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Supreme Court of Canada

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Thursday, February 28, 2019 @ 11:30 AM - Last Updated: Thursday, February 28, 2019 @ 4:42 PM

SCC rules lawyers can be liable for client referrals that go bad Clément  Gascon

In a cautionary tale for lawyers who refer clients to other service providers, the Supreme Court of Canada has 8-1 dismissed the appeal of a Montreal lawyer and his firm from a judgment below which holds them liable for the full $6.8 million their client lost after they unwittingly referred her to a financial adviser who later turned out to be a fraudster running a Ponzi scheme. ... [read more]

Friday, February 22, 2019 @ 2:22 PM - Last Updated: Friday, February 22, 2019 @ 3:40 PM

SCC clarifies what submission to foreign courts’ jurisdiction means under Civil Code of Quebec

The Supreme Court of Canada has clarified that a Quebec resident sued abroad who challenges the foreign court’s jurisdiction will be deemed by Quebec courts to have submitted to that foreign jurisdiction if the Quebecer made substantive arguments in the foreign court that, if accepted, would have resolved all or part of the dispute. ... [read more]

Friday, February 22, 2019 @ 2:05 PM

JURISDICTION - Submission to - Implied submission

Appeal by Barer from a judgment of the Court of Appeal of Quebec affirming a decision of the Superior Court which concluded a Utah court had jurisdiction over claims for fraudulent misrepresentation and unjust enrichment made by a Utah-based company and declared its judgement enforceable. ... [read more]

Thursday, February 21, 2019 @ 1:22 PM

Some problems with mandatory pro bono | Scott Reid

In a recent interview with The Lawyer’s Daily, Chief Justice of Canada Richard Wagner announced that to reduce delay and backlog “lawyers realize that they have to do something also, pro bono work, for instance.” Allow me to be blunt for a moment. The chief justice is, respectfully, out of touch if this is his solution. ... [read more]

Thursday, February 21, 2019 @ 9:50 AM

Chief justice’s remarks spark debate over mandatory pro bono for lawyers  Raymond Adlington

Canadian Bar Association (CBA) president Raymond Adlington says he does not agree with Chief Justice of Canada Richard Wagner that it would be “very good” if lawyers were required to do some free legal work in order to help alleviate court backlogs and improve the public’s access to justice. ... [read more]

Thursday, February 14, 2019 @ 1:44 PM

CRIMINAL CODE OFFENCES - Sexual offences, public morals, disorderly conduct and nuisances - Sexual offences

Appeal by the Crown from a judgment of the Ontario Court of Appeal affirming the acquittal of Jarvis. ... [read more]

Thursday, February 14, 2019 @ 11:51 AM - Last Updated: Thursday, February 14, 2019 @ 3:54 PM

SCC rules teacher’s secret recording of students in school’s common spaces was criminal voyeurism Chief Justice Richard Wagner

People can have a reasonable expectation of privacy in public spaces, the Supreme Court of Canada has confirmed 9-0 in a landmark privacy judgment that convicts an Ontario high school teacher of voyeurism for using a camera pen to secretly record the faces and breasts of female students. ... [read more]

Wednesday, February 13, 2019 @ 10:44 AM

Chief Justice Wagner, I can’t afford to help my community | Elsa Ascencio

Recently Chief Justice Richard Wagner granted an interview to The Lawyer’s Daily. The headline read, “Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI.” ... [read more]

Tuesday, February 12, 2019 @ 2:46 PM

Former SCC chief justice McLachlin wins CBA President’s Award

In recognition of her significant contribution to the legal profession, the Canadian Bar Association (CBA) and her years of public service and commitment to making Canada a more just society, former chief justice of Canada Beverley McLachlin will be presented with the CBA President’s Award at the President’s Dinner on Feb. 12, 2019, in Ottawa. ... [read more]

Monday, February 11, 2019 @ 9:36 AM

Top judge says judicial independence requires that SCC, other courts control their own budgets Exclusive

All courts should be able to control their own budgets, Chief Justice of Canada Richard Wagner tells The Lawyer’s Daily in the most forceful and clear expression yet of the judicial branch’s resolve to obtain more financial and administrative independence from the other two branches of government. ... [read more]