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Tuesday, December 12, 2017 @ 2:37 PM

New Ontario construction laws could make it easier to resolve disputes outside court: experts Jessica Vickerman, Shibley Righton LLP

Ontario has brought in changes to construction laws that observers say will streamline the system, lead to fewer disputes finding their way to the court system and likely ensure fewer delays in construction projects. ... [read more]

Tuesday, December 12, 2017 @ 10:48 AM - Last Updated: Tuesday, December 12, 2017 @ 12:33 PM

PM respects tradition of alternating top judges between Quebec and rest of Canada, names Wagner the SCC’s new chief justice Beverley McLachlin and Richard Wagner

Prime Minister Justin Trudeau has named Justice Richard Wagner — the top court’s senior Quebec puisne judge — as the 18th chief justice of Canada, succeeding Beverley McLachlin on Dec. 18. ... [read more]

Tuesday, December 12, 2017 @ 9:46 AM

Group urges answers from Canadian embassy in Guatemala on protection of lawyer

A group of lawyers is demanding to know what Canada’s embassy in Guatemala is doing there to protect a fellow advocate under threat while acting for opponents to a Canadian mining project. ... [read more]

Monday, December 11, 2017 @ 3:35 PM

Retrial due to judge’s errors ordered for woman convicted of killing her two daughters

A woman found guilty of first degree murder in the slaying of her two young daughters in 2013 will face a new trial after the Quebec Court of Appeal found the trial judge made a series of errors when instructing the jury, partly because of language differences. ... [read more]

Monday, December 11, 2017 @ 10:50 AM

Ontario unveils new automobile insurance plan aimed at reducing costs, fraud Steve Rastin, Rastin & Associates

Ontario has released a plan to make automobile insurance more affordable by addressing fraud and providing better access to care, but observers say there needs to be some fundamental changes in the system to ensure it works to maximize the benefit for all consumers. ... [read more]

Monday, December 11, 2017 @ 9:25 AM

Lawyers urge second look at HIV non-disclosure cases, convictions following report Michael_Lacy_sm

Lawyers are urging Crown attorneys to re-examine HIV non-disclosure cases past and present following a federal report calling for a curbing of criminal prosecutions in light of evolving science around risk of transmission. ... [read more]

Friday, December 08, 2017 @ 4:53 PM

SCC rules Charter s. 8 protects privacy of some text messages Gerald Chan

A split Supreme Court has ruled that a sender’s texts are sometimes entitled to Charter privacy protection, depending on “the totality of the circumstances.” Moreover, police need only obtain production orders — not electronic surveillance warrants — to seize stored “electronic conversations” pursuant to the Criminal Code, the majority held. ... [read more]

Friday, December 08, 2017 @ 12:14 PM

Information on property sales must be made publicly available: Federal Court of Appeal

The Federal Court of Appeal has ruled against the Toronto Real Estate Board in its attempts to keep information from its listing service private, a decision the board is vowing to take to the Supreme Court of Canada. ... [read more]

Friday, December 08, 2017 @ 8:58 AM

B.C. Court of Appeal rules compensation for Forces veterans does not violate Charter Donald J. Sorochan

The British Columbia Court of Appeal has struck down a potential class action by members of the Canadian Forces against the federal government’s current compensation scheme for veterans, but a University of British Columbia law professor is saying the court may have erred in its interpretation of what positive obligations the Charter of Rights and Freedoms places on government. ... [read more]

Thursday, December 07, 2017 @ 1:16 PM

Changes urged for Judges Act to provide ‘sliding scale of penalties’ for judicial misconduct

The Canadian Judicial Council (CJC) recently decided to not further investigate complaints against Manitoba Court of Queen’s Bench Justice Vic Toews despite federal Ethics Commissioner Mary Dawson’s finding earlier this year that the former federal justice minister violated conflict of interest rules after he left politics. ... [read more]