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Wednesday, March 17, 2021 @ 8:43 AM

Agriculture gag laws: Feds move forward as lawsuit filed in Ontario Chickens cooped up

On March 9, 2021, Animal Justice, along with journalist Jessica Scott-Reid and activist/photographer Louise Jorgensen, filed a Charter challenge against Ontario’s problematic Security from Trespass and Protecting Food Safety Act and Regulations. Together, they claim that sections of the Act and Regulations suppress the voices of animal rights activists in a way that unconstitutionally violates the s. 2(b) Charter freedom of expression. ... [read more]

Tuesday, March 16, 2021 @ 3:06 PM

Judge erred in applying res judicata in house fire case, rules Ontario Court of Appeal

The Ontario Court of Appeal has clarified the limits of res judicata, issue estoppel and abuse of process in overturning a lower court decision in a legal battle between manufacturers over liability for an Ontario house fire. ... [read more]

Monday, March 15, 2021 @ 1:41 PM

Ascertaining witness, defendant locations in video trials Line drawing of woman's head emerging from computer screen

With new technologies, new challenges arise. The last year has seen adoption of technology in the court system on an unfathomable scale. Things which required in-person appearances for centuries transitioned to virtual appearances in a matter of weeks. The stresses were substantial but the growing pains have been largely beneficial. ... [read more]

Friday, March 12, 2021 @ 11:12 AM

Measuring effect of changes to Occupiers’ Liability Act | Rohan Haté

Anytime a change in legislation takes place, we have an opportunity to measure its effectiveness over time by looking at the immediate, short-term and long-term impacts that follow. ... [read more]

Thursday, March 11, 2021 @ 11:30 AM

Insurance issues need consideration when autonomous vehicles arrive on road Man using laptop in self-driving car

In January 2021 the Canadian Council of Insurance Regulators (CCIR) released a paper outlining certain major issues that will need to be addressed as connected and automated vehicles (CAVs) become increasingly prevalent. ... [read more]

Wednesday, March 10, 2021 @ 1:30 PM

The duty of courts to give adequate reasons Letters coming out of a pencil

Written reasons are the voice of a decision. They are the means by which a decision maker communicates the rationale for its decision. Their presence explains how and why a decision was made. Their absence creates the perception of arbitrariness in the exercise of judicial power. ... [read more]

Wednesday, March 10, 2021 @ 12:56 PM

Lessons from the pandemic | Jennifer Lynch and Margot Mary Davis

On March 11, 2020, the World Health Organization declared the COVID-19 outbreak a global pandemic. The pandemic drastically altered many individuals’ lives. People could no longer do many day-to-day activities like meet up with friends. The world went virtual. New terminology entered the lexicon like “social distancing” and “flattening the curve.”  ... [read more]

Wednesday, March 10, 2021 @ 9:47 AM

How we treat miscreants | John L. Hill

A program carried out at the Oak Ridge psychiatric centre has come to light in a lawsuit and a recently aired segment of CBC’s The Fifth Estate. The judgment in Barker v. Barker [2020] O.J. No. 2827 gives us insight on how a court will treat seemingly opposing views on treatment of prisoners.  ... [read more]

Tuesday, March 09, 2021 @ 2:11 PM

From a former moot hater: Do a moot | Kara Cao

When I first entered law school, mooting was the last thing on my to-do list. I remember doing a mini-moot in a three-week block course back in 1L. I can’t say I liked it at the time. I felt like it was over before I even realized what happened. Was I the appellant or respondent? I don’t even remember. This year however, I somehow talked myself into signing up for a credit moot. Although it was daunting for me in the beginning, it was definitely one of the best highlights of law school. Here are some things I learned through a moot and why you should consider doing one as well. ... [read more]

Monday, March 08, 2021 @ 3:21 PM

Lawyer/mom working from home in Quebec: What’s best next step? Smiling kids with masks on

More than 10 months ago, I wrote my first article for The Lawyer’s Daily. I recently reread the article and it made me smile. Time goes by so fast, everything changes so fast, especially in times of pandemic. For those of you who read it, I was concerned about the personal contact that educators would have with the children after the reopening of daycares, all the restrictions imposed and of course associated with the pandemic. ... [read more]