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Thursday, June 06, 2019 @ 12:42 PM

Consent required for divorced party’s use of embryo: court Shantona Chaudhury sm

In a dispute over the use of an in vitro embryo with no genetic ties to either party, the Ontario Court of Appeal allowed the appeal of an ex-husband to withdraw consent of use from his ex-wife, who wished to have a second child. The court determined that under the Assisted Human Reproduction Act and the Assisted Human Reproduction (Section 8 Consent) Regulations, divorced parties maintain their “donor couple” status and consent can be withdrawn. ... [read more]

Thursday, June 06, 2019 @ 10:49 AM

Time to update Alberta’s international commercial arbitration rules: law reform institute Sandra Petersson, executive director, Alberta Law Reform Institute

The Alberta Law Reform Institute (ALRI) is calling on the provincial government to change its commercial arbitration law in order to keep it up to date with current international standards. ... [read more]

Thursday, June 06, 2019 @ 9:30 AM

Ontario Court of Appeal ruling upends commercial leasing law

Although neither party raised the legal provision in the case, the Ontario Court of Appeal has changed a law regarding commercial leasing by referring to a section of the province’s Commercial Tenancies Act (CTA) whose origins in Ontario date back to 1895. ... [read more]

Wednesday, June 05, 2019 @ 12:40 PM

Montreal man who killed ailing wife to serve two years in prison

In a case that drew province-wide attention over the fate of caregivers and Quebec’s health system in the face of an aging population, a Montreal man who was found guilty of manslaughter for killing his ailing wife in what he argued was a compassionate killing was sentenced to serve two years in prison, minus a day. ... [read more]

Wednesday, June 05, 2019 @ 9:59 AM - Last Updated: Wednesday, June 05, 2019 @ 3:01 PM

Law groups welcome MMIWG report, pledge to consider and reflect on inquiry’s ‘Calls for Justice’ Marion Buller

Bar groups and legal regulators are welcoming the sweeping final report and recommendations of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) — although it remains to be seen how much the bar and bench will do to implement the inquiry’s demands, including that regulators mandate (and enforce) Indigenous cultural competence training with respect to lawyers and judges. ... [read more]

Tuesday, June 04, 2019 @ 1:02 PM

Bail system problems not enough to warrant stay, Alberta Appeal Court rules Lisa Silver, University of Calgary faculty of law

The Alberta Court of Appeal has overturned a lower court decision which issued a stay of charges against a man accused of assault, a decision a legal expert is saying highlights issues with delay in the province’s bail hearing system. ... [read more]

Tuesday, June 04, 2019 @ 12:14 PM

Clarity, education key in protecting lawyer-client privilege, panel says Judy Naiberg

In-house counsel should educate business partners on what lawyer-client privilege means in order to help protect said privilege, speakers at the 2019 Canadian Corporate Counsel Association (CCCA) National Conference explained, while outlining best practices for e-mails, meetings, cross-border travel and what to do in a raid. ... [read more]

Tuesday, June 04, 2019 @ 9:27 AM

B.C. Attorney General says new process for family law disputes aimed at reducing burden on courts

People dealing with family law issues at provincial court in Victoria, B.C., now have a new approach to help them resolve their disputes, and the province’s Office of the Attorney General is saying the initiative may be rolled out to other courts if successful. ... [read more]

Monday, June 03, 2019 @ 11:47 AM

Failure to provide jury instruction on prior consent statements ‘fatal error,’ court rules Anil Kapoor sm

The Ontario Court of Appeal has ordered a new trial in an assault case due to lack of jury instruction on prior consent statements. The court determined that the trial judge’s failure to provide a limiting instruction was a “fatal error.” ... [read more]

Monday, June 03, 2019 @ 9:58 AM

Manitoba’s need for judicial speed must not trump quality criminal defence, lawyer says Christopher_Gamby_sm

Manitoba’s ongoing strategy to speed up its criminal justice system is a positive step toward better efficiency, but care must be taken to not jeopardize the quality of legal defence for those going through it, says a voice for defence lawyers in the province. ... [read more]