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Friday, November 23, 2018 @ 12:45 PM

Auto insurance changes ‘Christmas list’ for industry: B.C. trial lawyers John Rice, TLABC secretary/treasurer

British Columbia’s decision to classify psychiatric issues and mild concussions as minor under new automobile insurance regulations is being called troubling by members of the B.C. bar, adding that recent changes at the provincially owned insurance provider are reducing individuals’ chances to have their issues properly addressed. ... [read more]

Friday, November 23, 2018 @ 11:39 AM - Last Updated: Friday, November 23, 2018 @ 5:54 PM

SCC sheds light on unjust enrichment, constructive trust in case involving 2 wives, 1 insurance policy Justice Suzanne Côté

The Supreme Court has overturned the Ontario Court of Appeal to allow 7-2 the unjust enrichment claim of a first wife who saw the proceeds of her late husband’s $250,000 life insurance policy go to his second spouse, even though the first wife paid the policy premiums for 13 years on the understanding she would collect. ... [read more]

Friday, November 23, 2018 @ 8:29 AM - Last Updated: Friday, November 23, 2018 @ 9:36 AM

Toronto Lawyers Association, law firms rush to Pro Bono Ontario’s aid to keep help centres open Dirk Derstine 2018 sm

An outpouring of support from the legal profession has made a difference at Pro Bono Ontario (PBO), as the organization expects the Law Help Centres, in danger of closing on Dec. 14, will remain open in the short term until more sustainable funding can be secured. ... [read more]

Thursday, November 22, 2018 @ 12:36 PM

Appeal Court increases man’s sentence for robbery, maintains high bar for exceptional circumstances

A Manitoba court’s decision to send a robber back to jail for additional time speaks to judges’ concerns with expected rehabilitation and good behaviour being seen as “exceptional circumstances” and resulting in unjustifiably light sentences, says a legal scholar. In a 2-1 decision, the Court of Appeal of Manitoba increased a lower court’s sentence of Jamie Dalkeith-Mackie from seven months to 20 for robbing a convenience store.  ... [read more]

Thursday, November 22, 2018 @ 12:18 PM

Lawyer aims to clear up ‘misconceptions’ of online defamation David_Crerar_sm

Think before you retweet, be mindful of what others post to your Facebook and stick to the facts when criticizing a service provider online, says a lawyer set to lecture on defamation. Vancouver’s David Crerar, a partner with Borden Ladner Gervais, will use a Nov. 29 webinar to take participants through the ins and outs of online defamation and provide tips on advising clients to use care when taking to the vast sweep of social media to voice criticism. ... [read more]

Thursday, November 22, 2018 @ 9:45 AM

Decision not to fund Ryerson’s proposed law school short-sighted, lawyer says Omar Ha-Redeye sm

The Ontario government has not approved funding for Ryerson University’s proposed law school, citing a high probability of unemployment in the legal field and an excess of students looking for articling positions as reasons for its rejection on Nov. 20. ... [read more]

Wednesday, November 21, 2018 @ 5:31 PM

Ottawa moves to cut business taxes and red tape, boost corporate integrity in economic update

Federal Finance Minister Bill Morneau has announced three new tax changes of note to the bar, including accelerated depreciation for new business investments in capital assets, along with more funding for the federal Public Prosecution Service of Canada (PPSC), and the introduction next year of the first Annual Regulatory Modernization Bill that will update federal regulatory requirements while removing those deemed outdated or duplicative. ... [read more]

Wednesday, November 21, 2018 @ 11:41 AM

U of T launches largest bursary-focused campaign in Canada; remains most expensive law school in country University of Toronto Faculty of Law

The cost of a legal education is increasing and may become out of reach for many students. The University of Toronto’s Faculty of Law is looking to make sure that doesn’t happen — by asking donors to contribute $30 million to the cause. This fall Canada’s most expensive law school officially launched the Campaign for Excellence without Barriers to help students afford law school and to enhance their learning experience while there. ... [read more]

Wednesday, November 21, 2018 @ 9:51 AM

Judge charges Ontario is breaching its constitutional duty; courtroom crunch thwarts timely trials, access to justice

A senior judge’s scathing public denunciation of successive Ontario governments’ failure to provide enough courtrooms in Peel Region could be a sign of things to come as judicial leaders across Canada struggle to combat court delays traceable to government-imposed budgetary restrictions that often leave the judicial branch unable to deliver efficient and accessible justice to the public. ... [read more]

Tuesday, November 20, 2018 @ 2:24 PM

Federal Court clarifies refugee appeal tribunal’s power Cheryl Robinson

In a consequential decision that could preview a ruling from the Supreme Court of Canada on an administrative law case coming before it in December, the Federal Court recently held that the Immigration and Refugee Board (IRB) of Canada’s appeal division is taking the wrong approach to review certain determinations made by the lower tribunal, the Refugee Protection Division (RPD). ... [read more]