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Monday, October 01, 2018 @ 9:31 AM

There’s a new sheriff in town and it’s called White Burgess | Patrick Brown

For those advancing and defending personal injury claims, counsel beware. There is a new sheriff in town and it is called White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23. Since the decision came down from the Supreme Court outlining when to exclude expert evidence, there have been a number of decisions knocking out experts and their opinions. ... [read more]

Wednesday, September 26, 2018 @ 8:48 AM

New immigration system to accept 20,000 parents, grandparents | Colin Singer

Canada will once again change the way it selects candidates under the Parents and Grandparents Sponsorship Program in 2019. ... [read more]

Tuesday, September 25, 2018 @ 8:35 AM

Condemnation of World Anti-Doping Agency misdirected | Richard Pound

In November 2015, the World Anti-Doping Agency (WADA) declared the Russian Anti-Doping Agency (RUSADA) to be non-compliant with the World Anti-Doping Code, the result of a WADA investigation that identified widespread corruption in RUSADA’s activities. This led to removal of the Moscow laboratory director, withdrawal of WADA’s accreditation of the laboratory and suspension of the Russian athletics federation by IAAF, the governing international federation. ... [read more]

Thursday, September 20, 2018 @ 8:43 AM

The Coach: Your people, cost or investment? | Gary Mitchell

Many of my clients struggle with this question when taking a look at ways to grow their practice or firm. Whether you are in solo practice or heading a large international firm, my answer remains the same. Here is how I help them determine the difference. ... [read more]

Wednesday, September 19, 2018 @ 8:29 AM

A royal solution to notwithstanding clause debacle | Christopher Williams and Maureen Williamson

The Government of Ontario is in the process of making use of the notwithstanding clause set out in s. 33 of the Constitution Act, 1982 in order to re-enact aspects of the Better Local Government Act, 2018 as Bill 31 (renamed, the Efficient Local Government Act) to protect those sections reducing the size of Toronto’s city council from the same legal challenge as was met by its predecessor. ... [read more]

Tuesday, September 18, 2018 @ 3:17 PM

Think outside the box: Arbitrating family law disputes | John-Paul Boyd

A recent study of lawyers’ views on dispute resolution processes by the Canadian Research Institute for Law and the Family showed that arbitration is used to resolve family law cases far less often than litigation, mediation and collaborative negotiation are used. I suspect that regional variations in the use of arbitration versus litigation may correlate to the delays respondents experience getting before a judge: in Alberta, where delays are legendary, 88.7 per cent of respondents use litigation in their practice while 38.7 per cent use arbitration; in Nova Scotia, on the other hand, 100 per cent of respondents use litigation and only 7.7 per cent use arbitration. ... [read more]

Monday, September 17, 2018 @ 9:03 AM

It's up to Indigenous, environmental groups to protect public interest | Pamela Palmater

Despite objections from some of the Indigenous groups about the consultation process, the Federal Court of Appeal (in Tsleil-Waututh Nation et al v. Canada (Attorney General) 2018 FCA 153) held that Canada acted in good faith and that the consultation framework it used was appropriate. ... [read more]

Thursday, September 13, 2018 @ 8:50 AM

Toronto municipal election 2018: chaos, notwithstanding | John Mascarin and Monica Ciriello

Justice Edward P. Belobaba’s ruling in City of Toronto et al. v. Ontario (Attorney General) 2018 ONSC 5151 received an unusually early morning release on Sept. 10, 2018. The City of Toronto (City) and several candidates and electors who challenged the constitutional validity of the Better Local Government Act, 2018 (Bill 5) were initially jubilant because a number of provisions of the statute that reduced the number of wards in the City of Toronto for the upcoming municipal election from 47 to 25 were held to be unconstitutional. ... [read more]

Wednesday, September 12, 2018 @ 1:54 PM

Ontario ‘sex-ed’ needed reform and parents should be glad | André Schutten and John Sikkema

Ontario parents and child rights advocates should applaud the Ford government’s repeal of the latest sexual health curriculum. The Wynne government’s curriculum needed reform for so many reasons, of which we will discuss three.   ... [read more]

Tuesday, September 11, 2018 @ 1:38 PM

Does Premier Ford see the Constitution as merely a speed bump? | Heather MacIvor

On September 10, Superior Court Justice Edward Belobaba set aside the electoral map imposed on the City of Toronto by the Ontario Legislature in mid-August (City of Toronto et al v. Ontario (Attorney General), 2018 ONSC 5151). He held that doubling the number of voters in each ward halfway through the campaign period violated the Canadian Charter of Rights and Freedoms. As expected, Premier Doug Ford announced that he would appeal Belobaba’s ruling. Then he stunned most observers by declaring that he would use the Charter’s notwithstanding clause (s. 33) to re-impose the electoral map that had been declared unconstitutional. This was not the Ford Government’s first defeat in the Superior Court. ... [read more]