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Thursday, October 03, 2019 @ 1:03 PM

Decision indicates courts now less patient with ‘overly aggressive approaches’ to condo disputes: lawyer Ben Rutherford sm

The Ontario Court of Appeal has sided with a unit owner in her fight to have legal bills assessed after proceedings were brought against her by a condo corporation. Counsel said the decision shows the courts are no longer patient with “overly aggressive approaches to condominium disputes.” ... [read more]

Thursday, October 03, 2019 @ 9:29 AM

Shift B.C. Indigenous child welfare focus from apprehension to family support, report says Elba Bendo, West Coast LEAF

It is time for a major revamp of how B.C.’s child welfare system interacts with Indigenous people, according to a report from a prominent legal advocacy group. The report from West Coast Women’s Legal Education & Action Fund (LEAF) argues the provincial government has failed to meet its obligations to provide adequate, accessible and culturally safe, prevention-based supports to Indigenous families. ... [read more]

Wednesday, October 02, 2019 @ 1:55 PM

Court rules Quebec’s back-to-work legislation unconstitutional

A Quebec court ruling that declared unconstitutional a special law that forced provincial government lawyers and notaries to put a halt to the longest Canadian strike by public civil servants may give them much needed ammunition to persuade the government to introduce binding arbitration, according to legal experts. ... [read more]

Wednesday, October 02, 2019 @ 12:28 PM

Judges’ departure from support guidelines must come with reasons, says family law prof Rollie_Thompson_sm

If judges in divorce proceedings are going to deviate from standard formulas for determining spousal support, they must give clear reasons as to why, says a legal mind of an Appeal Court granting indefinite support to a Saskatchewan woman.   ... [read more]

Wednesday, October 02, 2019 @ 9:35 AM

Violation of court order in Trans Mountain appeal ‘attack on the rule of law,’ judge says

The Federal Court of Appeal has ordered one of the First Nations involved in the appeal of Canada’s most recent approval of the contentious Trans Mountain pipeline expansion project to rewrite its application for judicial review, saying it made a “serious and deliberate” violation of the order granting leave. ... [read more]

Tuesday, October 01, 2019 @ 12:31 PM

Retrial ordered by Ontario Court of Appeal highlights ongoing issues with jury selection process Jeffery Couse

Just five days after the coming into force of Criminal Code amendments that abolish peremptory challenges of jurors and allow only a judge to determine challenges for cause of prospective jurors, the Ontario Court of Appeal once again highlighted the struggles of trial judges over the jury selection procedure that could be simplified by the changes in Bill C-75. ... [read more]

Tuesday, October 01, 2019 @ 9:20 AM

B.C. disability insurance decision commentary on access to justice, law prof says Toby Goldbach, UBC School of Law

The B.C. Court of Appeal has ruled a woman pursuing a disability insurance claim is entitled to special legal costs even though there was no improper conduct from the insurance company, a decision being called significant because it would allow trial courts to consider a litigant’s personal and financial circumstances when determining costs. ... [read more]

Monday, September 30, 2019 @ 12:48 PM

B.C. gets go-ahead to challenge Alberta’s turn-off-the-taps bill in Federal Court Eric Adams

Alberta’s punitive turn-off-the-taps law against British Columbia has been temporarily suspended but it will likely be struck down in the end, predicts a University of Alberta constitutional law professor. ... [read more]

Monday, September 30, 2019 @ 9:42 AM

New program helps self-represented navigate small claims court in Nova Scotia Heather de Berdt Romilly

Self-represented litigants in Nova Scotia’s small claims court are getting a big boost. The Legal Information Society of Nova Scotia (LISNS), in partnership with the court, has launched a navigator program to help individuals wend their way through the system and have support throughout the judicial process. ... [read more]

Friday, September 27, 2019 @ 11:41 AM

Newfoundland ‘backward’ in denying privacy commish privileged documents, says lawyer Michael_Karanicolas

Newfoundland’s government has taken a “strong step backward” in transparency, accountability and people’s right to access information by barring the province’s privacy watchdog from reviewing documents deemed confidential due to solicitor-client privilege, says an expert. ... [read more]