Don’t blame crown attorneys for court delaysThe central thrust of Michael Spratt’s latest article is that the solution to Ontario’s overburdened criminal justice system is for the political wing of government to “reign in” what the author says are complacent, possessive and overzealous prosecutors.
Published in Web exclusive content
Thursday, 29 December 2016 09:00

Is it just mere formalities?

Is it just mere formalities?In Mennillo v. Intramodal Inc., the Supreme Court of Canada examined whether a corporation’s non-compliance with the corporate formalities of the Canada Business Corporations Act can constitute shareholder oppression.
Published in Issue Archive
SCC to rule on preservation of residential schools survivors’ filesThe Supreme Court of Canada has just granted leave to hear an extraordinarily difficult case. It could throw gasoline and a match on one of the largest archives ever created that thoroughly documents a systemic human rights abuse. 
Published in Web exclusive content
SCC appointment Malcolm Rowe best Canadian for the jobJustice Malcolm Rowe, recently appointed to the Supreme Court of Canada by Prime Minister Justin Trudeau, may well be the most Canadian judge ever. 
Published in Web exclusive content
Monday, 03 October 2016 09:00

Educating Sidney Green

Sidney Green’s fight with the Manitoba Law Society has become the most expensive continuing education course that he never took.
Published in Commentary
Enforcement officers: kids judging credibilityGet ready for this: Enforcement officers can, nay must, conduct an interview of a deportee who has alleged risk, if the credibility of the risk allegation is at issue. So says the Federal Court of Appeal in its recent pronouncement in Atawnah v. MPSEP.
Published in Web exclusive content
SCC decision means: “Basically, you can’t dismiss someone on a without-cause basis. The employee has a substantive right to challenge their dismissal now — that’s been reconfirmed,” says lawyer Stacey Ball.
SCC decision means: “Basically, you can’t dismiss someone on a without-cause basis. The employee has a substantive right to challenge their dismissal now — that’s been reconfirmed,” says lawyer Stacey Ball.
In a dramatic reversal, last week the Supreme Court overturned what had been called a “game-changing” decision by the Federal Court of Appeal and ruled that non-unionized employees of federally regulated businesses are entitled to similar protections against dismissal as those afforded to unionized workers.
Published in Latest News
It’s been 25 years since Askov but little has changedIn 1991, more than 47,000 criminal charges were thrown out of Ontario courts. Why? Because of systemic disregard for the Charter-protected right to a trial within a reasonable time and a man named Elijah Anton Askov.
Published in Web exclusive content
Monday, 18 July 2016 09:57

Is today yesterday?

Is today yesterday?Four-year-olds have an amazing ability to ask very confusing questions, including my son’s “Is today yesterday?” I found myself asking a similar question when considering some recent cases regarding the summary judgment/trial process in Newfoundland and Labrador.
Published in Web exclusive content
The state of litigation privilege after BlankTen years ago, the Supreme Court of Canada rendered its decision in Blank v. Canada, thereby putting an end to considerable debate among Canadian jurists regarding the scope of the litigation privilege. In that decision, the Court underlined the distinct nature of this common law privilege, which had often been wrongly confused with solicitor-client privilege.
Published in Issue Archive
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