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Monday, October 16, 2017 @ 6:59 AM

CBA urges feds to give more to provincial immigration, refugee services Barbara_Caruso_sm

Merely months after legal aid bodies in at least two provinces were brought to the brink of suspending their immigration and refugee services, the Canadian Bar Association is calling on the federal government to help — lest risk a possible breach of the Charter. ... [read more]

Friday, October 13, 2017 @ 1:40 PM - Last Updated: Friday, October 13, 2017 @ 5:17 PM

SCC rules Quebec municipalities not shielded from derivative claims by six-month limitation period Wagner

The Supreme Court has ruled 5-2 that the family members of a woman murdered by her abusive ex-spouse are not time-barred from seeking compensation from the City of Montreal for the emotional distress and other personal damages they suffered as a result of the wrongful death they blame police for failing to prevent. ... [read more]

Friday, October 13, 2017 @ 11:18 AM

Federal Court of Appeal rules under-payment of fee didn't invalidate patent

In what was described as likely the first and last court proceeding to be undertaken under provisions of an old version of Canada’s Patent Act, the Federal Court of Appeal upheld a lower court’s decision that failure to pay the full fee for the patent of a medication did not render the patent invalid. ... [read more]

Friday, October 13, 2017 @ 8:50 AM

Proposed safe access zones near abortion clinics respect right to protest, legal experts say Sarah O'Connor sm

Proposed legislation in Ontario to enforce safe access zones around abortion clinics and prohibit the harassment of clinic staff does not infringe on freedom of speech or a person’s right to protest, say legal experts in Toronto. ... [read more]

Thursday, October 12, 2017 @ 3:08 PM

SCC to hear novel case on lawyers’ liability for client referrals that go bad Doug Mitchell

The Supreme Court of Canada has announced it will address for the first time the legal jeopardy and financial liability faced by lawyers when their referrals of clients to other service providers turn sour. ... [read more]

Thursday, October 12, 2017 @ 12:43 PM

Regulatory hurdles not determining factor in death of Energy East project: experts Nigel Bankes, University of Calgary Faculty of Law

Energy giant TransCanada has pulled the plug on its contentious Energy East pipeline, which would have brought crude from the Alberta oil sands to refineries in New Brunswick. But legal experts question the assertion that barriers put in place by the National Energy Board (NEB) and the federal government were the determining factor in the project’s demise. ... [read more]

Thursday, October 12, 2017 @ 7:26 AM

Lawyers laud proposed additions to Ontario Human Rights Code, but say more change needed Nadia_Halum_sm

An Ontario MPP’s bid to expand human rights laws could mean “significant” protection for those with a police record or at a socioeconomic disadvantage, but would miss the mark when it comes to furthering safeguards for those needing to help family and other relations, lawyers say. ... [read more]

Wednesday, October 11, 2017 @ 2:25 PM

Civil liberties group says B.C.'s medically assisted dying regime not 'working well' Jay Aubrey, B.C. Civil Liberties Association

A report says the B.C. government is doing well in terms of complying with the requirements for medical assistance in dying (MAiD) cases in the province, but a prominent civil liberties group said the restrictive language of the federal legislation is leaving a lot of people in the province behind. ... [read more]

Wednesday, October 11, 2017 @ 12:07 PM

Appeal Court ruling affirms maritime law applies in dispute over ship engine failure George Pollack

A lower court ruling that awarded $5.6 million to a vessel fleet operator was overturned by the Quebec Court of Appeal after it held that the trial judge erred by applying the Civil Code of Quebec to settle a dispute instead of Canadian maritime law. ... [read more]

Wednesday, October 11, 2017 @ 7:20 AM

Women’s advocates, defence counsel call for transparency from judiciary on sexual assault law training for judges Kim Pate

Defence counsel and women’s advocates are both calling on Canada’s judicial leaders to disclose details of how the judicial branch educates its members to handle sexual assault prosecutions. ... [read more]