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Thursday, October 25, 2018 @ 12:00 PM

Top judge warns of ‘worrying trend’ of incivility on bench, urges judges to lead by example, avoid personalized attacks Richard Wagner

Canada’s top judge is warning that the Canadian judiciary is not immune from the “excesses and loss of control” that too often infect public discourse, and which are also reflected in some vitriolic judicial opinions emanating from south of the border. ... [read more]

Thursday, October 25, 2018 @ 9:28 AM

B.C. Court of Appeal decision could have chilling effect on wrongful dismissal actions: lawyer

A B.C. woman has had an award of damages in a wrongful dismissal case overturned after the province’s Court of Appeal ruled her treatment did not rise to a level where compensation for aggravated damages was warranted, and her lawyer says he is concerned the effect the decision could have on people in similar situations. ... [read more]

Wednesday, October 24, 2018 @ 12:01 PM

Manitoba wrong to ban all cannabis from courthouses: lawyer Abby_Deshman_sm

Manitoba is being discriminatory in its “blanket” ban of all cannabis in its courthouses, says a lawyer with the Canadian Civil Liberties Association (CCLA). Abby Deshman, director of the CCLA’s criminal justice program, takes particular issue with the part of Manitoba’s court policy that bans medical marijuana along with the recreational kind, which was legalized nationally on Oct. 17. ... [read more]

Wednesday, October 24, 2018 @ 9:27 AM

Justice Côté goes own way in almost 40% of cases but her SCC admin law dissents push the court TLD Exclusive

When the Supreme Court zigs, this judge zags. As she closes in on her fourth anniversary at the top court Dec. 1, Justice Suzanne Côté, a former star civil litigator from Montreal, is staking her claim to the “great dissenter” mantle worn most recently by several of her predecessors from Quebec, Marie Deschamps, Morris Fish and Claire L’Heureux-Dubé. ... [read more]

Tuesday, October 23, 2018 @ 1:14 PM

Judge erred in dismissing Indigenous man’s constitutional claim on child support: Ontario Court of Appeal Nicholas Bala, Queen's University Faculty of Law

An Indigenous man arguing his child support case should be determined by the traditional legal structures of his people will get another chance to argue his case before a judge after the Ontario Court of Appeal unanimously ruled a lower court erred by dismissing his claim before giving him more time to develop his arguments and by saying he lacked standing to make them. ... [read more]

Tuesday, October 23, 2018 @ 9:34 AM

Report shows very few Canadians can fully access legal system: author Trevor C.W. Farrow, Osgoode Hall Law School

Accessing the legal system is taking a large bite out of average Canadians’ bottom lines and is adding extensive cost to social programs, according to a new report from a think tank dedicated to civil justice reform. The Canadian Forum on Civil Justice (CFCJ) released its survey data report on “Everyday Legal Problems and the Cost of Justice in Canada” earlier this month, as part of its larger “Cost of Justice” series. ... [read more]

Monday, October 22, 2018 @ 12:15 PM

Court’s decision sends ‘clear message’ not to downplay seriousness of sexual assault: lawyer Amanda Montague-Reinholdt sm

The Federal Court of Appeal has allowed an application for judicial review of grievances against the Canadian Border Services Agency (CBSA) brought by a border services officer who was sexually harassed and assaulted by a co-worker. The decision is significant, counsel for the applicant said, as it confirms language used to describe sexual harassment matters.     ... [read more]

Monday, October 22, 2018 @ 9:26 AM

McGill study of young, high drivers doesn’t address problems with roadside cannabis limits, lawyers say Michael_Engel_sm

Defence lawyers are questioning the merits of a recent study finding “significant impairment” among young drivers after inhaling marijuana, saying it fails to address issues with the “per se” legal limits. This is how some are reacting to a study out of Montreal’s McGill University, which found young drivers to be at a higher risk of auto collision up to five hours after being given a 100 mg dose of cannabis through a vaporizer. ... [read more]

Friday, October 19, 2018 @ 5:39 PM

SCC decides breathalyzer and sex assault appeals from the bench Richard Wagner

The Supreme Court of Canada has rendered noteworthy judgments from the bench in separate impaired driving and sexual assault appeals that both attracted interveners. On Oct. 15, Chief Justice Richard Wagner allowed, 8-1 from the bench, with reasons to follow, the Quebec Crown’s appeal from an important decision of the Quebec Court of Appeal last year. ... [read more]

Friday, October 19, 2018 @ 2:29 PM

SCC sheds light on ‘care, custody & control’ exclusion clause in Quebec commercial liability insurance contract Clément Gascon

The Supreme Court of Canada has 9-0 overturned a Quebec Court of Appeal ruling which relied on a standard liability exclusion clause in that province’s insurance contracts to reject a hotel’s insurance claims in respect of two guest cars stolen from the hotel’s “park and fly” parking lot. On Oct. 19, Justice Clément Gascon (Justice Malcolm Rowe concurring) ruled that the Appeal Court shouldn’t have interfered with the decision of the Court of Quebec judge below ... [read more]