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Friday, April 12, 2019 @ 5:47 PM

SCC clarifies scope of courts’ supervisory jurisdiction over residential schools agreement Suzanne Côté

In a ruling on the scope of courts’ supervisory jurisdiction over class action settlements, the Supreme Court of Canada has 5-2 allowed the appeal of a Manitoba residential school survivor whose sexual abuse claim under the Indian Residential Schools Settlement Agreement (IRSSA) had been dismissed by adjudicators under the Independent Assessment Process (IAP). ... [read more]

Friday, April 12, 2019 @ 12:08 PM

Lametti says no need for Trudeau gov’t to probe ‘one-off’ SCC leak; but demand grows for RCMP investigation Exclusive

Justice Minister David Lametti says a damaging leak about the latest Supreme Court of Canada appointment was a “one-off” that did not come from his department or the Prime Minister’s Office (PMO) — nor does it require the Trudeau government to track down the leak’s source(s) or reconsider the adequacy of the confidentiality protections around the Supreme Court appointment process. ... [read more]

Friday, April 12, 2019 @ 9:51 AM

Appeal decision confirms tax audits are not ‘oral examination of people’: lawyer David Rotfleisch, taxpage.com

The Federal Court of Appeal has ruled Canada Revenue Agency (CRA) does not have the power to force people to give oral interviews during an audit. Justice Donald Rennie held the CRA’s right to “inspect, audit or examine” the books and records of a taxpayer under s. 231.1(1)(a) of the Income Tax Act did not extend to oral questioning. ... [read more]

Thursday, April 11, 2019 @ 1:39 PM

Objective analysis key in self-defence rulings, lawyers say Janet_Austin_sm

When assessing self-defence, judges must “objectively” consider how a reasonable member of society would act in a situation rather than “subjectively” focus on what was to be expected of the accused, say lawyers after a new trial was ordered for a Maritimer charged with stabbing an antagonist. ... [read more]

Thursday, April 11, 2019 @ 11:13 AM

Bill requiring named judges to disclose expenses changed so only anonymized expenses to be published Pierre Dalphond

Judges would no longer have to disclose their individual expenses under amendments to Bill C-58 accepted by the Senate Legal and Constitutional Affairs Committee April 10. With the enthusiastic endorsement of Sen. Pierrette Ringuette, who is the Senate sponsor of the Liberal government’s access to information overhaul, the red chamber’s legal affairs committee passed Sen. Pierre Dalphond’s amendments that narrow the government’s proposal to require, for the first time, all federal judges to disclose their expenses. ... [read more]

Thursday, April 11, 2019 @ 9:37 AM

Appeal Court brings dying declarations ‘back into the limelight’ in murder trial: lawyer Catriona Verner

The Ontario Court of Appeal has upheld a lower court decision on the admissibility of a dying declaration and the second search of cellphone data discovered through updated software in a murder trial that, counsel says, highlights the court’s analysis of hearsay evidence. ... [read more]

Wednesday, April 10, 2019 @ 2:12 PM

B.C. Appeal Court decision raises questions on use of hyperlinks in defamation cases, lawyers say Howard Winkler, Winkler Dispute Resolution

The B.C. Court of Appeal has ruled a lower court judge erred when he found sending of hyperlinks containing defamatory material constituted publication, but lawyers are saying issues with the Supreme Court of Canada decision it relied upon may need to be revisited in the future. ... [read more]

Wednesday, April 10, 2019 @ 9:41 AM

‘Delivery’ not ‘controlled act’ under Regulated Health Professions Act: Ontario Court of Appeal Jonathan Lisus sm

An appeal regarding the “territorial restrictions on the legislative competence of Ontario regarding the dispensing of prescription eyewear” has been allowed by the Ontario Court of Appeal as it determined that “dispensing” eyewear, as defined under the Regulated Health Professions Act (RHPA), includes the “delivery” of that product to a patient or consumer. ... [read more]

Tuesday, April 09, 2019 @ 12:39 PM

U of T criminal externship program aims to give students ‘hands-on experience’ Vincent Chiao

University of Toronto law professor Vincent Chiao likes to get into the philosophical weeds of criminal law, and last year Oxford University Press released his book, Criminal Law in the Age of the Administrative State, which highlights his research interest. ... [read more]

Tuesday, April 09, 2019 @ 11:34 AM

Ontario introduces digital self-auditing tool to monitor compliance with ESA Inna Koldorf sm

In its “commitment to a modern, efficient government,” Ontario has introduced a digital self-audit tool to replace paper audits done by employment standards officers (ESOs) on companies’ compliance with the Employment Standards Act (ESA). Labour and employment lawyers say they believe this tool will prove effective and save time for employers, but have mixed feelings about non-compliant companies using the tool appropriately. ... [read more]