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Supreme Court of Canada

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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]

Friday, May 12, 2017 @ 11:11 AM

Public to get access to SCC judges’ debates after 50-year embargo Barbara Kincaid

Lawyers and judges interested in the Supreme Court’s internal debates on such hot-button issues as same-sex marriage and assisted suicide will be able to satisfy their curiosity ... in 37 and 48 years respectively, The Lawyer’s Daily has learned. ... [read more]

Thursday, May 11, 2017 @ 8:23 AM

Genetic Non-Discrimination Act creates fundamental change for insurance industry Brent Mizzen

Genetic discrimination is now banned in Canada. As of May 4, the Genetic Non-Discrimination Act bars anyone from requiring a person to take a genetic test or to reveal the results of one for the purpose of providing goods, services or entering into a contract. ... [read more]

Wednesday, May 10, 2017 @ 3:14 PM

Administrative law ruling from B.C. court clarifies 'internal standard of review' Lorne Neudorf

A pair of decisions from the British Columbia Court of Appeal may offer a glimpse into an important future area for administrative law. ... [read more]

Tuesday, May 09, 2017 @ 2:07 PM

Nova Scotia set to open first Gladue court

Nestled alongside Cape Breton’s breathtaking Bras d’Or Lakes sits the tiny Mi’kmaw First Nation community of Wagmatcook. It is home to roughly 700 people and it will soon be home to Nova Scotia’s first Gladue court. ... [read more]

Monday, May 08, 2017 @ 2:59 PM

Former Supreme Court justice joins Osler

Marshall Rothstein, former justice with the Supreme Court of Canada, is joining Osler, Hoskin & Harcourt LLP's Vancouver office. ... [read more]

Monday, May 08, 2017 @ 2:45 PM

New Brunswick passes controversial judicial residency bill David Smith

The New Brunswick government has passed into law a constitutionally suspect bill that impacts where federal trial judges can be appointed in the province and gives the cabinet a veto over judges’ requests for transfers. ... [read more]