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Wednesday, August 21, 2019 @ 2:43 PM - Last Updated: Wednesday, August 21, 2019 @ 3:47 PM

SNC-Lavalin report shows need for strict protocols for politicians’ interactions with AG in prosecutions Mario Dion

The attorney general — and only the attorney general — may decide if overruling the Director of Public Prosecutions (DPP) in a criminal prosecution is in the “public interest” — even if the prime minister and senior government officials question the AG’s due diligence and motives, or believe she otherwise failed to properly assess the public interest. ... [read more]

Wednesday, August 21, 2019 @ 9:57 AM

Federal Court of Appeal dismisses Air Canada pilots’ challenge in mandatory retirement case Michael Lynk, Western University faculty of law

A number of Air Canada pilots have lost their bid to have the company’s former mandatory retirement policy declared discriminatory, with a legal observer saying the decision raises not only technical issues on dismissals of complaints by adjudicative bodies, but also demonstrates how Canadian courts have been lacking in dealing with the issue of age-related discrimination. ... [read more]

Tuesday, August 20, 2019 @ 12:17 PM

Negligent parenting allegation does not trigger auto insurance coverage, court rules

An Ontario court has struck a “mortal blow” to negligent parenting allegations being used in auto insurance claims where there is no link to operation of the vehicle, says a lawyer. The Aug. 14 Ontario Appeal Court decision in Hunt v. Peel Mutual Insurance Company 2019 ONCA 656 involves an appellant’s unsuccessful attempt to have his girlfriend’s insurance company defend him against a lawsuit by his daughter ... [read more]

Tuesday, August 20, 2019 @ 9:29 AM

Consultation in fisheries case requires meaningful two-way dialogue: Federal Court of Appeal Lisa Glowacki, Ratcliff & Company LLP

The Federal Court of Appeal has overturned a decision denying a B.C. First Nation’s attempt to get its allocation of sockeye salmon substantially increased, saying a lower court misinterpreted its request and incorrectly found the government’s need to engage with the nation was on the lower end of the consultation spectrum. ... [read more]

Monday, August 19, 2019 @ 10:45 AM

Feds providing funding for University of Alberta initiative on Indigenous law Hadley Friedland, University of Alberta faculty of law

A project at the University of Alberta aimed at the revitalization of Indigenous law and governance has received a boost from the federal government. ... [read more]

Monday, August 19, 2019 @ 9:42 AM

Some bar groups leery of top judge’s idea that appellate nominees face public scrutiny Richard Wagner

Chief Justice of Canada Richard Wagner believes introducing appellate court nominees to the public would bolster confidence in the judiciary — but he’s not advocating any particular method of doing so, his office tells The Lawyer’s Daily. ... [read more]

Friday, August 16, 2019 @ 11:01 AM

Canadian Judicial Council asks top court to settle whether discipline body subject to judicial review Norman_Sabourin

The contentious question of whether the disciplinary actions of the Canadian Judicial Council (CJC) can be judicially reviewed for procedural fairness has landed on the steps of the highest court in the land — where two of nine judges won’t play a role in the outcome. ... [read more]

Friday, August 16, 2019 @ 8:47 AM - Last Updated: Monday, August 19, 2019 @ 1:17 PM

Prison needle exchange program will out drug users, advocate says Richard_Elliot_sm

A lack of inmate confidentiality in Canada’s prison needle exchange program will discourage prisoners from participating and “strikes at the heart” of having an effective health initiative, says a critic. ... [read more]

Thursday, August 15, 2019 @ 12:10 PM

B.C. pro bono organization takes over lawyer referral service CBABC executive director Kerry L. Simmons

B.C.’s Lawyer Referral Service (LRS) is under new management. With funding from the Law Foundation of B.C., the Canadian Bar Association, B.C. Branch (CBABC) has operated the LRS for over 60 years, providing the public an opportunity to have an initial consultation with a lawyer about their concerns. ... [read more]

Thursday, August 15, 2019 @ 9:42 AM

Federal Court awards compensation to Rogers in file sharing case Andrew Bernstein, Torys LLP

The long journey of a number of film production companies in seeking compensation from alleged copyright infringers has taken yet another step after the Federal Court has finally awarded costs to Rogers Communications for finding the information the companies were seeking, at a level far above what they thought the communications giant was entitled to. ... [read more]