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Wednesday, August 01, 2018 @ 9:20 AM

B.C. Law Society adopts Truth and Reconciliation Action Plan, commits to Indigenous representation on committees Law Society of British Columbia bencher Dean Lawton

The Law Society of British Columbia (LSBC) has outlined what steps it plans to take over the next few years to change its relationship with Indigenous people in the province. ... [read more]

Tuesday, July 31, 2018 @ 11:52 AM

Role of intermediaries needs to be redefined in defamation law reform, panel says Hilary Young, Christina Angelopoulos, Bram Abramson sm

The traditional concept of the publisher, and who is responsible for defamatory content, has drastically changed with the advent of the Internet. Now that the ability to “publish” is available to anyone with Internet access, the role that intermediaries play in disseminating information begs the question: should they be held liable? ... [read more]

Tuesday, July 31, 2018 @ 9:22 AM

B.C. Appeal Court: Lower court ruling on construction liability ‘unsatisfactory, if not unjust’ Michael Morgan, Lawson Lundell LLP

The B.C. Court of Appeal has ruled the builder of a home that had a number of defects was still liable for repair costs despite the property’s ownership changing hands and the previous owner paying for the repairs, a decision the plaintiff’s lawyer says is important as it illustrates that a wrongdoer should not be able to “get off the hook” for carelessness due to a transaction that look place after the wrong occurred. ... [read more]

Monday, July 30, 2018 @ 11:20 AM

Lobster captains may be liable for bait infractions by crews, says lawyer

Maritime fishing skippers must be aware they could be held responsible for regulation infractions by their crew members, says a lawyer after a lobster captain was pinched for illegally using female crabs as bait. At the centre of the July 19 Prince Edward Island Court of Appeal decision in Griffin v. R. 2018 PECA 21 sat Kenneth Griffin, a licensed lobster fisherman convicted of using female rock crabs as bait, thus breaking rules laid out in the Atlantic Fisheries Regulations and the Fisheries Act. ... [read more]

Monday, July 30, 2018 @ 9:22 AM

Decision in fracking suit shows importance of assessing general knowledge in patent cases: lawyer Jenna Wilson, Wilson Lue LLP

A recent Federal Court of Appeal decision that overturned a lower court patent infringement ruling is being called illustrative of how a mistake in determining the common general knowledge of a person of an ordinary skill of the art (POSITA) in patent cases can have a “cascading effect” on other parts of the decision. ... [read more]

Friday, July 27, 2018 @ 11:56 AM

No CSIS warrant for foreign intelligence gathering the proper call, says lawyer Craig_Scott_sm

If Canada’s spies are to gather foreign intelligence from outside the nation as part of investigating non-threat targets, the green light must ultimately come from Parliament. This is what one legal mind says following the Federal Court’s refusal to grant a warrant to the Canadian Security Intelligence Service (CSIS) for “extraterritorial” activities that are forbidden under provisions governing the spy agency. ... [read more]

Friday, July 27, 2018 @ 9:53 AM - Last Updated: Friday, July 27, 2018 @ 1:10 PM

CRA’s decision on relief from filing deadlines ‘unreasonable and incorrect’, court rules Justin Kutyan sm

In a 2-1 decision, the Federal Court of Appeal has allowed the appeal of a private corporation seeking relief from a filing requirement under the Income Tax Act. The dissent, written by Justice David Stratas, was critical of the Minister of National Revenue’s failure to interpret the Act and that, as an independent reviewer, the judge is not the minister’s “adviser, thinker, or ghostwriter.” ... [read more]

Thursday, July 26, 2018 @ 10:18 AM

Ontario court ruling reflects need for changing charity laws: lawyer Susna_Manwaring_sm

The actions of registered charities have changed over the years and laws must evolve with them, says a lawyer following a court decision striking down tax law limiting a group’s anti-poverty advocacy. The July 16 Ontario Superior Court of Justice decision in Canada Without Poverty v. Canada (Attorney General) 2018 ONSC 4147 pitted registered charity Canada Without Poverty (CWP) against the Canada Revenue Agency (CRA) in a battle over how much nonpartisan advocacy the WCP can do without being penalized. ... [read more]

Thursday, July 26, 2018 @ 9:29 AM

CCLA, criminal lawyers raise red flags as Toronto approves increased surveillance Michael Bryant sm

Michael Bryant knows there’s a lot of fear in Toronto right now. “It feels more dangerous today, but the reality is that gun violence is not a prevalent risk for Canadians,” the executive director of the Canadian Civil Liberties Association (CCLA) said. Bryant and the CCLA have raised the alarm over the City of Toronto’s plan to increase surveillance and incorporate new audio technology, created by ShotSpotter, that is meant to detect gunfire through microphones placed on the city’s streets. ... [read more]

Wednesday, July 25, 2018 @ 11:46 AM - Last Updated: Wednesday, July 25, 2018 @ 3:07 PM

Automobile insurance changes need significant revamp: B.C. trial lawyers John Rice, secretary/treasurer, Trial Lawyers Association of British Columbia

The organization representing trial lawyers in British Columbia has added its voice to the groups urging the provincial government to alter its controversial changes to automobile insurance. ... [read more]