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Archive for ‘Substantive Law’

Orthodox Jews in Civil Legal Disputes in Canada

Orthodox Jews are no strangers to court in Canada. We have them to thank for the seminal s. 2(a) case in Syndicat Northcrest v. Amselem and the infamous “ghet” case in Bruker v. Marcovitz (where arguably only one party was observant).

Civil disputes between Orthodox Jews are less prevalent though, in part given a perceived belief by some that it is prohibited. Consider Maimonides’ (Rambam) statement in Hilchos Sanhedrin 26:7 in the 12th c. CE,

Whoever has his case judged by non-Jewish laws or courts, even if their laws are the same [as the Torah]… It is as if he

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

Cannabis Legalization Report

On November 30, 2016, the Task Force on Cannabis Legalization and Regulation released their final report which contains more than 80 recommendations to governments on how to better promote and protect public health and safety, especially among young Canadians. Particularly, the Task Force recommends: establishing a minimum age of access and restrictions on advertising and promotion; well-regulated production, manufacturing and distribution that can displace the illegal market; and that governments educate Canadians about the new system to improve the public’s understanding of cannabis, including risks such as impaired driving, for example.

Note that the Task Force prefers to use the . . . [more]

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

Dropping the Ball on a File Transfer: Rule 48 Dangers for Ontario Lawyers

This post is by Ian Hu, claims prevention & praticePRO counsel at LAWPRO.

When a file is transferred from one lawyer to another, one danger is when nothing happens on the file due to a clumsy transfer or missing critical information. A new file that has not been looked at can be a ticking time bomb. Deadlines like limitation periods can pass by unnoticed, and Rule 48 administrative dismissal dates can be discovered too late. The resulting malpractice claim can have lawyers pointing fingers at each other. Consider the following tips whether you’re transferring a file or on the receiving . . . [more]

Posted in: Reading: Recommended, Substantive Law

A Response Based on Alice Woolley’s Important “Defending Rapists”

Dear Alice,

I suspect I’m going to regret breaking yet another of my New Year Resolutions so soon in the year but, since none of your CALE colleagues seem inclined to discuss this topic with you, here, I will.

But maybe not where and how you expected. I may be a dinosaur. I’m not that much of a dinosaur.

You wrote:

“Which means that we have to be incredibly clear and careful about articulating and enforcing the ethical boundaries on defence lawyers in sexual assault cases.”

I would modify that statement, slightly, because of its succinctness,as a reminder to all . . . [more]

Posted in: Justice Issues, Substantive Law

Why Short-Sightedness May Cost Marijuana Dispensaries a Fortune

The Federal Government has indicated that it intends to table recreational marijuana legislation by the spring of 2017. As we all know, politicians never break promises or deadlines. Even if the legislation is tabled in the spring it is widely anticipated that the changes will not be implemented overnight, with some predicting that the Canadian recreational marijuana market may not be fully open and legal until as late as 2019.

 

The recent release of the Task Force on Cannabis Legalization and Regulation’s report has created significant buzz about many aspects of what Canada’s new legislation regarding recreational marijuana may . . . [more]

Posted in: Substantive Law: Legislation

The Thrill Is Gone: Sardonicism ‘R Us, Part Un

This post contains some parting, case-specific, comments on Canadian common law judicial reasoning for interested Canadian lawyers (or those interested for other reasons) to ponder, related to a few Canadian reasons for judgment delivered late in 2016.

It’s not my job or real concern any more, unless it’s at a friend’s request or for other good reason. Whether it ought to remain any part of my concern is something I don’t plan to ponder very much in 2017. If I do, though, it’ll be only after I’ve had much Macallan 25, or the equivalent, at somebody else’s expense and as . . . [more]

Posted in: Case Comment, Justice Issues, Miscellaneous, Substantive Law

Malicious Accusations of Lies Against a Lawyer More Than Opinion

The much anticipated appeal in Awan v. Levant was released today by the Ontario Court of Appeal. The Superior Court of Justice decision, now largely upheld on appeal, was important because it deals with defamation against a lawyer, but also provided salient points for understanding the nuance of online defamation in the modern era.

Central to the plaintiff’s claim of defamation was that he was referred to as a liar by the defendant. Justice Feldman, for the court, referred to paras 26-27 of the Supreme Court of Canada’s decision in WIC Radio Ltd. v. Simpson,

[26] … Brown’s

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

📆 What You Were Looking at in 2016: CanLII’s Top Cases

[This post is being published simultaneously on our blog]

Each year we compile lists of the most popular cases in the past year. This year is no exception, because one of the comforting things in life is consistency, and the most read cases on CanLII.org give you that this year. Five of the cases on the list were on last year’s list too, and the top two cases are unchanged from last year; four of the cases on this year’s list were on the top 10 list in 2014.

As ever we invite discussion of the cases . . . [more]

Posted in: Substantive Law: Judicial Decisions

A Personal Injury of Reputation to a Lawyer

Defamation is an injury of sorts. Granted, it’s not a bodily harm exactly of the type we see in motor vehicle collisions, or the other types of intangible harms we see in non-pecuniary damages. Instead, defamation deals with a harm to a reputation.

The issue has come to a head in Ontario, with one of the most prominent players in the personal injury industry claiming foul against the Ontario Trial Lawyers Association (OTLA) over a CPD they conducted on marketing and the Rules of Professional Conduct,

Personal injury law firm Diamond & Diamond has lashed out at organizers of

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

Employee Did Not Have Right to Delay Work Refusal Investigation

Written by Cristina Lavecchia, Editor, First Reference

The Ontario Labour Relations Board (OLRB) recently dismissed an application where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work. Why? The employee did not have the right to delay the employer’s investigation of her work refusal, to wait until her preferred union representative completed a personal matter and attended at the workplace. . . . [more]

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

BC Liquor Law: The New Liquor Control and Licensing Act

In any given year a significant number of new laws come into force in British Columbia. The announcement of most laws are confined to back pages of the British Columbia Gazette, while a select few warrant engaging headlines in newspapers and make the rounds on social media. For example this year the Motor Dealer Amendment Act and the Profits of Criminal Notoriety Act both came into force. While those are undoubtedly very important pieces of legislation for some segments of the population (like motor car dealers and notorious criminals) I expect that few British Columbians were aware that those Acts . . . [more]

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

Task Force Recommendations on Legalization of Marijuana: The “Coles” Notes

On June 30, 2016, the Minister of Justice and Attorney General of Canada, the Minister of Public Safety and Emergency Preparedness, and the Minister of Health announced the creation of a nine-member Task Force on Cannabis Legalization and Regulation (the “Task Force”).

The mandate of the Task Force was to consult and provide advice on the design of a new legislative and regulatory framework for legal access to cannabis, consistent with the Government’s commitment to “legalize, regulate, and restrict access.”

Over five months, the Task Force consulted with a wide variety of groups and individuals before finally releasing its report . . . [more]

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