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Tuesday, July 30, 2019 @ 9:41 AM

Unequal treatment in B.C. will case not motivated solely by discrimination against daughters: judge David Freedman

A B.C. judge has amended wills for a multimillion dollar estate on the basis the couple’s four daughters were treated unfairly when the bulk of the money was given to their two brothers, but rejected the argument the parents were motivated exclusively by cultural practices in their actions. ... [read more]

Monday, July 29, 2019 @ 12:31 PM

Family law prof fears desires of parents placed over children’s interests Rolli_Thompson_sm

An East Coast legal scholar is calling two recent appeal decisions worrisome in their use of “maximum contact” laws in divorce cases to seemingly place parents’ desire for more time with their children over what may be best for the kids. ... [read more]

Monday, July 29, 2019 @ 9:32 AM

Alberta’s Mental Health Act breaches principles of fundamental justice, judge says

An Alberta judge has struck down several sections of the provincial Mental Health Act (MHA) as unconstitutional in response to the case of a man who was held in a mental health facility for nine months against his will. Justice Kristine Eidsvik of Alberta’s Court of Queen’s Bench ruled six provisions of the MHA were in violation of the Charter of Rights and Freedoms ... [read more]

Friday, July 26, 2019 @ 10:52 AM - Last Updated: Friday, July 26, 2019 @ 3:56 PM

SCC restores ability of courts martial to try serious crimes by military members in Canada Moldaver and Brown

The Supreme Court of Canada has ruled 5-2 that military members charged under the National Defence Act (NDA) for serious criminal offences committed in Canada do not have the right to trial by jury — overturning a Court Martial Appeal Court (CMAC) Charter ruling below that would have gutted the court martial system, and jeopardized dozens of current prosecutions, including for sexual assault. ... [read more]

Friday, July 26, 2019 @ 9:28 AM

Supreme Court of Canada nominee Kasirer says policy-making is for legislators, not judges Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer says he finds oral advocacy “very useful” in deciding appeals and advises counsel to hone in on what’s most important when making their arguments. That was among the insights the fluently bilingual 59-year-old Supreme Court of Canada nominee from Quebec shared at a decorous and non-partisan question-and-answer session in Ottawa July 25 ... [read more]

Thursday, July 25, 2019 @ 12:31 PM

Case highlights ability for clients, counsel to speak publicly on ongoing lawsuits, lawyer says Andrew Monkhouse sm

The Ontario Superior Court of Justice has dismissed a defamation counterclaim against a former employee seeking damages for wrongful dismissal after she spoke publicly about an insurer’s alleged discriminatory policies. The court ruled the matter to be of public interest. ... [read more]

Thursday, July 25, 2019 @ 9:45 AM

B.C.’s Civil Resolution Tribunal given new powers over not-for-profits, co-operatives Dierk Ullrich, Fasken

Although much attention has been paid to the implications of the new powers given to B.C.’s Civil Resolutions Tribunal (CRT) over some automobile insurance cases, what may have gotten lost in the shuffle is the tribunal’s new responsibility for some claims concerning not-for-profit organizations and co-operatives in the province. ... [read more]

Wednesday, July 24, 2019 @ 12:48 PM

Employee entitled to withdraw ‘equivocal’ resignation, court rules

The Ontario Court of Appeal has allowed the appeal of an employee who rescinded her retirement notice but was still asked not to return to work. The court ruled this was a wrongful dismissal and awarded the appellant 12 months’ pay in lieu of notice. ... [read more]

Wednesday, July 24, 2019 @ 9:30 AM

Salmon to be CBA’s first racialized president, will highlight young lawyers during term Vivene Salmon sm

Vivene Salmon, the incoming president of the Canadian Bar Association (CBA), is a young lawyer and the first racialized person to take on the role. She understands the impact a recession can have on a legal career, so she wants to focus her term on young lawyers and encouraging intergenerational dialogue. ... [read more]

Tuesday, July 23, 2019 @ 12:20 PM

Nothing inventive in using well-known technology to mimic humans, says court in patent case Jenna Wilson, Wilson Lue LLP

The Federal Court of Appeal has overturned a patent on software related to inspection of railroad tracks, with a lawyer involved in the case saying he believes it is the first time in many years the court has declared a patent invalid on obviousness after it had previously been declared valid. ... [read more]