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Wednesday, October 09, 2019 @ 11:47 AM

Ruling in labour case ‘go-to decision’ on federal-provincial jurisdiction issue, law prof says Michael Lynk, Western University Faculty of Law

The Federal Court of Appeal has ruled a Quebec-based company is subject to federal labour law after the court determined the bulk of its work was in telecommunications despite its describing itself as a construction company, and a legal expert is saying the decision will be seminal in determining what companies will fall under federal jurisdiction in labour relations. ... [read more]

Wednesday, October 09, 2019 @ 11:09 AM

Family law fertile ground for Alberta lawyer Alex MacNab

For many lawyers, job satisfaction is linked to helping people. For Alex MacNab, it is specifically linked to helping people have a family. “On a daily basis, I’m helping people create their babies,” MacNab, a family fertility lawyer and partner with Moe Hannah LLP in Calgary, told The Lawyer’s Daily. ... [read more]

Wednesday, October 09, 2019 @ 9:28 AM

Review recommends changing, modernizing Ontario’s mortgage sector Sarita Samaroo, SST Law Professional Corporation

The Ontario government is aiming to modernize the province’s mortgage sector, and some of the recommendations contained in a recent review of the market are calling for more oversight of risky private markets and enhanced information sharing between lawyers and regulators. ... [read more]

Tuesday, October 08, 2019 @ 2:48 PM

Competition Bureau ramps up monitoring, enforcement

Competition Bureau Canada is hoping to shine a brighter light on anti-competitive activities. The new guiding light comes in the form of an expanded Merger Intelligence and Notification Unit (MINU). While the notification provisions of the Competition Act help the Competition Bureau to more easily detect most potentially anti-competitive transactions, there are shadows where the unscrupulous or the uninformed can hide ... [read more]

Tuesday, October 08, 2019 @ 11:45 AM

SCC’s fall session in Ottawa kicks off with cases on employment law, scope of criminal law power Howard Levitt

The Supreme Court of Canada resumes its busy fall session Oct. 8 with a far-reaching employment law appeal, followed by a unique case in which the Attorney General of Canada is attacking the constitutionality of a law duly authorized by Parliament. ... [read more]

Tuesday, October 08, 2019 @ 9:59 AM

‘Underinsured coverage’ on personal vehicles does not apply to on-job accidents, court rules Sheldon Gilbert sm

The Ontario Court of Appeal has ruled that drivers injured in motor vehicle accidents while on the job cannot access “underinsured coverage” under the insurance policies on their personal, domestic vehicles. Counsel involved in the decision said this case “involved a situation which had not previously been litigated in terms of whether or not specific exclusions in the standard form automobile policy import over to the OPCF 44 Underinsured Endorsement.” ... [read more]

Monday, October 07, 2019 @ 12:54 PM

Findings in articling survey ‘disheartening,’ Law Society of Alberta says Cori Ghitter, Law Society of Alberta deputy executive director and director of professionalism and policy

The Law Society of Alberta is pledging to act after a survey of law students and new lawyers in the province showed experiences of harassment and discrimination during the articling process. In addition, many of those surveyed felt the experience did not provide them with the proper amount of training as they began their legal careers. ... [read more]

Monday, October 07, 2019 @ 9:43 AM

Judge failed to instruct jury on maturity level of youth convicted of murder, court rules

The Ontario Court of Appeal has ordered a new trial for a young man convicted of killing a police officer during a traffic stop, noting the trial judge erred in instructing the jury on the age and maturity level of the accused. The decision, counsel said, highlights how “reluctant the courts are to admit, or to allow into evidence, statements made by defendants.” ... [read more]

Friday, October 04, 2019 @ 4:49 PM - Last Updated: Monday, October 07, 2019 @ 9:51 AM

Police can’t arrest those who aren’t breaking law to prevent others’ violent actions: SCC Suzanne Côté

In a decision hailed as preserving Canadians’ civil liberties, the Supreme Court of Canada has unanimously restored a $140,000 damages award to a peaceful demonstrator who was unlawfully arrested and injured by the Ontario Provincial Police in 2009 during the occupation by Indigenous protesters of disputed Crown land in Caledonia, Ont. ... [read more]

Friday, October 04, 2019 @ 8:46 AM

B.C., Alberta law societies formalize rules on trust accounts, disciplinary processes Kent Teskey, Alberta Law Society president-elect

Benchers of both the Alberta and British Columbia law societies met at the end of September, agreeing to a number of rules changes on financial disclosure and the use of fiduciary property, as well as tweaks to formal disciplinary procedures. ... [read more]