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Wednesday, November 06, 2019 @ 11:43 AM

Bank encourages law firms to consider candidates for Patent for Startups program Josh Death sm

TD Bank has expanded its Patent for Startups program to assist cleantech companies, fulfilling a commitment to support a low-carbon economy. ... [read more]

Wednesday, November 06, 2019 @ 9:00 AM

Quebec Appeal Court provides guidance on constructive first-degree murder Julien Grégoire

A former Canadian Armed Forces soldier found guilty of constructive first-degree murder who argued that the verdict was unreasonable and that the trial judge erred by dismissing his motion for a directed verdict of acquittal lost his case before the Quebec Court of Appeal. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]

Tuesday, November 05, 2019 @ 11:18 AM

Ontario Appeal Court upholds lengthy prison sentence for ‘serial recidivist of driving offences’ Nicholas Charitsis

In a tight, eight-page ruling, the Ontario Court of Appeal has tersely tossed out a challenge by a “serious serial recidivist of driving offences” to reduce a 10-year sentence he received after being convicted last year of criminal negligence causing bodily harm and failing to stop at the scene of an accident knowing that, along with possessing a counterfeit mark (fake driver’s licence) and operating a motor vehicle while disqualified. ... [read more]

Tuesday, November 05, 2019 @ 8:51 AM

Legal coaching, unbundled services highlighted by panel on A2J for self-reps (L-R) Tami Moscoe, Joel Miller, Heather Hui-Litwin, Noel Semple, Janis Criger

Legal coaching and unbundled services as a means to improve access to justice for self-represented litigants were lauded by panelists at an Access to Justice event on Oct. 29 at the Law Society of Ontario (LSO). The panel also tackled the role of the regulator and decision-makers in assisting self-reps through a system geared towards lawyers. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Monday, November 04, 2019 @ 11:15 AM

B.C. law society moves forward with ‘proactive’ law firm regulation program

The Law Society of British Columbia (LSBC) has approved a plan for law firms across the province to complete a self-assessment exercise aimed at ensuring the firms have policies and procedures in place that will ideally flag problems before they affect clients or lead to complaints. ... [read more]

Monday, November 04, 2019 @ 8:43 AM

Judge denies class action certification over Equifax data breach

A class action suit that sought compensatory and punitive damages against credit-reporting company Equifax Inc. following a massive global data breach that affected more than 143 million people worldwide, including 19,000 Canadians, was refused certification after Quebec Superior Court held that Quebec law does not recognize compensatory damages for data breaches. ... [read more]

Friday, November 01, 2019 @ 12:48 PM

Inadmissible evidence, improper submission to jury results in new trial for woman convicted of murder

The issue of trial fairness underscores a recent New Brunswick Court of Appeal decision that overturned a first-degree murder conviction in the 2015 death of an 18-year-old man. In Shephard v. R. 2019 NBCA 76, which was released on Oct. 24, the province’s high court held that “the trial judge committed various errors of law in his charge to the jury and in allowing the jury to hear and consider inadmissible and highly prejudicial evidence.” ... [read more]

Friday, November 01, 2019 @ 9:24 AM

Time for Supreme Court to revisit issue of rights for non-citizens, lawyers say Lorne Waldman

The Federal Court of Appeal has ruled the Charter did not apply when looking at the cases of two permanent residents who were ordered to be deported due to their criminal history, a decision that may find itself before the Supreme Court as legal experts are saying it is time to take a fresh look at the constitutional rights of non-citizens. ... [read more]