, effective midnight March 25, Justice Minister David Lametti gave his constitutional blessing to the federal government’s $107 billion COVID-19 financial relief legislation (Bill C-13). ... [read more]

Wednesday, March 25, 2020 @ 2:06 PM

Fines for not social distancing make sense, but clarity needed, says Nova Scotia scholar Wayne_MacKay_sm

Fining Nova Scotians who do not practise social distancing is a worthwhile tool in fighting the spread of COVID-19, but clarity is needed for everyone as to what situations would be exceptions to the rule, says a legal mind. ... [read more]

Wednesday, March 25, 2020 @ 10:40 AM - Last Updated: Wednesday, March 25, 2020 @ 4:38 PM

COVID-19 relief bill gets royal assent; wage subsidies boosted to $52 billion from $27 billion  Bill Morneau

After hours of negotiations between the Trudeau government and opposition parties, the House of Commons and Senate passed on March 25 (with significant changes from its initial draft form) the COVID-19 Emergency Response Act. ... [read more]

Wednesday, March 25, 2020 @ 9:48 AM

CSA’s equity crowdfunding proposals unlikely to draw more investors: securities lawyers Geoffrey_Cher_sm

A proposal by Canadian securities regulators to make equity crowdfunding more appealing for startups and investors has drawn lukewarm praise from securities lawyers. ... [read more]

Tuesday, March 24, 2020 @ 3:42 PM

B.C. moves to protect jobs of people affected by COVID-19 B.C. Minister of Public Safety and Solicitor General Mike Farnworth

Workers in British Columbia can rest a little easier after the provincial government passed a bill to give greater protection to individuals who cannot work due to the fallout of the COVID-19 pandemic. ... [read more]

Tuesday, March 24, 2020 @ 3:07 PM

Luck of draw still key element in deciding judicial review for refugee claims: study Sean Rehaag

A study published in the Queen’s Law Journal in 2012 concluded that for individuals seeking a judicial review of refugee determinations the outcome frequently comes down to luck of the draw. That study, conducted by Sean Rehaag, the director of York University’s Centre for Refugee Studies, has now been replicated by the Osgoode Hall law professor. The findings: unchanged. ... [read more]