Displaying items by tag: courts

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_larry-and-scott.jpgThe recent Ontario Court of Appeal decision in P.A.R.C.E.L. Inc. v. Acquaviva provides helpful guidance and reminders to lawyers advising borrowers and lenders in secured transactions involving mortgages on real property.
Published in Web exclusive content
Lawyers will gather in Sherbrooke this month to consider next steps towards a proposed $300-million settlement in the Lac-Mégantic disaster.  File photo: Mathieu Belanger/Reuters
Lawyers will gather in Sherbrooke this month to consider next steps towards a proposed $300-million settlement in the Lac-Mégantic disaster. File photo: Mathieu Belanger/Reuters
Almost two years after a tragic train derailment and explosion hit the small town of Lac-Mégantic, Que., lawyers are set to gather in a Sherbrooke court this month to consider next steps towards a proposed $300-million settlement.
Published in Latest News
Monday, 08 June 2015 08:00

A take on presumption of prejudice

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Gillian-Hnatiw.jpgAs a litigator, there are many things that wake me at 2 a.m. Sometimes, it’s my arguments for an upcoming motion where I know I will have an uphill battle. Other times, it’s a pending meeting with a difficult client who is not going to like what I have to say, though I am duty-bound to say it. (And let’s be honest — a lot of the time, it’s my kids.)
Published in Web exclusive content
Seven Guatemalans are seeking damages for injuries allegedly suffered in an incident at the Escobal Mine in 2013.
Seven Guatemalans are seeking damages for injuries allegedly suffered in an incident at the Escobal Mine in 2013.
A Vancouver-based mining company is arguing that protesters hurt outside one of their subsidiary locations in Guatemala in 2013 should not be able to sue them in Canada for injuries sustained during that protest.
Published in Latest News
Monday, 11 May 2015 08:00

Dealing with those nuisance claims

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Gillian-Hnatiw.jpgWe’ve all had them. The claim that lands on your desk and, from the very first read through, promises to live up to its colloquial name: a nuisance.
Published in Web exclusive content
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_Brahm-Siegel.jpgIf insufficient financial disclosure is the “cancer” of family law, the “heart disease” of our field at present is the frequency with which attacks on marriage contracts and cohabitation agreements are launched — and succeed.
Published in Web exclusive content
Monday, 04 May 2015 08:00

Getting there

Illustration: Huan Tran
Illustration: Huan Tran
A compassionate and moving ruling from a Toronto judge has focused attention on Gladue courts and other support mechanisms for aboriginal offenders, and of the progress, and lack of progress, since the landmark R. v. Gladue decision first came out.
Published in Features
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_Adam-Rodgers.jpgThe provincial government has announced the closure of three courthouses in eastern Nova Scotia and Cape Breton, as part of their 2015-16 budget. The courts in question are satellite facilities in Guysborough, Port Hood, and Baddeck, and cases that would have otherwise been heard at these locations will now be heard in regional Justice Centres.
Published in Web exclusive content
Monday, 30 March 2015 08:00

Defending yourself for being in court

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_richard-johnson.jpgRecently, I was in court on a summary trial and was asked plainly why my case had not been resolved.
Published in Web exclusive content
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_David_Fraser.jpgI often represent victims of true cyber bullying, including adults whose lives have been turned upside down by malicious online actors, so I am very sympathetic to the nominal goals of Nova Scotia’s Cyber-safety Act. But the legislation fails to take into account — in any way — that all expression is protected by the Charter and can only be regulated or suppressed by reasonable limits, prescribed by law.
Published in Web exclusive content
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