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Wednesday, October 16, 2019 @ 9:36 AM

Alberta should tread lightly on farm protest legislation, legal observers say Peter Sankoff, University of Alberta faculty of law

The Alberta government has vowed to move forward with legislation aimed at protesters who trespass on farms, but legal experts are saying the government should be cautious in its approach as it may not withstand constitutional scrutiny. ... [read more]

Tuesday, October 15, 2019 @ 2:24 PM

First class action clinic seeks to address ‘unmet need,’ director says Jasminka Kalajdzic sm

The University of Windsor’s Faculty of Law is now home to Canada’s only class action legal clinic. The clinic’s director and Windsor law professor, Jasminka Kalajdzic, said the goal is to “build public confidence in the class action regime and better fulfil the access to justice of class actions.” ... [read more]

Tuesday, October 15, 2019 @ 12:45 PM - Last Updated: Thursday, October 17, 2019 @ 10:49 AM

Nova Scotia’s first Wellness Court hits 10 years Pamela_Williams_sm

Nova Scotia’s first Wellness Court is now a decade old, and a judge sitting behind its bench sees its success as helping pave the way for an increase in co-operative justice as an alternative to traditional forms of punishment. ... [read more]

Tuesday, October 15, 2019 @ 9:14 AM

‘Hierarchy based on expertise’ model changes way tax law firm works Peter Aprile sm

The Ontario Bar Association’s (OBA) new president, Colin Stevenson, who stepped into the role on Sept. 1, was inspired to make innovation the organization’s theme this year. This was motivated in part by the OBA’s innovator-in-residence, Peter Aprile, who, along with other legal professionals at Counter Tax, have undertaken a “hierarchy based on expertise” model at their firm. ... [read more]

Friday, October 11, 2019 @ 3:36 PM - Last Updated: Tuesday, October 15, 2019 @ 8:51 AM

SCC endorses new restrictive view of Charter right ‘to the lesser punishment’ Sheilah_Martin

The Supreme Court of Canada has split 4-3 to endorse a narrower interpretation of an offender’s s. 11(i) Charter right to be sentenced to “the lesser punishment” in cases where penalties change between the offence and sentencing — an approach that will lead to harsher sentences for some who have committed historic crimes. ... [read more]

Friday, October 11, 2019 @ 1:15 PM

Sentencing of woman as dangerous offender overturned by Ontario Court of Appeal

An Ontario judge committed a miscarriage of justice in 2012 when she deemed that a woman with mental, behavioural and cognitive challenges was a dangerous offender and should be imprisoned indefinitely, according to a recent Ontario Court of Appeal ruling.   ... [read more]

Friday, October 11, 2019 @ 8:49 AM

Dispute over will bequeathing family farm highlights importance of witness ‘credibility’: lawyer Taayo Simmonds sm

The Superior Court of Justice has ruled in favour of a plaintiff in a case involving a contested estate, which involved two drafts of a will. Counsel involved in the case said the decision highlights the importance of witness credibility. ... [read more]

Thursday, October 10, 2019 @ 3:59 PM

Judge makes ‘extraordinary’ advance costs order in land rights case

An Alberta Court of Queen’s Bench judge has ordered the federal government and Alberta’s government to pay advance legal costs in a land rights case, saying the First Nation involved would be forced to end its litigation if she did not. ... [read more]

Thursday, October 10, 2019 @ 9:54 AM

Canada’s courts inconsistent with new jury rules, lawyer says Breana_Vandebeek_sm

A recent decision around process in a New Brunswick murder case shows how Canada’s courts are divided over new rules for jury selection and applying them inconsistently as a result, says a lawyer involved. ... [read more]

Thursday, October 10, 2019 @ 8:55 AM

OBA president calls new Innovator-in-Residence, Ryerson LIZ a ‘world leader’ Colin Stevenson 2019 sm

The Ryerson Legal Innovation Zone (LIZ) will be the Ontario Bar Association’s (OBA) next Innovator-in-Residence, helping build on OBA president Colin Stevenson’s theme for his term. “The Innovator-in-Residence Program leads and supports the Ontario bar to, and through, innovative change with the information, education, practical advice and tools that lawyers need to succeed in a rapidly changing market,” said Stevenson on the appointment announcement on Oct. 7.  ... [read more]