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Canada’s substantive and procedural sexual assault laws are pretty strong on the books. Consent must be affirmative, contemporaneous and continuous. Mistaken belief in consent must have an air of reality. Sexual history is presumptively inadmissible. Personal records are rarely relevant. Yet only one in 10 sexually assaulted women makes a report to the police and only one out of 10 of these complaints will result in a conviction.
Monday, 20 March 2017 09:00 Written by Michael Spratt
This month, the Liberal government took swift and decisive action against zombie laws found lurking in Canada’s Criminal Code. Except their actions were not swift, decisive or principled but instead a half-hearted grab at only the lowest hanging justice fruit.
Monday, 20 March 2017 09:00 Written by Jennifer Mercanti and Lisa Watson
Monday, 13 March 2017 09:00 Written by Atrisha Lewis
With legal resources and services now available to anybody with an Internet connection, people are no longer compelled to hire a lawyer for their legal problems. While the market is increasingly competitive, many lawyers have never actually been trained on how to effectively and efficiently generate business.
Monday, 13 March 2017 09:00 Written by Mitchell Rose
Monday, 27 February 2017 09:00 Written by Mitchell Rose
As a civil litigator now practising as a settlement counsel and mediator in Ontario, I discovered certain legal tools that are useful for promoting early dispute resolution. However, ignorance of these provisions may prove hazardous and turn the tools into traps. As these provisions are not well known, I think of them as “secret.” I am revealing just three to you, but there are many others.
Monday, 27 February 2017 09:00 Written by Jane Southren
Have you ever wondered why so many lawyers refer matters to lawyers outside of their firms when there are lawyers inside their firms who have the experience and expertise to handle them? Making it all the more puzzling is the fact that it would often be to that lawyer’s financial advantage to refer the matter internally instead of externally.
Monday, 27 February 2017 09:00 Written by Mark Warner
Over the last few years, the media has been full of daily references to industries being disrupted. The poster child for disruption is Uber, which disrupted municipal taxi markets with an “enter first and ask for permission later” philosophy. Airbnb similarly disrupted hotel markets by upending local zoning bylaws and regulations. In both cases, regulators were caught looking like Wile E. Coyote chasing the Road Runner unsuccessfully in the old Looney Tunes cartoons.