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Tuesday, October 09, 2018 @ 10:45 AM

CRTC overstepped mandate in bringing in code to govern contracts: Federal Court of Appeal Graham Honsa, Wilson Lue LLP

The Federal Court of Appeal has ruled against the Canadian Radio-Television and Telecommunications Commission (CRTC) in its attempts to regulate contracts between content producers and broadcasters, saying the commission overstepped its bounds under the Broadcasting Act. ... [read more]

Tuesday, October 09, 2018 @ 9:45 AM

New corporate legislation to bring P.E.I. up to speed with other provinces

Enhanced protection for shareholders, greater clarity around directors’ obligations and the “right to incorporate” are all items lawyers for Prince Edward Island’s for-profit corporations should discuss with their clients in the run-up to a revamping of business legislation, says a government solicitor. ... [read more]

Tuesday, October 09, 2018 @ 9:20 AM

Wrongful Conviction Day reception sheds light on shortcomings of criminal justice system Maria Shepherd, Win Wahrer and O'Neil Blackett Wrongful Conviction Day sm

A T-shirt boldly printed with the word “INNOCENT” was held high to a rousing round of applause by O’Neil Blackett, Innocence Canada’s most recently exonerated client, at the start of the Fifth International Wrongful Conviction Day reception. ... [read more]

Friday, October 05, 2018 @ 11:58 AM - Last Updated: Friday, October 05, 2018 @ 4:25 PM

SCC rules 7-2 that parliamentary privilege does not pre-empt grievances from workers fired by Quebec’s legislature Justice Andromache Karakatsanis

In a far-reaching clarification of the scope of the parliamentary privilege of legislatures across Canada, the Supreme Court has ruled 7-2 that the speaker of Quebec’s National Assembly cannot rely on such privilege to immunize from review by a labour tribunal his decision to fire three security guards for on-the-job misconduct. ... [read more]

Friday, October 05, 2018 @ 11:15 AM

Short-term rental of cottage not commercial, not prohibited, P.E.I court finds Jonathan_Coady_sm

Neighbourhood associations wanting to stop homeowners from using their residences as short-term rentals “must use clear and unequivocal language” in outlawing it, says the lawyer of a Maritimer given a court’s OK to keep renting his waterfront cottage online. ... [read more]

Friday, October 05, 2018 @ 10:37 AM

B.C. passes legislation to move opioid lawsuit forward Maneesha Deckha, University of Victoria Faculty of Law

The B.C. government has taken additional steps in its lawsuit against opioid manufacturers by introducing legislation that will help facilitate the action in the courts. The provincial legislature passed the Opioid Damages and Health Care Costs Recovery Act on Oct. 3. ... [read more]

Friday, October 05, 2018 @ 5:01 AM

Challenges await with NAFTA 2.0, say lawyers Cyndee Todgham Cherniak

There still may be life in the North American Free Trade Agreement (NAFTA), because its recently reached successor pact — the United States-Mexico-Canada Agreement (USMCA) — is not quite a done deal. However, lawyers still need to be prepared for the NAFTA-to-UMSCA transition, according to an international trade lawyer who serves as a NAFTA dispute resolution panellist. ... [read more]

Thursday, October 04, 2018 @ 1:54 PM

Canadian judges rally around judge facing discipline for accepting interim law dean post at Lakehead University Graeme Mew

Canada’s superior court judges are collectively going to court to defend an Ontario judge who faces discipline proceedings, and possible firing, for acting as interim law dean (academic) at Lakehead University — a temporary post Ontario Superior Court Justice Patrick Smith agreed to take for six months while the struggling law school seeks a permanent dean, and with the advance blessing of both his chief justice and the federal Justice minister. ... [read more]

Thursday, October 04, 2018 @ 1:09 PM

Alberta Appeal Court decision offers roadmap in contractual interpretation: lawyer Don McGarvey, McLennan Ross LLP

The Alberta Court of Appeal has ruled a lower court erred in interpreting a contract between a land appraiser and a developer, in a decision the appraiser’s counsel is saying offers a good analysis of contractual interpretation, especially in the use of surrounding circumstances to determine a party’s intent in developing a contract. ... [read more]

Thursday, October 04, 2018 @ 9:30 AM

Law Society of Ontario in danger of losing self-governance if Convocation shrinks, lawyers say Anne Vespry sm

As the deadline for comment on changes to the Law Society of Ontario’s (LSO) governance structure draws near, members of the profession are drawing attention to the loss of institutional knowledge and concerns over effective self-governance, if Convocation shrinks in size. Anne Vespry, an LSO bencher, said that although the 600 staff members at the law society have the best interests of the law society and the profession at heart, they are “unelected.” ... [read more]