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Wednesday, January 09, 2019 @ 6:24 AM - Last Updated: Wednesday, January 09, 2019 @ 11:44 AM

Incoming Alberta law society president-elect highlights articling, access to justice as challenges Kent Teskey, Alberta Law Society president-elect

The incoming president-elect of the Law Society of Alberta is looking to address rapid change in the legal profession and ensuring lawyers are properly trained to meet modern challenges after he takes on the mantle of leadership in February. Kent Teskey of Edmonton’s Pringle Chivers Sparks takes over from current president-elect Rob Armstrong in February and then takes the top job in 2020. He has served as a bencher since 2015. He said he decided to seek the top job after becoming involved in the legal aid system in Alberta, in which the law society has a governance role. ... [read more]

Tuesday, January 08, 2019 @ 6:45 AM

P.E.I.’s Water Act something to watch, lawyer says Lisa_Mitchell_sm

Prince Edward Island is on the cusp of having new water protection laws in force — and the rest of Canada should take heed, says an environmental lawyer. With P.E.I.’s new Water Act having received royal assent, public consultation and review and approval of the Act's regulations is now all that stands in the way of it governing how water is managed on the island province ... [read more]

Tuesday, January 08, 2019 @ 6:33 AM

Ontario court deems Uber’s mandatory arbitration clause ‘unconscionable’ Danielle Stampley sm

The Ontario Court of Appeal has reversed a lower court decision in a proposed class action against Uber. The court determined that the company’s arbitration provision, which sends matters for arbitration to the Netherlands, represents an “unfair bargain” and is “unconscionable.” In Heller v. Uber Technologies Inc. 2019 ONCA 1, the court heard that the appellant, David Heller, is licensed to use the Uber Driver App so he can deliver food to people in Toronto. Heller launched a proposed class action against Uber Technologies Inc. on behalf of any person, since 2012, who has worked, or continues to work, for Uber in Ontario as a partner or independent contractor. ... [read more]

Monday, January 07, 2019 @ 7:06 AM

Appeal Court upholds exclusion clause despite incorrect application by trial judge

The B.C. Court of Appeal has ruled that a lower court judge incorrectly broadened an exclusion clause in denying a life insurance payout to the estate of a known drug dealer, but held the clause applied anyway as the “inescapable inference” was that the man was selling drugs at the time of his death. ... [read more]

Monday, January 07, 2019 @ 7:02 AM

Privacy watchdog will assess planned StatsCan questions on sex, gender, lawyer says Chantal_Bernier_sm

Statistics Canada’s planned test census involving must-answer questions around gender and sex hinges on the nation’s privacy czar determining if such probing is “necessary in a free and democratic society,” says a former privacy commissioner. Chantal Bernier, now an Ottawa-based lawyer with Dentons, says the Office of the Privacy Commissioner (OPC) is no doubt taking a close look at the StatsCan initiative, which is set to be sent to approximately 250,000 households in May ... [read more]

Friday, January 04, 2019 @ 10:23 AM

Court provides clarity in disclosure obligation, certiorari relief in speeding ticket case Chris Bendick sm

A “mundane” charge for speeding has worked its way up to the Ontario Court of Appeal, where the province’s top court ruled that excerpts from speed measuring device manuals that contain testing and operating procedures are subject to first party disclosure obligations. ... [read more]

Friday, January 04, 2019 @ 8:51 AM

One-of-a-kind university course will explore ‘green rights’ Silver Donald Cameron

This month students at Cape Breton University will be joined by classmates at the University of British Columbia — and both campuses will be joined by lawyers, paralegals, environmentalists and more — for the inaugural offering of Political Science 3750, Green Rights: The Human Right to a Healthy World. The 12-module course is what is known in academia as a 3C program. Students can take the class for a credit following the traditional university path to a degree. A second option is to obtain a certificate for completion of the course. ... [read more]

Thursday, January 03, 2019 @ 10:54 AM

Changes to industrial design law put ‘Canadian businesses on par with international competitors’ Timothy Bourne

Canadians will now be able to obtain industrial design registrations in more 65 countries with a single international application following an extensive and significant overhaul to legislation and regulations that came into force at the beginning of November. ... [read more]

Thursday, January 03, 2019 @ 9:28 AM

Indigenous peoples often prefer to deal with conflict resolution within own communities, conference told Katherine Hensel sm

Approaches to conflict dispute resolution are different in the Indigenous family context and legal professionals need to educate themselves on cultural variances in order to ethically and effectively assist them, explained Katherine Hensel to attendees of the Family Dispute Institute of Ontario’s annual conference on family dispute resolution. ... [read more]

Wednesday, January 02, 2019 @ 10:52 AM

Educators wrestle with policies, proper accommodation for students with food allergies Blake Murdoch

Sneezing, itching and watery eyes are all symptoms of a food allergy. So is shortness of breath, swelling of the tongue and constriction of the throat. For three legal scholars at the University of Alberta, this spectrum of symptoms — from mild to life-threatening — raises important legal issues. ... [read more]