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Friday, June 08, 2018 @ 9:45 AM

B.C. Court of Appeal decision clarifies scope of collateral attack doctrine: lawyer Arden Beddoes, Arvay Finlay LLP

The B.C. Court of Appeal has reinstated an energy company’s civil action for misfeasance against the province over its denial of a permit for a hydro project, saying a lower court judge erred when she determined the case was a collateral attack against provincial decision-makers. ... [read more]

Thursday, June 07, 2018 @ 9:50 AM

B.C. panel looking to update provincial tenancy laws

The B.C. government is looking at reshaping provincial tenancy laws and is seeking the public’s help in doing so. The province’s Rental Housing Task Force is touring the province throughout June as part of a consultation process on tenancy issues, with a mandate to “modernize and balance provincial tenancy laws to provide safe, secure and affordable housing.” ... [read more]

Thursday, June 07, 2018 @ 6:55 AM

SCC fractures over forum non conveniens in multijurisdictional Internet libel case Paul Schabas

The Supreme Court of Canada has splintered over the private international law principles applicable to the issues of jurisdiction, forum non conveniens and choice of law in the context of a multijurisdictional Internet libel case — with most of its judges declining to substantially reform the usual rules Canadian courts apply in deciding whether to assume and exercise jurisdiction in cross-border legal disputes. ... [read more]

Wednesday, June 06, 2018 @ 5:34 PM - Last Updated: Wednesday, June 06, 2018 @ 7:21 PM

Stressed employees at CBA’s Ottawa office move to unionize the 122-year-old national organization Exclusive

The Lawyer’s Daily has learned that workers at the national headquarters of the Canadian Bar Association (CBA) in Ottawa have filed an application to unionize ... [read more]

Wednesday, June 06, 2018 @ 11:42 AM

Non-criminal lawyers must use caution advising those arrested, lawyers say James_Morton_sm

Lawyers not practising criminal law but called by people arrested should be cautious when giving guidance, but know enough to advise on staying silent, dealing with persistent police questioning and seeking criminal defence counsel, say legal experts. ... [read more]

Wednesday, June 06, 2018 @ 9:33 AM

Legal Aid Commission’s decision not to fund human rights claims not discriminatory: N.W.T Court of Appeal Chris Buchanan sm

The Northwest Territories Court of Appeal has determined that the Legal Aid Commission’s policy not to fund human rights complaints is not discriminatory as it’s not a “service customarily made available to the public.” ... [read more]

Tuesday, June 05, 2018 @ 10:41 AM

B.C. First Nation can’t reopen evidentiary record in pipeline case: Federal Court of Appeal

A British Columbia First Nation has failed to reopen the evidentiary record in its challenge to the controversial Trans Mountain pipeline expansion project. The Tsleil-Waututh Nation, a Coast Salish people centred around the Burrard Inlet area, are currently in the process of challenging the environmental assessment surrounding the project, which will bring diluted bitumen (dilbit) from the Alberta oil sands to Burnaby, B.C. ... [read more]

Tuesday, June 05, 2018 @ 9:21 AM

B.C. to increase supports for jurors with post-trial stress, mental health issues Richard Fowler, Fowler Blok Criminal Defence Lawyers

The government of British Columbia is heeding a call to offer greater assistance to jurors who have experienced stress and mental health challenges after difficult trials, but a prominent defence counsel is saying the federal government needs to step up to the plate and change the Criminal Code to give jurors the ability to discuss the details of their cases in order to ensure they receive proper treatment. ... [read more]

Monday, June 04, 2018 @ 9:12 AM

Like it or not, plea deals necessary for Canada’s justice system, says legal scholar Isabel_Grant_sm

Plea bargaining is a far-from-perfect path to resolution, but is an essential pressure valve for Canada’s resource-strapped justice system, says a legal scholar. There are both pros and cons to the controversial practice of plea negotiations, said University of British Columbia law professor Isabel Grant, whose comments follow the release of a report by the Saskatchewan Law Review. ... [read more]

Monday, June 04, 2018 @ 8:49 AM

Outgoing treasurer Schabas oversaw ‘shift in thinking’ at Law Society of Ontario Paul Schabas sm

Change has been the name of the game at the Law Society of Ontario (LSO) over the past two years as Paul Schabas has led the organization through complicated, and often public, challenges. This month the law society will have to prepare for another change as Schabas leaves his position as treasurer on June 28 and a new leader takes his place. ... [read more]