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Monday, September 10, 2018 @ 3:18 PM

Judge blocks Ontario’s bid to cut Toronto council, municipalities closely watching, says lawyer John_Mascarin_sm

Some legal clout was given to municipalities across Canada when a judge on Sept. 10 decided it was too close to an election for Ontario’s premier to slash the number of councillors and wards in Toronto, says a lawyer. ... [read more]

Monday, September 10, 2018 @ 12:59 PM

B.C. Law Society seeking input on proposed fee reduction for public interest practitioners Richard Fowler, Fowler and Blok

The Law Society of British Columbia (LSBC) is holding a consultation on reducing fees for public interest practitioners, and some legal observers are saying it would be a good step in showing the law society is serious about its commitment to access to justice. ... [read more]

Monday, September 10, 2018 @ 9:02 AM

Calls for beneficial ownership registry grow as lawyers face new client ID, verification rules Denis Meunier

Legal regulators and others are putting more pressure on Ottawa to act quickly to create a central, publicly accessible beneficial ownership registry of corporations and some trusts in order to better fight money laundering, corruption, tax evasion, organized crime and the financing of terrorism. ... [read more]

Friday, September 07, 2018 @ 10:54 AM

‘New justice experience’ for Indigenous people in Nova Scotia Laurie Halfpenny MacQuarrie

When lawyers arrive for court each Wednesday in Wagmatcook, Cape Breton, they make their way down corridors lined with original works from three Indigenous artists, past signage in two languages, English and Mi’kmaw, and head to the courtroom in time for the opening Smudging ceremony. Then the lawyers take their seats — at a circular bench. Canada’s first Indigenous court is now in session in Wagmatcook First Nation. “This is unique in Canada,” said Judge Laurie Halfpenny MacQuarrie, who presides over the court. ... [read more]

Friday, September 07, 2018 @ 9:27 AM

Quebec Court of Appeal sides with title insurers in battle with bar, notaries Simon Potter

American-based title insurers do not practise law or provide legal opinions when drawing up, registering and discharging refinanced mortgages, the Quebec Court of Appeal held in a legal battle that pitted the insurers against the governing bodies of the Quebec legal and notary professions. In an Aug. 28 ruling that underscores the growing impact of technology on the legal profession, the Appeal Court decision also shed light over the reach of statutes that govern and grant a professional an exclusive right to practise. ... [read more]

Thursday, September 06, 2018 @ 11:15 AM

Court’s anti-SLAPP decision provides clarity, highlights public interest protection, lawyers say Cameron Fiske sm

The Ontario Court of Appeal has released six decisions relating to anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation in a move, counsel said, creates greater clarity for lawyers in defamation cases. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

Wednesday, September 05, 2018 @ 11:58 AM

Access to justice strikes chord with former opera singer turned lawyer Gerrit_Theule

As a professional opera singer, Gerrit Theule made a career out of playing the roles carved out for a bass baritone with a low F to an F above middle C range: priests, old men and lawyers. While playing lawyers didn’t prepare Theule for his subsequent career as a lawyer who started up his own practice as soon as he was called to the bar, his training as a professional musician did. ... [read more]

Wednesday, September 05, 2018 @ 9:27 AM

SCC fall session features landmark cases on standard of review and sexual assault Steven Mason

Judicial review, class actions and sexual assault cases dominate the Supreme Court of Canada’s fall session. From Oct. 10 to Dec. 14, the nine judges will hear 26 appeals (only 10 are criminal) on an eclectic docket that also features cases on bankruptcy, bail review, civil procedure, freedom of the press, labour law, search and seizure and tax. ... [read more]

Tuesday, September 04, 2018 @ 11:50 AM

Delay, ‘unusual circumstance’ cited as Labrador criminal case tossed

An “outlier” is how a senior Crown official in Newfoundland is describing a controversial small-town case where a judge stayed serious criminal charges due to delay and blamed it on the cutting of fixed circuit courts in out of the way parts of Labrador. This is what the province’s assistant director of Public Prosecutions Lloyd Strickland said about the decision by the provincial court of Newfoundland and Labrador in Happy Valley-Goose Bay to set free Davidee Ningeok, who had been charged with sexual assault, common assault and unlawful confinement. ... [read more]