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Friday, June 22, 2018 @ 10:18 AM

Fantasy Courts asks players to predict how the Supreme Court will rule Thomas Slade

Forget basketball brackets, hockey pools and fantasy sports. Now Canadians can demonstrate their superior knowledge of Supreme Court decisions in an online fantasy court challenge. ... [read more]

Friday, June 22, 2018 @ 9:21 AM

Securities regulators looking to regulate risky derivatives market Fraser McDonald, Allen McDonald Swartz LLP

The oversight body for Canada’s securities regulators has outlined a proposal to increase transparency in the risky derivatives market, a move that an observer says is long overdue. The Canadian Securities Administrators (CSA) announced June 14 it was holding a consultation period on its proposed instrument to establish a business conduct regime for regulating dealers and advisers in over-the-counter (OTC) derivatives in Canada. ... [read more]

Friday, June 22, 2018 @ 8:03 AM

TWU ruling sheds light on religious freedom, administrative law but some questions left unresolved Eugene Meehan

What do we know about the law that we didn’t know before the Supreme Court of Canada rendered its much-anticipated companion rulings in the landmark Trinity Western University case on June 15? Lawyers and academics expect to be sifting answers for some time from what the top court had to say in its three concurring (and one dissenting) opinion in each of Trinity Western University v. Law Society of Upper Canada 2018 SCC 33 and Law Society of British Columbia v. Trinity Western University 2018 SCC 32. ... [read more]

Thursday, June 21, 2018 @ 2:56 PM - Last Updated: Friday, June 22, 2018 @ 7:47 AM

Random breath testing coming to Canada Dec. 18; counsel foresee Charter attacks ‘very early on’ Michael Spratt

Despite constitutional warnings from many law groups and senators, random breath testing (RBT) will come to Canada in 180 days — just in time for the holidays. On June 21 Gov. Gen. Julie Payette gave royal assent to the Trudeau government’s signature bill legalizing recreational cannabis use (Bill C-45 — which comes into force Oct. 17), along with its companion drug-and-alcohol-impaired driving bill (Bill C-46). ... [read more]

Thursday, June 21, 2018 @ 11:21 AM

B.C. decision offers clarification of Saputo test, how it applies to presumptions on undue influence Randall Kaardal, Hunter Litigation Chambers

The B.C. Court of Appeal has ruled a lower court judge incorrectly weighed evidence in making a determination on whether a complaint in an estate case was a triable issue, saying proving undue influence in the making of a will is difficult and can be established through circumstantial evidence. ... [read more]

Thursday, June 21, 2018 @ 9:24 AM

Questioning of complainant’s ‘sexual activity’ must be allowed in assault case, court rules Jonathan Dawe sm

The Ontario Court of Appeal has ordered a new trial in a sexual assault case as it determined the appellant was denied the opportunity to ask “relevant questions” about the complainant’s sexual activity to assist in his defence. In R. v. R.V. 2018 ONCA 547 the court heard that the appellant, known on the record as R.V., and the complainant are cousins. According to court documents, the parties’ extended family was camping on the Canada Day long weekend in 2013 when the alleged sexual assault took place. ... [read more]

Wednesday, June 20, 2018 @ 1:28 PM

N.L. polyamory parenting decision puts children first, lawyers say Jodi_Lazare_sm

An unusual court decision declaring two men as parents to a child born into a polyamorous relationship with a woman drives home the justice system’s precept of doing what’s best for children and furthers its attempts to keep up with changing familial realities, experts say. ... [read more]

Wednesday, June 20, 2018 @ 9:39 AM - Last Updated: Wednesday, June 20, 2018 @ 12:37 PM

McLachlin will advocate for Office of JAG in new role as CAF’s ‘honorary captain (Navy)’ Geneviève Bernatchez and Beverley McLachlin

From “yes, my lady” to “aye, aye captain” — Beverley McLachlin, former chief justice of Canada, is adding another to her new roles, which already include bestselling Canadian novelist, Hong Kong Supreme Court judge, and now honorary captain (Navy) of the Office of the Judge Advocate General (JAG). ... [read more]

Wednesday, June 20, 2018 @ 9:20 AM

Orders in decade-old divorce set aside as appellant submits fresh evidence on mental health Patrick Kraemer sm

The Ontario Court of Appeal has set aside an order on equalization and support in a divorce proceeding that’s over 10 years old as the appellant’s history of mental illness kept her from attending the trial and motion that took place many years ago. The court described the circumstances in this case as “highly unusual” and ordered a new trial. ... [read more]

Tuesday, June 19, 2018 @ 12:44 PM

Indigenous students from Newfoundland guaranteed spaces in Saskatchewan law school Andrew Parsons

Two Indigenous students from Newfoundland and Labrador who haven’t even started law school yet won’t have to worry about obtaining future articling positions thanks to a new program being developed by the provincial government, Indigenous governments based in the province and the University of Saskatchewan. ... [read more]