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Friday, June 16, 2017 @ 6:25 AM

Ontario Court of Appeal upholds City of Toronto hookah ban

The Ontario Court of Appeal has upheld the City of Toronto's ban on hookah lounges. ... [read more]

Thursday, June 15, 2017 @ 5:15 PM

SCC okays zero tolerance drug policy for safety-sensitive workplaces Peter Gall

In a boost for employers with “zero tolerance” drug and alcohol policies in their safety-sensitive workplaces, the Supreme Court has upheld the automatic termination of a cocaine-addicted heavy machinery operator who was fired after he got into an accident at a coal mine. ... [read more]

Thursday, June 15, 2017 @ 8:39 AM

Appeal court stresses importance of full disclosure in franchise agreements Milton Davis

The Ontario Court of Appeal has ruled that a motion judge erred in determining a franchisor gave sufficient disclosure to a franchisee in the sale of an Active Tire franchise. The Court of Appeal decided that the franchisee is entitled to rescind the agreement as they were not provided a complete disclosure document. ... [read more]

Thursday, June 15, 2017 @ 6:26 AM

Judge Turpel-Lafond says Canada's justice systems should be ‘Indigenized’ Exclusive

The Saskatchewan provincial court judge viewed as a leading candidate to become the first Indigenous justice of the Supreme Court says ending the “incredible systemic racism” she sees every day from the bench requires “Indigenizing” the criminal justice and child welfare systems far beyond appointing a few more Indigenous judges. ... [read more]

Wednesday, June 14, 2017 @ 2:44 PM

Senate issues blueprint to reduce court delays George Baker

A Senate Committee has made 50 recommendations targeting court delays, including replacing judicial stays of proceedings in serious cases with sentence reductions, costs or other remedies for unreasonable trial delays; same-day replacement of judges who retire; and eliminating or restricting preliminary inquiries. ... [read more]

Wednesday, June 14, 2017 @ 9:39 AM

Electronic long motions pilot program to launch in Ontario Superior Court of Justice

Superior Court of Justice locations in Ontario’s Central East Region will be participating in a pilot program that will make electronic versions of long motions available to judges. ... [read more]

Wednesday, June 14, 2017 @ 6:26 AM

B.C. case highlights scope of solicitor-client privilege

The British Columbia Court of Appeal has allowed an appeal in a case involving the release of e-mails that were deemed under the scope of solicitor-client privilege. ... [read more]

Tuesday, June 13, 2017 @ 11:53 AM

Top Manitoba judge says chief justices must work with government to solve problems Exclusive

Chief justices are not “potted plants” who must sit silently by and leave it up to governments to deal with court delays and other serious problems in the legal system, says a Manitoba chief justice, whose efforts to reform the preliminary inquiry sparked a professional misconduct investigation — and recent vindication — by the Canadian Judicial Council (CJC). ... [read more]

Tuesday, June 13, 2017 @ 9:06 AM

Law society can't be sued for negligent investigation, Ontario Court of Appeal rules

The Ontario Court of Appeal has upheld a lower court decision that struck a claim for negligent investigation in a lawsuit against the Law Society of Upper Canada. ... [read more]

Tuesday, June 13, 2017 @ 9:00 AM

Use of 'crumbling skull' doctrine leads to new trial in B.C. court

The British Columbia Court of Appeal has ordered a new trial in a personal injury case, finding that “the use of the phrase ‘crumbling skull’ to describe a plaintiff’s condition is, in any event, rarely helpful” and that complete analysis by the court is required. ... [read more]