‘The bigger issue is what is the reasonable standard of conduct a proponent should expect from a Crown decision-maker, period,’ says Thomas Isaac.
‘The bigger issue is what is the reasonable standard of conduct a proponent should expect from a Crown decision-maker, period,’ says Thomas Isaac.
An Ontario Superior Court judge has dismissed a $110-million claim launched by a junior mining exploration company against the province of Ontario for breach of duty of care on the duty to consult, but the inherent question in the case will likely rise again, say experts.
Published in Latest News
Monday, 21 March 2016 09:00

A tale of two standards

A tale of two standardsI’ll start this column by telling you about what has been referred to as “one of NL’s biggest fraud scandals.” The period of 1999 to 2004 represented both the best of times and the worst of times for local Newfoundland and Labrador real estate development company Myles-Legér Ltd., co-owned by brothers William and Randell Clarke.
Published in Web exclusive content
 Peter Wilcox, president of the Intellectual Property Institute of Canada
Peter Wilcox, president of the Intellectual Property Institute of Canada
Most people have probably never heard of the Public Servants Inventions Act, but a Federal Court of Appeal has ruled it can’t stand in the way of a man and his valid patent.
Published in Latest News
Monday, 01 February 2016 09:00

Is there a new view on defence ethics?

Illustration: Scott Page
Illustration: Scott Page
What are the ethical boundaries for a lawyer defending someone accused of a sex crime? Is he a hired gun, expected to do everything legally possible to win the case, concerned only about the fate of his client, free to attack the complainant unreservedly in cross-examination, dedicated — as it is sometimes put — to proof, not truth? That, I think, was the old idea, unchallenged for many years.
Published in Commentary
Monday, 11 January 2016 09:00

Bearing bad news

Bearing bad newsWe all lose sometimes. My first big loss was after a full trial where we had a very strong case, both on the facts and the law.
Published in Web exclusive content
It is often the case that discussions of “access to justice” revolve around legal aid funding and alternative dispute resolution processes, and with good reason. In a climate such as British Columbia, where members of the legal profession once took job action to draw attention to the dire need for investment in legal aid, the courts remain inaccessible to many.
Published in Web exclusive content
Niqab or no niqab; security is not the questionThe Federal Court of Appeal in a decision rendered from the bench, dismissed the government appeal of a decision that its policy requiring women to remove their niqabs before taking the oath of Canadian citizenship was unlawful. The result of this decision is well known, but what lay behind it is perhaps a little less understood.
Published in Web exclusive content
Karen MacDonald says counterfeiting cases are ‘death by a 1,000 cuts’ and summary trials make a huge difference in the ability to go after counterfeiters.
Karen MacDonald says counterfeiting cases are ‘death by a 1,000 cuts’ and summary trials make a huge difference in the ability to go after counterfeiters.
Those fighting against the proliferation of counterfeit goods won a victory in Federal Court recently when a judgment of $380,000 was granted against two corporations and an individual found to be selling fake Chanel merchandise.
Published in Latest News
Monday, 12 October 2015 09:00

Lawyers and liability in Mraz v. Herman

Lawyers and liability in Mraz v. HermanThe recent decision by Alberta Court of Queen’s Bench Justice W.P. Sullivan in Mraz v. Herman succinctly disposes of claims made against two Alberta lawyers.
Published in Web exclusive content
The court said the plaintiffs knew of fuel surcharges charged by airlines like Air Canada, and no class-wide damage occurred.
The court said the plaintiffs knew of fuel surcharges charged by airlines like Air Canada, and no class-wide damage occurred.
A decision from the British Columbia Supreme Court is expected to “stem the tide” of consumer protection class action claims where the plaintiffs haven’t suffered any real damage or loss.
Published in Latest News
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