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Monday, October 28, 2019 @ 9:45 AM

Social context informs application of precedent in arbitration cases, Alberta Appeal Court says Jonathon Ward

The Alberta Court of Appeal has overturned a lower court’s decision to uphold the reinstatement of a City of Calgary employee who was accused of touching and squeezing a colleague’s breast, saying, while arbitral awards are due deference by courts, it does not preclude judges from probing facts when coming to a decision. ... [read more]

Friday, October 25, 2019 @ 5:16 PM

SCC refuses to stay Quebec divorce action in case involving competing divorce claims in Belgium

In a Quebec divorce case involving a wealthy couple with competing matrimonial property claims in Quebec and Belgium, the Supreme Court of Canada has 6-1 refused to stop the Quebec court from proceeding with the case, in a judgment which provides guidance on the scope and application of the international lis pendens exception under Quebec’s private international law (PIL). ... [read more]

Friday, October 25, 2019 @ 12:25 PM

NS Crown attorneys walk out, premier deems action illegal

Crown attorneys in Nova Scotia have walked off the job. Now the provincial government is striking back. The Oct. 23 walkout, which Nova Scotia Premier Stephen McNeil is calling an “illegal strike action,” came swiftly in response to the government bringing forward new legislation that takes away Crown attorneys right to arbitration and gives them the right to strike instead. ... [read more]

Friday, October 25, 2019 @ 9:07 AM

Twitter town hall to explore access to justice in B.C. B.C. Chief Justice Robert Bauman

A pair of B.C. judicial heavyweights will be lending their voice to the conversation about access to justice Mon., Oct. 28 as the provincial court hosts a Twitter town hall to discuss the challenges and opportunities facing the justice system in the province. ... [read more]

Thursday, October 24, 2019 @ 1:39 PM

Committee recommends raising Quebec Crowns’ salary by nearly 14 per cent over four years Sonia LeBel

The Quebec government’s resolve to establish harmonious labour relations with its Crown prosecutors will be put to the test after the National Assembly received a report by a special committee that made a slew of recommendations to improve their labour conditions. ... [read more]

Thursday, October 24, 2019 @ 9:39 AM - Last Updated: Thursday, October 24, 2019 @ 10:49 AM

Investment in access to justice more than pays for itself, report finds Lisa Moore

Every dollar governments spend on programs and services that improve access to justice generates financial benefits equivalent to between $9 and $16, according to a review of research conducted by the Toronto-based Canadian Forum on Civil Justice (CFCJ). “I didn’t expect to find such a high return — it’s really significant,” said Lisa Moore, director of the non-profit organization, who co-authored the report with Osgoode Hall Law School professor Trevor Farrow. ... [read more]

Wednesday, October 23, 2019 @ 12:10 PM

Alberta legislation aimed at combating domestic violence problematic, say legal experts Jennifer Koshan, University of Calgary faculty of law

A bill that would allow individuals to obtain the criminal records of their romantic partner is currently winding its way through the Alberta legislature, but some legal observers are raising concerns that it may lead to “victim blaming” and perhaps even run afoul of the Charter. ... [read more]

Wednesday, October 23, 2019 @ 9:51 AM

Natural justice must be served in foreign divorces, Ontario Court of Appeal affirms Ruslana Korytko

Determining the legitimacy of a foreign divorce must always consider process as much as jurisdiction, the Ontario Court of Appeal affirmed in a decision released on Oct. 16. ... [read more]

Tuesday, October 22, 2019 @ 12:58 PM

SCC leaves open question about jury unanimity in B.C. sexual assault case Andromache Karakatsanis

The Supreme Court of Canada has reinstated the conviction of a B.C. man charged with sexual offences against his niece but said it would “leave for another day” whether the issue of prosecutors drafting a single count to capture multiple incidents passes constitutional muster. ... [read more]

Tuesday, October 22, 2019 @ 9:05 AM

SCC’s Gascon encourages lawyers and judges to talk openly about anxiety, depression Exclusive

Judges of the Supreme Court of Canada are legal icons, so it’s easy to forget that they are human beings and struggle with the same afflictions as the rest of us. That’s why retired Justice Clément Gascon’s decision to reveal that he lives with anxiety and depression has been so salutary for the legal profession’s awareness of, and efforts to destigmatize, the mental health challenges so many lawyers and judges face. ... [read more]