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Archive for September, 2021

Nygard Fails in Bail Appeal

The high-profile case of fashion mogul Peter Nygård has hit another milestone, with the Supreme Court of Canada recently dismissing his appeal of the denial of a judicial interim release (bail) decision, pending his extradition request to the U.S.

Nygård is charged with racketeering conspiracy, sex trafficking conspiracy, sex trafficking, transportation of a minor for prostitution, and transportation for prostitution, over 25 years. He was arrested on Dec. 14, 2020, pursuant to a provisional arrest warrant, under s. 13 of the Extradition Act.

The Supreme Court of Canada stated in R. v. St-Cloud,

[70] … in Canadian law,

. . . [more]
Posted in: Substantive Law: Judicial Decisions

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Un infirmier auxiliaire qui a touché l’anus d’une patiente sous prétexte d’évaluer son problème médical est déclaré coupable d’agression sexuelle.

Intitulé : R. c. Yanon, 2021 QCCQ 7295
Juridiction : Cour du Québec, Chambre criminelle et pénale (C.Q.), Gatineau
Décision de : Juge Richard Meredith
Date :  . . . [more]

Posted in: Summaries Sunday

Enforcing Agreements and Determinations in Parenting Coordination

Enforcing agreements and orders, those relating to parenting anyway, is difficult enough in family law disputes. Enforcing agreements and determinations in the context of parenting coordination, whose users are preternaturally predisposed to conflict, is another problem of another magnitude altogether.

In general, agreements reached in the parenting coordination process can be enforced like any other family law agreement, either under the law of contracts, which can be a bit cumbersome, or under whatever specific provisions may be available under the local family law legislation for the enforcement of agreements. (In most cases, agreements filed in court can be enforced as . . . [more]

Posted in: Practice of Law

Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

. . . [more]
Posted in: Friday Jobs Roundup

Accommodating Employees With Disabilities: What You Don’t Know Can Hurt You!

Written by Daniel Standing LL.B., Editor, First Reference Inc.

Employers of workers with disabilities need to know the ins and outs of their duty to accommodate. The law intends the accommodation process to be collaborative, allowing the employer, union and employee the ability to make suggestions, compromise and, hopefully, arrive at a mutually agreeable solution. In Singh v Dodd’s Furniture (No. 2), 2021 BCHRT 85, the British Columbia Human Rights Tribunal found that a furniture store discriminated against its worker after it received some bad advice about how to go about accommodating him. The furniture store made an “ill-informed . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Why the Olympics Had Me in My Feels About Collaboration

“I’m glad I didn’t win it in an individual [event] because this just makes it 10 times sweeter knowing that I’ve accomplished this history with girls that are also making history.” – Penny Oleksiak, Canada’s Most Decorated Olympian

The 2020 Tokyo Olympic Games were full of lessons – ones of perseverance, patience, and teamwork. There were countless stories of teams having to adjust training schedules, transition to virtual coaching, manage endless health and safety rules, and more. Watching them rise to the occasion was inspiring and had me thinking about some of the obstacles that my own marketing and business . . . [more]

Posted in: Legal Marketing

What Does a User Centred Design Court Form Look Like?

In the article “What does a user-centered eviction court summons look like?”, Margaret Hagan answers this question. Her analysis can be applied to most court forms. The key design principles outlined are as follows:

  1. Have a clear visual hierarchy. Put the first and second most important information in large boxes, with icons, indented lists, and images.
  2. Make it easily readable. Use small blocks of text and short sentences. Follow plain language. Use lists where possible. Bold each paragraph’s take away.
  3. Use symbols and images when possible. Be sure to have a court logo or seal to impart that
. . . [more]
Posted in: Legal Information

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594

[96] The trial judge relied on the American decision in MRI Healthcare to conclude that the resulting loss of use constituted resulting physical damage. That case, however, does not support the proposition that economic loss should be covered under an exception to an exclusion for resulting physical damage. On the contrary, . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Protect Afghanistan’s Truth-Tellers: Human Rights Defenders in a World of Diplomatic Doublespeak

In 2021 the world has witnessed the abject failure of international organizations to curtail even the most grave human rights violations, including war crimes, crimes against humanity and genocide (“atrocity crimes”). The situation in Afghanistan is one case in point.

In countries around the globe, international human rights law is routinely violated with impunity. Many are wondering what “human rights” mean when politicians and diplomats toss out the term with ease while remaining reckless or complicit in the face of human rights violations and atrocities.

Canada must act urgently to match words with actions

There increasingly grave concerns . . . [more]

Posted in: Justice Issues

A New Wrinkle on Judicial Conduct Allegations

It seems the Tax Court of Canada added its own wrinkle to the complaints last year to the Canadian Judicial Council about Justice David Spiro’s intervention in the hiring of a new Director of the University of Toronto’s International Human Rights Program (“the Program”). (See the The Globe and Mail (“The Globe”) stories about the Tax Court here and about Justice Spiro’s intervention here).

A Faculty of Law hiring committee at the University of Toronto recommended the appointment of Dr. Valentina Azarova as the new Director of the Program. Dr. Azarova’s scholarship concerned Palestine-Israel relations. Justice Spiro raised the . . . [more]

Posted in: Justice Issues

Preliminary Issues on Motions for Summary Adjudication in Federal Court

The Federal Court of Appeal recently took the opportunity to clarify the procedure and criteria for determining whether a summary judgment motion is “appropriate”. Even 10 years after the Federal Courts Rules were amended to include summary judgment and trials, the Federal Court of Appeal noted that procedure “is rather unclear”.

In 2009, the Federal Courts Rules were amended to include motions for summary judgment and summary trials. For summary judgment, the rules (see Rule 215) provide that the Court shall grant judgment where the Court is satisfied that there is no genuine issue for trial with respect to . . . [more]

Posted in: Intellectual Property

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Susan On The Soapbox 2. Attorney with a Life 3. The Trauma-Informed Lawyer 4. RT Blog 5. Legal Feeds

Susan On The Soapbox
Kenney’s $100 Solution

At the end of May Jason Kenney unveiled an aggressive reopening plan that would lead to the best Alberta summer ever

. . . [more]
Posted in: Monday’s Mix