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Wednesday, February 05, 2020 @ 9:06 AM

Top 10 business decisions of 2019: From bankruptcy to beer top_ten_sm

To kick off the new year right, here is a listing of the Top 10 business decisions in Canada for 2019. The listing will be in the form of a two-part series, which begins below with numbers 6-10, in ascending order. ... [read more]

Friday, January 31, 2020 @ 8:38 AM

Quebec decision: Arbitral awards are judgments arbitration_icon_sm

In Société générale de Banque au Liban SAL v. Itani 2019 QCCS 5266, Justice Dominique Poulin held that Quebec’s 10-year prescription period applied to applications to recognize and enforce arbitration awards made outside of Quebec. ... [read more]

Thursday, January 30, 2020 @ 8:34 AM

Overincarceration of Indigenous peoples nothing short of genocide | Pamela Palmater

Canada’s colonial objectives have always been to clear the lands for settlement and development by whatever means necessary. ... [read more]

Thursday, January 23, 2020 @ 12:51 PM

Law not always fair to litigants who retain counsel | Gary Joseph

Recently I commented on what I perceived to be issues arising from the increasing presence of self-represented litigants in family law matters. In that column I commented on the Canadian Judicial Council’s Statement of Principles. I raised concerns with respect to these principles. I stated the following: ... [read more]

Wednesday, January 22, 2020 @ 9:57 AM

Courts moving to adopt written gowning requirements that accommodate counsel’s ‘personal circumstances’ Sabrina Bandali

The Supreme Court of Canada and Federal Court of Appeal are considering — and the Federal and Tax Courts will soon move ahead with — requests from the bar that they adopt written gowning requirements expressly accommodating counsel whose personal circumstances, such as a medical condition, disability or pregnancy, make it hard to don the usual courtroom attire. ... [read more]

Tuesday, January 21, 2020 @ 10:19 AM - Last Updated: Tuesday, January 21, 2020 @ 11:18 AM

SCC’s Wagner, Moldaver and Martin key to majorities in 2019 as top court divides in most judgments TLD Exclusive

Justices Michael Moldaver and Sheilah Martin and Chief Justice Richard Wagner were at the core of most Supreme Court of Canada majorities in 2019, an analysis of the nine judges’ voting patterns by The Lawyer’s Daily reveals. ... [read more]

Monday, January 20, 2020 @ 2:10 PM

Amicus curiae in private family law cases puzzle_piece_sm

The Ontario Court of Appeal has enunciated the principles governing the appointment of amicus curiae (friend of the court) in private family law cases — and the message from Morwald Benevides v. Benevides 2019 ONCA 1023 is unequivocally that appointments in such cases should be the exceptions to the rule. ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Monday, January 13, 2020 @ 2:52 PM

The impact of self representation: Long-term views | Gary Joseph

Much of the debate surrounding the tidal wave of self representation has focused on the difficulties posed by untrained individuals before the courts. Cases, previously advanced on the basis of fact and law, now often become overly emotional battlefields for the vetting of marital discord. Separated spouses can be subjected to aggressive and unnecessary cross-examination by a self-represented individual and judges, vexed between neutral adjudication, maintaining the dignity of proceedings and fair treatment to all, are being drawn into the process in a manner not consistent with their historical common law role. ... [read more]

Friday, January 10, 2020 @ 6:24 AM

Environmental controversies take centre stage as Supreme Court of Canada opens winter session SCC

The constitutionality of Ottawa’s carbon pricing regime and Ontario’s sex offender registry are both under the microscope in the Supreme Court of Canada’s winter session, which will also examine whether British Columbia can validly make environmental regulations that could impede the planned expansion of the controversial Trans-Mountain (TMX) pipeline. ... [read more]