Monday, 24 August 2015 08:00

Trial by technology

b_150_0_16777215_00___images_stories_01-4STUDENTS_2015_Fall_Issue_2015_TrialTech-TalaKhoury.jpgTo be part of one of the longest technologically-driven, white-collar-crime jury trials in Canadian history was more than Tala Khoury could hope for during her articles with Fasken Martineau DuMoulin LLP. But that is exactly what the Osgoode Hall Law School graduate got when she joined the Faskens team in the courtroom for eight months helping defend TPG Technology Consulting against the Competition Bureau in Ottawa.
Published in Issue Archive
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Ron-Poulton.jpgIn two landmark rulings, the Federal Court of Canada has determined that aspects of government policy aimed at discouraging refugee claimants from choosing Canada as a safe haven, and accelerating their departure from Canada, violates the Charter of Rights and Freedoms.
Published in Web exclusive content
Monday, 03 August 2015 08:00

Tough on crime

Photo: Shutterstock
Photo: Shutterstock
Three weeks after the Supreme Court of Canada spring ruling that mandatory minimums for illegal handgun possession were unconstitutional, a young man in Toronto was sentenced to three years in prison for that offence. The sentence was the same length as the previous minimum. Landrell Beals had no prior criminal record, a high school education, and the support of his family.
Published in Features
Monday, 03 August 2015 08:00

Controversy dogs family med-arb

Illustration: Jeannie Phan
Illustration: Jeannie Phan
Gary Joseph says some years ago, he dodged a legal bullet. He was sitting in a breakout room with a family law client. A mediator-arbitrator would come in to talk to them before going to another room to speak to the other party in a process similar to shuttle diplomacy. “The mediator came into our room and he began talking about the evidence that we have and our expert report and [started] making some negative comments about the expertise of our expert and some other things that our expert did,” Joseph recalls. “When he left the room, my client turned to me with just daggers in his or her eyes and said, ‘What have you done to me? How could this person possibly be fair to me after telling me that my expert report has 16 different holes in it?’”
Published in Features
Monday, 20 July 2015 08:00

In defence of interveners

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Gillian-Hnatiw.jpgIt was difficult to miss the United States Supreme Court’s decision legalizing same-sex marriage earlier this month.
Published in Web exclusive content
b_150_0_16777215_00___images_stories_01-INHOUSE_2015_July_E_Lederman.jpgEli Lederman, a partner at Lenczner Slaght Royce Smith Griffin LLP, says a recent Court of Appeal decision in Ontario adds to a growing trend that suggests trial judges may have greater freedom to determine whether parties are living up to their contractual obligations.
Published in Latest News
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
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