Focus On



Monday, December 09, 2019 @ 9:36 AM

Administrative adjudicators can be removed from cases that are in deliberation, court rules Jöel Roy

In an unusually public and legal tiff between two arbiters of Quebec’s disciplinary process, Quebec Superior Court ruled that the chair of Quebec’s disciplinary council of presidents has the power to remove cases, even in deliberation, from administrative adjudicators who take too long to render judgment. ... [read more]

Friday, December 06, 2019 @ 1:21 PM

New B.C. Indigenous rights legislation called ‘crucial step’ toward reconciliation Merle Alexander, Miller Titerle & Co.

British Columbia is entering a new phase in its relationship with its First Nations following the adoption of a bill to align its laws with the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and legal observers are saying, despite the fact that the legislation leaves some questions as to the details of what adopting the declaration will look like, it will create more certainty on issues of consent and collaboration and may lead to less reliance on the court system to resolve disputes. ... [read more]

Friday, December 06, 2019 @ 10:35 AM - Last Updated: Friday, December 06, 2019 @ 3:55 PM

Gov’t’s indemnity doesn’t insulate ex-paper mill owners from costs to monitor, maintain waste disposal site Supreme Court Justice Rosalie Silberman Abella

The Supreme Court of Canada has ruled 4-3 that two former owners of a northern Ontario pulp and paper mill which polluted nearby rivers with mercury are not insulated by a 1985 indemnity signed by the Ontario government from paying the costs to monitor and maintain a mercury disposal site, as ordered in 2011 by the Director of the Ministry of Environment. ... [read more]

Friday, December 06, 2019 @ 8:57 AM

NL survivors of sexual violence get help on legal journey Kevin O’Shea

Funding for The Journey Project, a legal support program for survivors of sexual violence, is coming to an end. However, Kevin O’Shea, executive director of the Public Legal Information Association of Newfoundland and Labrador (PLIAN), is optimistic the three-year pilot program is sustainable. ... [read more]

Thursday, December 05, 2019 @ 12:01 PM

B.C. aiming to make appellate court rules and procedures clearer, easier to navigate

B.C. is looking for the public’s input on proposed changes to the rules and procedures of the provincial Court of Appeal, saying the current rules are out of date and confusing to both litigants and lawyers alike. The Ministry of the Attorney General is proposing amendments to the Court of Appeal Act and the Court of Appeal Rules. The most recent revision of the Act and rules occurred in 1996 and, as a result, the government says modernization is needed. ... [read more]

Thursday, December 05, 2019 @ 9:24 AM

LIZ launches global initiative to help legal tech entrepreneurs Chris Bentley and Hersh Perlis sm

Ryerson’s Legal Innovation Zone (LIZ) is branching out by launching a “globally accessible, interactive online, four-part service” for entrepreneurs growing their legal tech business. According to an announcement made on Dec. 4, the service includes two new programs, Concept Framework and Sprint Lab, as well as two programs already in place, Innovator’s Canvas and the LIZ’s incubator. ... [read more]

Wednesday, December 04, 2019 @ 1:27 PM

Compelling circumstances unclear after court cancels parent’s interim move: lawyer Joanne_Moser_sm

A Saskatchewan court has clouded the extent to which compelling circumstances are needed to allow a divorcing parent to move away with their children pending trial in its quashing of an interim order given to an impoverished mother of three wanting to relocate closer to her family, says her lawyer. ... [read more]

Wednesday, December 04, 2019 @ 9:41 AM

Sidewalk slip-and-fall case may be headed to B.C. Court of Appeal over duty of care argument

A B.C. judge has ruled against a man who argued a “novel” duty of care for pedestrians should be established in circumstances where a property owner does not properly clear a sidewalk, an issue that may find itself before the provincial Court of Appeal. ... [read more]

Tuesday, December 03, 2019 @ 1:35 PM

Issue of consent key in overturning of unlawful confinement conviction Cristina Candea

The Ontario Court of Appeal’s recent decision to overturn the conviction of a couple accused of unlawfully detaining thieves on their property shows the importance of proving lack of consent in unlawful containment cases, say lawyers. On Nov. 15, the province’s highest court overturned the convictions of Sylvain and Olga Lahaie in R. v. Lahaie 2019 ONCA 899. ... [read more]

Tuesday, December 03, 2019 @ 9:42 AM

Quebec bill that would require ID cards ‘abusive,’ lawyer says Michel_Marchand

To the consternation of criminal lawyers and the Quebec law society, a bill introduced by the Quebec government that seeks to modernize the province’s penal justice system hands peace officers new discretionary powers that would allow them to require identification and would sanction warrantless entry under “urgent circumstances” into a dwelling. ... [read more]