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Monday, February 11, 2019 @ 9:36 AM

Top judge says judicial independence requires that SCC, other courts control their own budgets Exclusive

All courts should be able to control their own budgets, Chief Justice of Canada Richard Wagner tells The Lawyer’s Daily in the most forceful and clear expression yet of the judicial branch’s resolve to obtain more financial and administrative independence from the other two branches of government. ... [read more]

Friday, February 08, 2019 @ 5:18 PM - Last Updated: Friday, February 08, 2019 @ 5:48 PM

Charter challenge to Parole Board’s post-release conditions was impermissible collateral attack: SCC Leif Jensen

The Supreme Court of Canada has ruled for the first time on how the rule against collateral attacks on administrative orders applies to an accused’s claim that the administrative order violates the Charter. On Feb. 8, the top court unanimously dismissed the appeal of Spencer Dean Bird, a long-term offender with a track record of more than 60 offences, including crimes of violence involving weapons, as well as numerous failed conditional releases: R. v. Bird 2019 SCC 7. ... [read more]

Friday, February 08, 2019 @ 9:29 AM

Proposed changes to Ontario real estate law get mixed reaction from lawyers Michael Lamb

Proposed changes to Ontario’s Real Estate and Business Brokers Act could find buyers and sellers losing the confidentiality of the offer process with their realtors who could be required to obtain a college certificate or diploma before being allowed to help Ontarians buy or sell homes, according to veteran real estate lawyers in the province. ... [read more]

Thursday, February 07, 2019 @ 11:58 AM

B.C. Law Society claims ‘sophisticated’ firm website is fake

The Law Society of British Columbia (LSBC) is advising the public to be vigilant in accessing legal services, saying a website purporting to be a full-service law firm in the province is actually fake. In the LSBC’s most recent e-brief, it said a law firm calling itself HildeBrandt LLP was running a “sophisticated website advertising legal services and purporting to have a number of lawyers working out of a downtown Vancouver office.” ... [read more]

Thursday, February 07, 2019 @ 9:51 AM

Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI TLD Exclusive

Richard Wagner, Canada’s reform-minded top judge, has already overseen changes at the three major legal institutions he leads — the Supreme Court of Canada, the Canadian Judicial Council (CJC), and the National Judicial Institute (NJI) — and there are more changes to come, he advises in a wide-ranging exclusive interview. ... [read more]

Wednesday, February 06, 2019 @ 2:38 PM

Prairie law societies hopeful members will buy into law firm regulation Darcia_Senft_sm

Despite feeling some pushback, the law societies of Canada’s prairie provinces are hoping for co-operation from their members when the regulation of law firms becomes a reality. ... [read more]

Wednesday, February 06, 2019 @ 9:38 AM

Acquittals after death ‘rare,’ but important in maintaining justice, lawyers say Janani Shanmuganathan sm

A court granting an acquittal after death has been described as “rare” and “unusual,” but lawyers involved in a recent Ontario Court of Appeal decision and Innocence Canada stress that miscarriages of justice should be set right, especially when an offence has received media attention. ... [read more]

Tuesday, February 05, 2019 @ 12:07 PM

Report on law school tuition highlights impact of high costs on access, diversity Heather Donkers sm

The Law Students’ Society of Ontario (LSSO) is calling for change in its Jan. 31 report on tuition, debt and financial aid experiences, noting that the high cost of a legal education makes the profession less accessible, and by extension, less diverse. ... [read more]

Tuesday, February 05, 2019 @ 9:26 AM

Federal Court approves settlement in ‘novel’ employment insurance class action Stephen Moreau, Cavalluzzo LLP

A Federal Court justice has approved a class action settlement in a case brought on behalf of people who were denied employment insurance (EI) sickness benefits because they were on parental leave at the same time as their illness. ... [read more]

Monday, February 04, 2019 @ 12:07 PM

LSO bencher hopefuls advocate for recent calls, mental health awareness

As the deadline for bencher nominations at the Law Society of Ontario (LSO) looms, some candidates have already kicked off the race by sharing their platforms on social media. Challenges facing the legal community dominate their campaigns and include: mental health, Indigenous issues, high tuition rates at law schools and technological competence. ... [read more]