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Wednesday, July 18, 2018 @ 11:47 AM

Development of character, plot and style will make better lawyers, says author William_Bernhardt_sm

Lawyer like a thriller writer. There are lots of authors within that genre of popular fiction from whom to learn and take cues: Robert Crais, Stephen Hunter, Michael Connelly, Lee Child and Canada’s own Linwood Barclay, for example. And William Bernhardt. Bernhardt, the U.S.-based lawyer turned New York Times bestselling author, has long formed common threads between the fact-driven, buttoned-down practice of law and the freewheeling fancy of fiction writing. ... [read more]

Wednesday, July 18, 2018 @ 9:41 AM

Access issues abound with new Nova Scotia cybersafety laws, says expert Wayne_MacKay_sm

A Nova Scotia legal scholar is echoing concerns about that province’s newest cybersafety legislation, citing access to justice challenges victims could face when attempting to have intimate images removed from the Internet. Professor Wayne MacKay, of Dalhousie University’s Schulich School of Law in Halifax, says that while there are positive points to Nova Scotia’s just-passed Intimate Images and Cyber-Protection Act, there are issues when it comes to victims accessing the courts and, in some cases, their possible “re-victimization” should they get that far. ... [read more]

Tuesday, July 17, 2018 @ 12:16 PM

Creditor’s undisclosed billing practices don’t void loan guarantee, B.C. Appeal Court rules Hal Hicks, Fulton & Company LLP

The British Columbia Court of Appeal has ruled that a finance company did not fraudulently misrepresent itself in dealing with a woman who was a guarantor of a loan to her husband’s trucking company. Cynthia LeRoy was a guarantor of a loan by Century Services Co. to Ted LeRoy Trucking Ltd. (TLT), a company owned by her husband in which she was an employee. ... [read more]

Tuesday, July 17, 2018 @ 8:58 AM

International Association of Defense Counsel pushes for class action reform in Ontario Gordon McKee sm

The International Association of Defense Counsel (IADC) has thrown its hat into the ring for class action reform in Ontario after the Law Commission of Ontario (LCO) released a call for consultation in its review of the Class Proceedings Act. The LCO’s review, which was launched in October 2017, is the first independent, evidence-based evaluation of the Act since it was enacted in 1993. When the law commission’s call for consultation went out in March 2018, the IADC sent in a list of recommendations in support of reform. ... [read more]

Monday, July 16, 2018 @ 1:21 PM

N.S. court rules stress from workplace investigation not eligible for workers’ compensation claim

Clarifying when workers’ compensation does not cover post-traumatic stress was the focus of a failed appeal by a Maritime police officer claiming harm from being criticized for the death of a woman in custody. The Nova Scotia Court of Appeal, in the July 6 decision of Henderson v. Nova Scotia (Workers’ Compensation Appeals Tribunal) 2018 NSCA 59, upheld a tribunal’s denial of a claim by Truro Police Service supervisor Sterling Lee Henderson, who was in command when an intoxicated Victoria Rose Paul suffered a fatal stroke while in lockup. ... [read more]

Monday, July 16, 2018 @ 9:33 AM

Ontario Human Rights Commission tackles segregation, police profiling in annual report Renu Mandhane sm

Addressing human rights concerns may be challenging, but “discrimination is too costly to ignore” writes Renu Mandhane, the chief commissioner of the Ontario Human Rights Commission (OHRC), in the organization’s recently released annual report. The 2017-2018 report released on July 10, covers issues the commission has been working on over the past year and highlights future concerns for the province in areas ranging from criminal justice to children’s aid. ... [read more]

Friday, July 13, 2018 @ 1:42 PM

B.C. health care data non-compellable in tobacco lawsuit, SCC rules Justice Russell Brown sm

In a unanimous ruling, on July 13 the Supreme Court of Canada allowed an appeal from the Province of British Columbia to protect health databases from being compelled in an action it started to recover expenses from tobacco manufacturers under the Tobacco Damages and Health Care Costs Recovery Act. In British Columbia v. Philip Morris International, Inc. 2018 SCC 36, Justice Russell Brown wrote that the order from the courts below erred by finding that the databases were not protected by s. 2(5)(b) of the Act. ... [read more]

Friday, July 13, 2018 @ 9:26 AM

Lawyer hopeful recommendations will improve Saskatchewan’s coroner’s office Aaron_Fox_sm

A prominent Saskatchewan lawyer is lauding a call for more money and additional staff to speed up that province’s sluggish coroner’s office. Lawyer Aaron Fox is hoping recommendations in former police chief Clive Weighill’s external review of Saskatchewan’s Office of the Chief Coroner ­— if put into action — will help lawyers and their clients get timelier cause-of-death information. Weighill’s report, commissioned by Saskatchewan’s Ministry of Justice last year and released June 20, makes 44 recommendations for a system criticized as lacking depth, thoroughness and speed. ... [read more]

Thursday, July 12, 2018 @ 11:17 AM

Alberta court seeking input on proposed pilot project to speed up civil trials

Alberta’s Court of Queen’s Bench has proposed a pilot project to promote resolution and reduce lead times in civil trials in Edmonton and Calgary, and it is encouraging feedback from the bar and the public on the proposals. The court is proposing to revoke the suspension of Rules 8.4(3)(a) and 8.5(1)(a) of the Alberta Rules of Court, which require parties who request a trial date to participate in a dispute resolution process and a judge be satisfied that the parties have participated in a process, respectively. ... [read more]

Thursday, July 12, 2018 @ 9:42 AM

SCC recognizes municipalities can enact conservation zoning, emphasizes bringing action in reasonable period Chief Justice Richard Wagner

A property owner who challenged a municipal zoning bylaw he considered to be a disguised expropriation waited too long before taking legal action but can nevertheless still ask to be compensated for the loss in property value, ruled the Supreme Court of Canada. ... [read more]