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Monday, December 10, 2018 @ 11:57 AM

Saskatchewan moves to modernize securities legislation Derrek Fahl, Miller Thomson LLP

The government of Saskatchewan has introduced legislation to enhance enforcement tools and strengthen investor protection in the securities market, a move experts are saying is part of an effort to ensure more streamlined rules to allow the province to compete federally and internationally. ... [read more]

Monday, December 10, 2018 @ 9:30 AM

British Columbia family lawyers ask law society to hold off on paralegal changes Karen Nordlinger, Aaron Gordon Daykin Nordlinger LLP

A number of family lawyers are urging the Law Society of British Columbia (LSBC) to listen to the profession after a motion was adopted at the society’s annual general meeting asking it to take a step back on its efforts to allow paralegals to have a limited scope of practice. ... [read more]

Friday, December 07, 2018 @ 5:02 PM - Last Updated: Tuesday, December 11, 2018 @ 3:00 PM

SCC rules shareholders can’t sue for third-party harms to corporation absent ‘distinct’ obligation, ‘direct’ injury Caroline Biron

The Supreme Court has ended a $55 million damages suit for loss of shareholder value brought by the trustees of a Quebec trust against the lawyers and accountants they allege gave faulty tax advice that bankrupted the companies whose shares the trust owns. ... [read more]

Friday, December 07, 2018 @ 8:48 AM

Feds’ limiting of HIV prosecutions heartening, but provinces must follow suit, lawyers say Daniel_Brown_sm

Criminal lawyers are calling on the provinces to adopt Ottawa's recent guidelines limiting criminal prosecutions of HIV non-disclosure. On Dec. 1 Justice Minister Jody Wilson-Raybould marked the 30th anniversary of World AIDS Day by issuing a set of directives to federal Crowns to limit what many advocates have called unjust criminal prosecutions of those with HIV. ... [read more]

Thursday, December 06, 2018 @ 2:27 PM - Last Updated: Friday, December 07, 2018 @ 8:23 AM

Defence efforts to rebut presumptions in support of breathalyzer results require more than speculation, conjecture: SCC Justice Richard Wagner

In a judgment of note in thousands of drinking and driving cases across Canada, the Supreme Court has clarified the nature and scope of the evidence that an accused must adduce to rebut the presumptions of accuracy and identity applicable to breathalyzer test results under s. 258(1)(c) of the Criminal Code. ... [read more]

Thursday, December 06, 2018 @ 9:26 AM

Stay of proceedings in miscarriage of justice case should have been acquittal, says lawyer James_Lockyer_sm

An appeal court’s quashing of an accused drug dealer’s decades-old murder conviction, the denying of an acquittal and the staying of a new trial due to the concealment of key evidence does not “say good things” about Canada’s justice system, says a defence lawyer in the case. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, December 05, 2018 @ 10:50 AM

Forum highlights perspectives of women in litigation Monique Jilesen sm

In a digital world where documents can be kept anywhere and managing business relations is key, the perspectives of litigators and in-house counsel can provide guidance in how to successfully manage complex litigation. These topics, as well as the use of internal and external experts, were discussed by a panel of in-house and external counsel at the Women in Litigation Toronto Forum, hosted by Benchmark Litigation. ... [read more]

Tuesday, December 04, 2018 @ 12:25 PM

B.C. Appeal Court ruling on responsible communication tips balance in favour of free expression: lawyer Howard Winkler, Winkler Dispute Resolution

A former member of Parliament has lost his defamation case against a major provincial newspaper after the B.C. Court of Appeal ruled a lower court judge was wrong in not considering whether the overall tone of the article was responsible communication rather than just one section of it, with the plaintiff’s lawyer saying he fears the decision could allow people to publish false items and escape responsibility. ... [read more]

Tuesday, December 04, 2018 @ 9:43 AM

Alberta legislation on common law partners big step forward, says legal think tank Laura Buckingham, Alberta Law Reform Institute

Alberta has modernized family law in the province to give increased support to unmarried couples, and a provincial legal think tank is noting the legislation is very similar to changes it recommended in a report to government earlier this year. ... [read more]