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Friday, November 08, 2019 @ 12:40 PM - Last Updated: Friday, November 08, 2019 @ 4:50 PM

Offenders ‘generally’ don’t have to repay crime proceeds that were authorized to be spent on legal defence: SCC Sheilah Martin

In a major win for the defence bar and their clients, the Supreme Court of Canada has ruled 6-3 that sentencing judges generally should not order an offender to repay, by way of fine in lieu of forfeiture, the proceeds of crime that the accused has already spent, with court authorization, on his reasonable legal defence costs. ... [read more]

Friday, November 08, 2019 @ 12:33 PM

Benefit corporations: Legislators should tread lightly good_corporation_sm

The advent of the burgeoning benefit corporation movement represents a subtle but fundamental change in the way for-profit companies choose to do business. And Canadian legislators, who have been slow to act in support of this movement, should address it with comparable subtlety, recognizing that the movement is an evolution of existing law, bears no relationship to the not-for–profit sector and does not require a host of new regulatory approaches. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Monday, November 04, 2019 @ 12:06 PM

Interveners in SCC Uber appeal offer minimal intervention solutions | Barry Leon

On Nov. 6 when the Supreme Court of Canada hears the appeal in Uber v. Heller 2019 ONCA 1, some 18 interveners will be on hand to assist the court. ... [read more]

Thursday, October 31, 2019 @ 6:06 PM

ABSENTEES - Absence and disappearance

Appeal by the liquidator of Roseme’s estate from a decision of the Quebec Court of Appeal, affirming the trial decision which ordered restitution of pension payments made by Roseme’s former employer, Carleton University (Carleton). ... [read more]

Thursday, October 31, 2019 @ 5:00 PM - Last Updated: Friday, November 01, 2019 @ 10:42 AM

SCC rules on civil law’s ‘presumption of life’ that applies for first 7 years person is missing Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 6-3 that a Quebec woman who inherited from her late ex-spouse must repay nearly half-a-million dollars in pension benefits his estate received while he was missing and presumed alive before his remains were found. The Oct. 31 majority decision co-authored by Chief Justice Richard Wagner and Justice Clément Gascon dismisses Lynne Threlfall’s appeal: Threlfall v. Carleton University 2019 SCC 50. ... [read more]

Tuesday, October 29, 2019 @ 12:20 PM

Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench TLD Exclusive

Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]

Tuesday, October 29, 2019 @ 10:55 AM - Last Updated: Tuesday, October 29, 2019 @ 4:13 PM

Lawyers praise Gascon’s contributions to SCC and Canadian civil and common law Doug_Mitchell

Departing Supreme Court of Canada Justice Clément Gascon is described by court watchers as a “rigorous,” “fair-minded” and “supremely diligent” judge whose opinions developed both the civil and common law during his five years at the highest court. ... [read more]

Friday, October 25, 2019 @ 5:16 PM

SCC refuses to stay Quebec divorce action in case involving competing divorce claims in Belgium

In a Quebec divorce case involving a wealthy couple with competing matrimonial property claims in Quebec and Belgium, the Supreme Court of Canada has 6-1 refused to stop the Quebec court from proceeding with the case, in a judgment which provides guidance on the scope and application of the international lis pendens exception under Quebec’s private international law (PIL). ... [read more]