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Monday, 01 December 2014 00:08 Written by Kirk Baert
Last spring, the Supreme Court of Canada released a decision adopting a liberal approach to the certification of common issues in class proceedings. Because this case arose out of Quebec, it did not receive widespread attention in the rest of Canada. However, it would be a mistake to let the importance of this case remain un- or under-appreciated.
The prize for something said by a lawyer in Canada in 2014 is this gem of a comment made to over 450 lawyers and judges in Toronto in October by my new comedic heroine, criminal lawyer Marie Henein, who emceed the event. “As criminal lawyers we represent people who have committed heinous acts. Acts of violence. Acts of depravity. Acts of cruelty. Or as Jian Ghomeshi likes to call it, ‘foreplay,’” (Bada-Boom). She now represents Jian Ghomeshi.
Monday, 17 November 2014 00:08 Written by Jasmine Akbarali and Gillian Hnatiw
Monday, 10 November 2014 00:00 Written by Michael Stitz
Employers in Ontario will need to reconsider the manner in which they handle workplace issues involving disability management and human rights litigation after the Ontario Divisional Court recently upheld the 2012/2013 decision of the Ontario Human Rights Tribunal in Hamilton-Wentworth District School Board v. Fair, wherein the tribunal ordered Sharon Fair be reinstated into suitable alternative employment with her previous employer after approximately a decade had passed since her dismissal. This was in addition to the tribunal employing its power to order approximately a decade of back wages from June 26, 2003 (the date an accommodated/alternative position was available for the applicant to return to), to the date of reinstatement.
Monday, 10 November 2014 00:00 Written by Lindsay Scott
Last month I had the pleasure of attending The Advocates’ Society fall forum for litigators under 10 years of practice. This year’s theme was profile building, and social media was a regular topic. Several senior lawyers and judges reminded us that the Internet is forever — a fact that haunts me every time I think about the Trial by Fire columns I have written over the past three years.
A common argument from supporters of capital punishment is that it should only be imposed when we’re absolutely certain the condemned person indeed committed the horrible crimes of which he was accused. And if there were indeed a way to be 100-per-cent sure a person found guilty of murder was indeed guilty, I might be more sympathetic to this argument. I do believe there are some crimes so ghastly that the penalty of death is justifiable.
|The Lynching of Peter Wheeler, by Debra Komar, Goose Lane Editions, 2014, pp. 346, $19.95|