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Monday, 14 October 2013 08:00 Written by Margaret L. Waddell
When it comes to high-stakes litigation, it is not uncommon for the defence to take aggressive, calculatedly tactical, and highly adversarial positions in an effort to stave off the plaintiff’s attack. And there is rarely an area in which the stakes are higher than in class proceedings. The outcome of the action can have massive consequences for the defendant, either financially or in the manner in which it will be compelled to carry on business in the future. So it is not surprising that many defendants take a no-holds-barred approach to their defence of class proceedings.
Monday, 14 October 2013 08:00 Written by Lee Akazaki
Last month, Law Times reported an Ontario Court of Appeal decision upholding a finding of racial discrimination against the Peel Law Association. The story reminded us how the profession can still go out of its way to make some members feel unwanted. Like the case of Rosa Parks, the famous Alabama civil rights defender who refused to sit at the back of the bus, this proceeding involved seating.
Monday, 14 October 2013 08:00 Written by Sonya Nigam
There is no doubt as a resource-based economy, Canada has developed an impressive and robust extractive industry sector some would argue is part of our “national security interests.” While this sector brings important gains to the Canadian economy, oil, gas, and mining activities are increasingly taking place in remote areas that have a detrimental effect on local, often indigenous, populations.
Most civil lawsuits settle out of court. If this were not so the legal system would be quickly overwhelmed. When a case settles later than it could have, or a case that should have settled goes to trial, there are costs and consequences for both litigants and society as a whole, and the reputation of counsel may suffer.
Monday, 30 September 2013 09:00 Written by Debra Forman
In July, plaintiffs in a securities class action styled Bayens v. Kinross Gold Corp. were granted approval of a litigation funding agreement whereby the plaintiffs would be indemnified against any potential adverse costs awards in this class action. In granting this funding arrangement, Ontario Superior Court Justice Paul Perell outlined a number of principles that should be considered where a proposed funding arrangement is before the court.
Monday, 23 September 2013 09:00 Written by Damian J. Penny
The next thing [Cheye] Calvo remembers is the sound of his mother-in-law screaming. He ran to the window and saw heavily armed men clad in black rushing his front door. Next came the explosion. He’d later learn that this was when the police blew open his front door. Then there was gunfire. Then boots stomping the floor. Then more gunfire. Calvo, still in his boxers, screamed, “I’m upstairs, please don’t shoot!” He was instructed to walk downstairs with his hands in the air, the muzzles of two guns pointed directly at him. He still didn’t know it was the police. He described what happened next at a Cato Institute forum six weeks later. “At the bottom of the stairs, they bound my hands, pulled me across the living room, and forced me to kneel on the floor in front of my broken door. I thought it was a home invasion. I was fearful that I was about to be executed.” I later asked Calvo what might have happened if he’d had a gun in his home for self-defense. His answer: “I’d be dead.” In another interview, he would add, “The worst thing I could have done was defend my home.”
Rise of the Warrior Cop: The Militarization of America’s Police Forces by Radley Balko, PublicAffairs, 2013, pp. 382.
If you are a frequent user of CanLII (the Canadian Legal Information Institute, funded by the Federation of Law Societies of Canada), you may have noticed last week it introduced a new, sleek search interface, as part of an overhauled web site.