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Supreme Court of Canada

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Thursday, April 20, 2017 @ 12:48 PM

Top court makes changes to Law Clerk Program

The Supreme Court of Canada has made changes to its Law Clerk Program. ... [read more]

Thursday, April 20, 2017 @ 8:44 AM

Norton's Melchers named fellow of Litigation Counsel of America

Montreal attorney Sophie Melchers of Norton Rose Fulbright has been selected as a fellow of the Litigation Counsel of America. ... [read more]

Wednesday, April 19, 2017 @ 3:26 PM

Requiring written reasons in sex assault cases will add to court delays, CBA warns Jennifer Koshan

A private member’s bill that would mandate training in sexual assault law for would-be judges, along with written reasons in sexual assault cases, has “laudable” aims but would add to court delays if passed, warns the Canadian Bar Association (CBA). ... [read more]

Tuesday, April 18, 2017 @ 6:28 PM

Experts urge N.B. to compromise on job transfers for federal judges David Smith

The Canadian Superior Courts Judges Association (CSCJA) said a bill that would give the New Brunswick government the new power to veto the judiciary’s decisions on job transfers for federal trial judges within the province does not violate judicial independence — notwithstanding strong constitutional doubts expressed by several academics and the New Brunswick branch of the Canadian Bar Association (CBA-NB). ... [read more]

Monday, April 17, 2017 @ 10:57 AM

Activists set sights on repeal of Ontario's homeless law Dan Ciarabellini

Nearly two decades after making a constitutional challenge to Ontario’s Safe Streets Act, Peter Rosenthal is taking another shot. ... [read more]

Thursday, April 13, 2017 @ 6:50 PM

Updated: Feds introduce cannabis legislation, overhaul of drunk driving laws Jody Wilson-Raybould

In a move expected to spark Charter challenges, the Liberal government has used the cannabis legislation it introduced today to propose an overhaul of the country’s drunk driving laws, as well as creating new offences and powers to combat drug-impaired driving. ... [read more]

Thursday, April 13, 2017 @ 3:45 PM

Feds introduce cannabis legislation, overhaul of drunk driving laws Jack Lloyd

In a surprise move expected to spark Charter challenges, the Liberal government has used the cannabis legislation it introduced today to propose a major overhaul of the country’s drunk driving laws, as well as creating new drug-impaired driving offences. ... [read more]

Wednesday, April 12, 2017 @ 6:26 PM

Lawyers seek answers to burning questions over new cannabis law Sean Robichaud

When Ottawa unveils its framework legislation to legalize recreational marijuana use, lawyers will be looking at what the proposed federal laws have to say about cannabis pricing, marketing, distribution and allowable products — but also at the criminal and regulatory jeopardy the government proposes for sellers and users who transgress the new rules. ... [read more]

Wednesday, April 12, 2017 @ 1:37 PM

Grammond honoured for legal writing

The University of Ottawa’s Sébastien Grammond has won the 2016 David Walter Mundell Medal for excellence in legal writing. ... [read more]

Wednesday, April 12, 2017 @ 8:44 AM

PRESCRIPTION - Acquisitive prescription - Civil Code of Québec - Immovable - Mandatory judicial demand - Possession

Appeal from a judgment of the Quebec Court of Appeal affirming a decision dismissing Ostiguy and Savard’s application for an injunction. The parties were owners of contiguous lots on which their respective chalets were located. Between 1994 and 2011, the respondent, Allie, and her family used one or two parking spaces situated on the property of their then neighbour in full view of everyone, and no objection to their doing so was raised. In 2011, the appellants, Ostiguy and Savard, purchased this neighbouring lot. A few months after taking possession of their property, they applied for an injunction to stop Allie from parking vehicles on it. Allie replied that she had acquired the two parking spaces through 10 year prescription. The trial judge agreed with her in part, holding that the evidence showed that she had acquired by prescription one of the two parking spaces she claimed. The Court was called upon to decide whether acquisitive prescription could be set up against a new owner whose title was registered in the land register before the possessor’s right was asserted in court. In the Court of Appeal, the majority answered this question in the affirmative and dismissed the appeal. ... [read more]