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Archive for ‘Substantive Law’

Ontario Lawyers: New Rule 48.14: Counterclaims, Crossclaims, and Third Party Claims Will Also Be Administratively Dismissed

This article is by Ian Hu, claims prevention and praticePRO Counsel at LAWPRO.

We have received inquiries regarding whether a defendant’s counterclaim, crossclaim, or third party claim is also dismissed when the main action is administratively dismissed under Rule 48.14. The answer depends on the kind of claim. The defendant’s counterclaim and crossclaim will be automatically dismissed unless certain steps are taken within prescribed timelines. In the case of a crossclaim against the defendant, the dismissal order will need to be served on the crossclaimant. See the analysis below.

As we know, Rule 48.14(1) sets out the circumstances under which . . . [more]

Posted in: Substantive Law

Increasing Funding for Legal Aid Is Not Enough

Lawyers pushing for greater access to justice constantly fall back on the refrain that Legal Aid needs more funding. That might be true, but the real problem with access is the eligibility criteria for Legal Aid certificates.

This was illustrated recently in a recent criminal case in Toronto, R. v Moodie, where Justice Nordheimer reviewed a Rowbothom application. The Ontario Court of Appeal created a process R. v. Rowbotham whereby the right to fair trial can demand public funds be used for representation

[170] …where the trial judge finds that representation of an accused by counsel is essential to

. . . [more]
Posted in: Justice Issues, Substantive Law: Judicial Decisions

Future Amendments to the Admission to a Professional Order and Governance Issues

In Quebec, to practise a profession or hold a professional title governed by the Professional Code, a person must have a permit and be a member in good standing of the professional order that governs the exercise of the profession. Quebec has 46 professional orders that supervise the practice of 54 regulated professions.

In response to recommendations in the Charbonneau Commission report on granting and management of public contracts in the construction industry, on May 11, 2016, the Quebec government tabled Bill 98, An Act to amend various legislation mainly with respect to admission to professions and the governance of . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Physician Assisted Death Exception Doesn’t Require Terminal Illness

Following the extension to develop assisted dying legislation, provincial courts have scrambled to meet the special exemptions created by the courts.

The first provincial application under this exemption was Re HS in February 2016, where the motion judge described her role in such an application,

 

[51] … The role of this Court is limited to applying or authorizing an existing constitutional exemption and determining whether a particular person qualifies for that exemption…

The process for doing so would be to apply the criteria enunciated by the Court in the 2015 Carter decision at para 127 to a a . . . [more]

Posted in: Substantive Law: Judicial Decisions

Apology for Workplace Sexual Harassment

It was recently reported in the media that after signing a peace bond, Jian Ghomeshi apologized in court on May 11, 2016, for his “sexually inappropriate conduct” towards a former co-worker who accused him of sexually assaulting her. Following the apology, the Crown withdrew the criminal charge of sexual assault for which Ghomeshi was slated to stand trial on June 6, 2016. . . . [more]

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

Emerging Tech – Potentially Awesome and a Privacy Quagmire

I attended an event last night where Duncan Stewart of Deloitte talked about their TMT predictions for 2016.

It reinforced for me that the future of tech and what it will do for us is potentially awesome. But also at the same time the amount of information that is being collected and stored about each of us is staggering. That creates real privacy challenges, and real possibilities for abuse. And because the information is there, there is a tendency for government and business alike to want to use it.

One scary aspect is that the more we get used . . . [more]

Posted in: Substantive Law: Legislation, Technology

Amendment to the Charter of the French Language: Signage in French and Trademarks

The Charter of the French Language currently allows for the exclusive use of trademarks in languages other than French unless a French version of the trademark has been registered. Seeing an increase in the presence of trademarks in a language other than French displayed on outdoor signage all over the province, the Québec Minister of Culture and Communications and Minister Responsible for the Protection and Promotion of the French Language, Hélène David, tabled proposed amendments to regulations under the Charter of the French Language (Loi 101). The amendments are to ensure a greater visibility of French in the display of . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

The Internet Can Be as Deadly as It Is Empowering

All child deaths due to illness are a tragedy, but some tragedies are more pronounced than others.

When a child’s death could have been properly prevented through medical intervention which was deliberately refused by the children’s parents, most of us are at least shocked, if not outraged.

This week David and Collet Stephan of Lethbridge, Alberta were convicted for failing to provide the “necessaries” (sic) of life under s. 215 of the Criminal Code. This section is used more commonly to address insufficient feeding for underweight babies, babies drowning in bathtubs, and even with the risk of physical abuse by . . . [more]

Posted in: Substantive Law: Judicial Decisions

Judge Calls for Tenancy Law Reforms After Finding Tenant “Gaming the System”

An Ontario Superior Court Judge has expressed his hope that legislative changes will be made to stop unscrupulous tenants from “gaming the system”.

The facts of the case are straight forward and rather appalling.

The tenant entered into an agreement to lease a condominium in downtown Toronto starting in September, 2015. The rent for the first month cleared but the rent for October bounced. The tenant has not paid another cent since that time, although he continued to reside in the unit.

The landlord served a “Notice to End Tenancy Early for Non-Payment of Rent” on October 16, 2015. On . . . [more]

Posted in: Case Comment, Justice Issues, Substantive Law: Judicial Decisions

Making Canadian Culture Go Viral

I’m not even sure who watches television any more.

Most of us stream content these days, and much of that content isn’t even Canadian. So why is our Federal government still spending millions of tax dollars subsidizing traditional media?

That’s a question Mélanie Joly, Canada’s new heritage minister, is asking Canadians. Yesterday she announced an open consultation “to strengthen the creation, discovery and export of Canadian content” in a new digital world. She told the CBC,

As we adjust to the realities of rapid technological advances and changing consumer behaviour, I am launching consultations to better understand the challenges

. . . [more]
Posted in: Substantive Law: Legislation, Technology

Ontario Introducing New ORPP Legislation

On April 14, 2016, the Ontario government introduced new legislation to launch the Ontario Retirement Pension Plan (ORPP) legislation. Bill 186, Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016 will ensure that if the Canada Pension Plan (CPP) is not enhanced, Ontario can proceed with the ORPP. However, the Ontario government says it remains committed to working with the federal government to enhance the CPP. . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation