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Supreme Court of Canada

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Tuesday, May 23, 2017 @ 9:11 AM

Updated: MPs pass sex assault training bill but bumpier ride coming in Senate Serge Joyal

Liberal Sen. Serge Joyal said he is surprised that Justice Minister Jody Wilson-Raybould and her government support a Conservative judicial training bill that critics warn impinges on judicial independence and could further delay judicial appointments to the backlogged superior courts. ... [read more]

Tuesday, May 23, 2017 @ 8:51 AM

Revamped procurement legislation to be proclaimed in NL

Greater transparency and greater fairness are at the heart of new procurement legislation expected to come into force in Newfoundland and Labrador later this year. ... [read more]

Friday, May 19, 2017 @ 9:13 AM

“Stealthing” and the law: Is it sexual assault? Anne London-Weinstein

“Stealthing” is the new sexual assault - a crime by any other name, say Canadian lawyers - that adds another twist to current issues of consent in cases of sexual violence. The practice - not rape, but “rape-adjacent”, as one victim put it - refers to partners who during consensual sex with a condom surreptitiously remove the prophylactic, or cause it to be removed. ... [read more]

Thursday, May 18, 2017 @ 12:51 PM

Counsel to get remote access to embargoed SCC judgments Supreme Court of Canada

The Supreme Court of Canada has decided to give the lawyers who argue its most newsworthy appeals an advance look — under embargo — at the ensuing judgments. ... [read more]

Wednesday, May 17, 2017 @ 3:20 PM

Does Canada’s military justice system need an update? | Tim Dunne

Defence and security analyst and writer Tim Dunne disagrees with Judge Advocate General (JAG) Blaise Cathcart, who in a May 7 interview with The Lawyer’s Daily, rejected any suggestion that the military justice system needs substantial reform. ... [read more]

Tuesday, May 16, 2017 @ 3:24 PM

B.C. Court of Appeal dismisses former CFL player’s concussion lawsuit Robyn Wishart

The British Columbia Court of Appeal has dismissed a lawsuit by a former Canadian Football League (CFL) player against the league after he alleged it failed to provide safe working conditions when he sustained a head injury while playing football in 2012. ... [read more]

Monday, May 15, 2017 @ 10:32 AM

Two judges appointed to N.L. Supreme Court

Federal Justice Minister Jody Wilson-Raybould on Friday announced the appointments of two judges to the Trial Division of the Supreme Court of Newfoundland and Labrador. ... [read more]

Friday, May 12, 2017 @ 4:22 PM

Personal costs against defence counsel reserved for ‘serious misconduct’: SCC Clément Gascon

In a case some feared could chill zealous advocacy, the Supreme Court has restored a $3,000 personal costs award made against a Quebec defence counsel who was found to have filed “unfounded and frivolous” bias motions against a judge in order to get the adjournment the judge incorrectly denied during an impaired driving case. ... [read more]

Friday, May 12, 2017 @ 3:13 PM

Prosecutor Riley named B.C. Supreme Court judge

Minister of Justice Jody Wilson-Raybould announced on May 12 that Paul Riley, senior general counsel with the Public Prosecution Service of Canada, has been appointed a judge of the Supreme Court of British Columbia in Vancouver. ... [read more]

Friday, May 12, 2017 @ 1:21 PM

BARRISTERS AND SOLICITORS - Liability - Conduct of action - Liability for costs

Appeal by the Director of Criminal and Penal Prosecutions from a judgment of the Quebec Court of Appeal setting aside in part a decision awarding costs against a lawyer personally in a criminal proceeding. Jodoin was an experienced criminal lawyer and a member of the Barreau du Québec. In several impaired driving cases joined for hearing on a single motion for disclosure of evidence, Jodoin filed two series of motions on the same day for writs of prohibition against two judges of the Court of Québec, each time on questionable grounds of bias. Before the disclosure hearing even began, Jodoin had the office of the Superior Court stamp a series of motions for writs of prohibition in which he challenged the jurisdiction of the Court of Québec judge who was to preside over the hearing, alleging bias on the judge’s part. His motions were put aside after the parties learned that another judge would be presiding over the hearing instead. During a break in the hearing, Jodoin drew up a new series of motions for writs of prohibition, this time challenging the second judge’s jurisdiction and alleging, once again, bias on the judge’s part after he rejected Jodoin’s objection to the Crown calling its expert witness. In response to that unprecedented strategy, which resulted in the postponement of the hearing in the Court of Québec, the Crown asked not only that the motions be dismissed, but also that the costs of the motions be awarded against the respondent personally. The Superior Court held that awarding costs against a lawyer personally could be justified in the case of a frivolous proceeding that denoted a serious and deliberate abuse of the judicial system. The judge expressed the opinion that Jodoin’s intentional acts were indicative of such abuse and constituted exceptional conduct that justified making an award against him personally. The Court of Appeal agreed that the motions for writs of prohibition should be dismissed, but nonetheless set aside the award of costs against Jodoin personally, finding that his conduct did not satisfy the strict criteria developed by the courts in this regard. ... [read more]