Access to Justice
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May 01, 2024
B.C. Court of Appeal denies securities class action due to residency requirement
The B.C. Court of Appeal has upheld an order striking a securities class action brought by an Ontario-based mutual fund, finding that the fund did not meet the residency requirement for a plaintiff under the Class Proceedings Act (CPA).
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April 30, 2024
Court of Appeal decides sentence ‘demonstrably unfit’ in sex assault
Many criminal defence lawyers think in terms of winning and losing. Yet, sometimes, there is a grey area where either term is inappropriate. The case of R. v. S.W., [2024] O.J. No. 1224 is just such a case.
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April 29, 2024
The honesty and integrity of an applicant for a licence | Sara Blake
How does one determine whether an applicant for a business licence will conduct the business with honesty and integrity?
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April 29, 2024
Silencing the abused: How parental alienation accusations penalize victims | Suzanne Zaccour
Parental alienation theory is built on gendered myths, is not supported by credible science and is impossible to verify or falsify based on objective, science-backed criteria. The National Association of Women and the Law and 250 other feminist organizations in Canada are calling for an end to using this flawed concept in family law.
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April 26, 2024
Military judges are independent; dual role as military officers doesn’t breach Charter: SCC
The inclusion of military judges in the chain of command of the Canadian Armed Forces (CAF) neither raises a reasonable apprehension of bias nor makes military judges insufficiently independent such that their military status breaches CAF members’ 11(d) Charter right to be tried by an independent and impartial tribunal, the Supreme Court of Canada has ruled.
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April 26, 2024
Regulatory changes coming for Ontario lawyers in private practice, sole practitioners
In the name of protecting the public, Ontario’s law society has made it so lawyers in private practice will be required to have a client contingency plan should they unexpectedly have to stop providing legal services, and new sole practitioners will face possible suspension for not completing a “practice essentials course.”
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April 25, 2024
Might courts be partly to blame for court backlog?
The backlog in Ontario’s criminal courts has received much publicity. Recently, two high-profile cases have been stayed because there is a shortage of Superior Court judges available to reduce the strain now apparent in the criminal justice system.
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April 25, 2024
Parental alienation: The one-size-fits-none theory | Suzanne Zaccour
It is trite to point out that, in family law, every case is unique and requires an individualized solution. But that doesn’t mean that clear rules don’t have their place. Critics argue that the National Association of Women and the Law’s push to ban parental alienation accusations is overly simplistic. But is it really?
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April 23, 2024
B.C. Court of Appeal upholds order referring ad price-fixing dispute against Google to arbitration
The B.C. Court of Appeal has upheld a lower court decision favouring arbitration of a proposed class action against internet giant Google over allegations that it engaged in anti-competitive practices to artificially maintain the price of Google search ads above competitive market rates.
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April 23, 2024
AI, protecting yourself from bad actors | Connie L. Braun and Juliana Saxberg
While it is true that many people believe that laws and regulations are enacted only to limit us, laws and regulations are actually in place to guide us about how to conduct ourselves properly in life and business. Common standards and shared values, consideration of others and responsible behaviour all contribute to a society that functions well. Some people will use tools, intended for good, in harmful ways — ways that disregard laws and regulations. The same applies to the use of AI, with individuals finding ways to impersonate, cheat, manipulate and deceive — anything you can think of to exploit others.