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Tuesday, October 24, 2017 @ 12:12 PM

Court of Appeal decision offers guidance on when an international class action will be certified Linda Visser sm

In a decision on a claim of conspiracy to fix prices of air freight shipping services to Canada, the Ontario Court of Appeal has set down a three-part test for when an international class action can be asserted when jurisdiction over absent foreign claimants (AFCs) is in question. ... [read more]

Tuesday, October 24, 2017 @ 7:14 AM

CJC ‘very hopeful’ Senate will heed red flags judiciary raised about judicial training Norman_Sabourin

The Canadian Judicial Council (CJC) has turned down Sen. Kim Pate’s request to particularize how federal judges are trained to handle sexual assault cases — but the powerful council of 39 chief justices says it remains “very hopeful” that the Senate will fix a judicial training bill opposed by the judicial branch. ... [read more]

Monday, October 23, 2017 @ 2:28 PM

New Quebec law is unconstitutional and unfairly targets devout Muslim women who cover their faces: experts

Expect a swift Charter challenge to new Quebec laws requiring Muslim women who cover their faces to unveil when accessing public services, legal minds say. ... [read more]

Monday, October 23, 2017 @ 12:44 PM

B.C. Court of Appeal ruling clarifies family member exclusions in insurance cases Christopher Rhone, Branch MacMaster LLP

The British Columbia Court of Appeal has offered clarification in the concept of family member exclusions in homeowner insurance policies, a ruling the lawyer for the insurance company says creates “consistency and predictability” for insurers. ... [read more]

Monday, October 23, 2017 @ 9:25 AM

Access to justice pilot project highlights need to inform Ontarians of language rights Cameron Fiske sm

Practices established through a pilot project to enhance access to justice in French have been made permanent at the Ottawa courthouse after the Ministry of the Attorney General released a final report on the project’s priorities and recommendations. ... [read more]

Monday, October 23, 2017 @ 7:50 AM

Doing business in U.S. marijuana market a risky venture for Canadian firms: experts James Munro, McMillan LLP

Canada’s security regulators are raising red flags about Canadian marijuana companies doing business in U.S. states which have legalized use of the drug, and legal experts note such companies could risk being delisted from the nation’s stock exchanges if they started or continued to operate south of the border. ... [read more]

Friday, October 20, 2017 @ 1:12 PM

Legal, business aspects of NAFTA termination unclear, trade experts say

As any observer of international trade issues (or any person who follows the news) knows, Canada and Mexico are in the process of renegotiating the North American Free Trade Agreement (NAFTA) with the United States. With so much uncertainty over the process, legal experts are warning businesses to be prepared for what could be a serious disruption, but no clear picture emerges as to whether U.S. President Donald Trump can follow through with his threats to unilaterally withdraw from the pact. ... [read more]

Friday, October 20, 2017 @ 11:18 AM

Saskatchewan may regulate paralegals to solve ‘access to justice crisis,’ says scholar Sarah_Buhler_sm

In a bid to cope with an “access to justice crisis,” a task team in Saskatchewan is exploring the option of using regulated paralegals as a way of expanding the roles of non-lawyers in that province, says a Saskatoon scholar. ... [read more]

Friday, October 20, 2017 @ 9:18 AM

Offending termination clauses that are void cannot 'oust' common law, court rules Ben Hahn sm

The Ontario Court of Appeal has ruled an employee is entitled to receive severance pay based on common law in lieu of reasonable notice in a decision, counsel says, is instructive to both employers and employees on termination provisions.   ... [read more]

Thursday, October 19, 2017 @ 12:57 PM - Last Updated: Thursday, October 19, 2017 @ 5:10 PM

SCC says conditional sentences are not terms of ‘imprisonment’ leading to immigration deportation Aris Daghighian

In a judgment welcomed by immigration lawyers, but called “disappointing” on the administrative law front, the Supreme Court has ruled that permanent residents sentenced in Canada to conditional sentences cannot be deported for “serious criminality” under s. 36(1)(a) the Immigration and Refugee Protection Act (IRPA). ... [read more]