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Thursday, September 05, 2019 @ 11:45 AM

SCC alumni’s role in legal controversies sparks new debate over ex-judges’ return to practice Amy Salyzyn

Is it in the public interest for former Supreme Court of Canada justices to be allowed to provide legal services to governments or other well-heeled clients facing public controversies that could arguably blow back on the reputations of the ex-judges’ former courts or otherwise harm public confidence in the judiciary? ... [read more]

Thursday, September 05, 2019 @ 9:23 AM

Time to change ‘unwelcome’ conduct requirement in sexual harassment cases: UBC report Bethany Hastie, UBC School of Law

A report out of the University of British Columbia is recommending changes in the way human rights bodies look at sexual harassment cases. The study, written by UBC law professor Bethany Hastie, analyzes workplace sexual harassment decisions by the Ontario and B.C. Human Rights Tribunals from 2000 to 2018. ... [read more]

Wednesday, September 04, 2019 @ 11:21 AM

New online tool for parenting plans avoids cost, conflict: B.C. legal services society Jamie Gillespie, Tyler Technologies

Putting together a parenting plan in B.C. has gotten a bit easier. The provincial Legal Services Society's (LSS) MyLawBC Family Resolution Centre is now allowing parents to craft their plan online. ... [read more]

Wednesday, September 04, 2019 @ 9:43 AM

Public wants judges to engage, be more open about justice system, their roles, work: CJC consultation Richard Wagner

Most Canadians believe judges should “proactively exchange with the general public on questions relating to the justice system and their work” — and should actively seek out opportunities to do so, according to feedback received by the Canadian Judicial Council (CJC) during its recent public consultation on new ethical guidelines for the federal judiciary. ... [read more]

Tuesday, September 03, 2019 @ 11:10 AM

Commercial lender won’t get woman’s home, ‘undue influence’ in agreement, court finds Jonathan_Collings_sm

Lenders demanding collateral must be “wary” of borrowers in “special relationships” and find out if legal counsel has been obtained by all involved, says a lawyer after an Ontario ruling that a woman will not lose her family home due to her husband defaulting on a business loan.   ... [read more]

Tuesday, September 03, 2019 @ 9:14 AM

Quebec allows only two legal parents on birth certificate, not three as elsewhere, rules Court of Appeal Robert Leckey

A child in Quebec can legally have only two parents named on a birth certificate but that does not preclude a third person from parenting, the Quebec Court of Appeal has ruled. In a ruling that underscores the need for legislators to pay heed to societal changes, the Court of Appeal confirmed the “sharp” distinction between who is a legal parent by virtue of filiation and who may exercise parental authority ... [read more]

Friday, August 30, 2019 @ 12:01 PM

Ontario Court of Appeal ruling in drug case ‘a strong statement denouncing racial profiling,’ lawyer says Michael Spratt

Police cannot rely on race in any way to arrest or detain someone, the Ontario Court of Appeal has ruled. In R. v. Dudhi 2019 ONCA 665, released on Aug. 22, the court held that the trial judge erred by improperly assessing appellant Rusheed Dudhi’s claim that he was racially profiled by police and quashed his conviction of possessing cocaine for the purpose of trafficking along with a related breach of recognizance conviction for possessing those narcotics. ... [read more]

Friday, August 30, 2019 @ 9:10 AM

Constitutional challenge to B.C. family law legal aid moving forward Raji Mangat, West Coast LEAF

A lawsuit arguing British Columbia has a constitutional responsibility to ensure access to the justice system for women who are fleeing violent relationships or face ongoing abuse from ex-spouses will soon have its day in court. On Aug. 23, B.C. Supreme Court Chief Justice Christopher Hinkson ruled against the B.C. government and the provincial Legal Services Society (LSS) in their attempts to dismiss the suit as having no reasonable claim ... [read more]

Thursday, August 29, 2019 @ 12:31 PM

Court approval of $1.5 billion-plus compensation, fees of $62 million has new twists for ‘mega fund’ cases Michael Phelan

The Federal Court’s recent approval of a $1.47 billion-plus settlement — and up to $62 million for the ongoing legal work of Gowling WLG, the law firm exclusively handling the national Indian day schools class action — provides some new twists in “mega fund” cases, including in the area of compensation for legal counsel. ... [read more]

Thursday, August 29, 2019 @ 9:37 AM

Voluntary SOP has future in Ontario, says group of law society’s diversity initiative

An organizer for a group advocating to preserve the controversial Statement of Principles issued by the Law Society of Ontario (LSO) is confident some form of the diversity initiative will remain intact for the future. ... [read more]