Monday, 10 April 2017 09:00

Piercing the judicial veil

Piercing the judicial veilWhen I started practising, it seemed that judges were revered, hardly questioned, seldom heard in public and occupied rarified positions in our society. Not many people would suggest that a judge lived on their street or rode the bus. No one would question their judgments, ethics or stability and certainly not in the media.
Published in Web exclusive content
Supreme selfie: Talking A2J with a former Supreme Court of Canada justiceJudges, lawyers, law students and the public continue to grapple with the access to justice crisis that is far-reaching across the country. Too often, we lament that the system is too complex, too slow and too expensive. The most marginalized members of Canadian society experience significant barriers navigating the justice system on a daily basis.
Published in Latest News
How to keep sexual assault cases on trackCanada’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.
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'Common employer’ versus the ‘corporate veil’: when competing doctrines collideWith Canada in a technical recession and our economic future even more blurred with the election of Donald Trump, Canadians are facing uncertainty, to put it mildly, when it comes to job security. Some of us watched with entertainment and others with horror as the details of Trump’s six corporate bankruptcies emerged during his election campaign. While Trump’s companies — mostly gaming and casino enterprises — have failed in a highly publicized manner, personally, Trump has, by most standards, escaped rather unscathed.
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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. 
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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.
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