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Thursday, August 08, 2019 @ 11:36 AM

The man with the newspaper | Ron Dalton

One day a man gave me his used newspaper to read, he did the same for each of the next five days, hardly a monumental act of kindness but one which had an immediate and lasting impact on my life. It was the summer of 1988 and I had just been arrested for the murder of my wife, the mother of our three young children. I was sitting in a holding cell of the local RCMP detachment in a small rural Newfoundland town. ... [read more]

Thursday, August 08, 2019 @ 8:32 AM

Bifurcated ADR clauses: Better than nothing | Stuart Rudner

I have often encouraged members of the employment law bar to use alternative dispute resolution and arbitration in particular. After all, arbitration can address many of the common complaints about our civil justice system, including the fact that we do not have a specialized court. With arbitration, parties and their counsel can choose their judge and ensure it is someone with the specialized knowledge necessary to decide the case. ... [read more]

Wednesday, August 07, 2019 @ 8:55 AM

Rewrite needed for Ontario law society exams | Charlotte Cass

In late July, the Ontario Barrister and Solicitor exam results were released. One year ago, I wrote and miraculously passed both exams. I am now a lawyer. Sure, I am relieved and proud, but most I am resentful about the licensing exam process. ... [read more]

Tuesday, August 06, 2019 @ 12:01 PM

Big Tech complicit in silencing western voices against oppression abroad | Gurpatwant S. Pannun

We have been hearing about more and more individuals and small companies getting deplatformed, demonetized and shadow banned by Big Tech and social media. ... [read more]

Friday, August 02, 2019 @ 10:25 AM

Of mice and mens rea | Marcel Strigberger

An interesting story surfaced from our courts recently. Giant retailers such as Wal-Mart and Home Depot are apparently selling mouse and rat traps that contain glue. Toronto lawyer Sandra Schnurr, founder of a group known as Canadians for Animal Protection, filed a notice of application to ban these retailers and others, such as Canadian Tire, from selling these traps, arguing they are abusive in that they result in an agonizing and prolonged death to the animals. ... [read more]

Friday, August 02, 2019 @ 8:27 AM

In-house counsel should lead charge against legal aid cuts | Julius Melnitzer

The deafening silence from in-house counsel and their professional associations about the Ford government’s $130 million in cuts to Legal Aid Ontario is nothing less than shameful. ... [read more]

Tuesday, July 30, 2019 @ 2:36 PM

Coming to courtrooms near you: ‘Mulligan’ doctrine | Lawrence David

A quirky common law doctrine has been bubbling in the lower courts and, thanks to the Supreme Court of Canada’s (SCC) endorsement, is poised to hit the Canadian legal mainstream: this is the “mulligan” doctrine.   ... [read more]

Tuesday, July 30, 2019 @ 8:50 AM

Election date ruling a good day for democracy | David Elmaleh

Canada’s upcoming nationwide election is scheduled on a day of religious significance to the country’s Jewish community — Shemini Atzeret. On July 23, 2019, in a stunning (and correct) decision, the Federal Court breathed fresh life into Canadian democracy when it ordered the Chief Electoral Officer (CEO) to reconsider his decision not to recommend moving the election date from the Oct. 21 holiday (Chani Aryeh-Bain et al. v. Chief Electoral Officer of Canada 2019 FC 964). ... [read more]

Monday, July 29, 2019 @ 12:48 PM

No surprises in SCC courts martial decision | Richard Pound

While the outcome of the litigation in R. v. Stillman 2019 SCC 40 may have been disappointing for the litigants, it should have come as no surprise to their counsel. This was not the first time that the Charter has been invoked in an effort to avoid the trial of certain offences before military tribunals. ... [read more]

Friday, July 26, 2019 @ 8:40 AM

Chief Electoral Officer told to reconsider federal election date | Heather MacIvor

On July 23, Justice Ann Marie McDonald of the Federal Court ordered Canada’s Chief Electoral Officer (CEO) to reconsider his decision not to recommend postponing the fall general election (Chani Aryeh-Bain et al. v. Chief Electoral Officer of Canada 2019 FC 964). ... [read more]