Access to Justice
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June 05, 2025
Viewing estate and related family disputes through a different lens
As Canada becomes a more aged society, the number of estate and related family disputes continues to grow. As this growth happens, we need to review how we approach estate dispute resolution to ensure we can keep pace with the evolving expectations of families, the changes in our society and the advancements in alternative dispute resolution (ADR) in general.
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June 05, 2025
Were health, safety concerns overlooked in sentencing?
Michael Allen Wiens was sentenced by a judge of the Provincial Court of British Columbia on May 29, 2024, to three years’ imprisonment for sexually assaulting a female while the victim was unconscious in her home. The judge in Surrey, B.C., also ordered Wiens to register under the Sex Offender Information Registration Act (SOIRA) for 20 years.
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June 04, 2025
Court decision points to continuing problems with Ontario’s tribunal system, says watchdog group
A recent Ontario Superior Court ruling helps illustrate the continuing struggles being faced by the province’s tribunal system, and the Human Rights Tribunal of Ontario (HRTO) in particular, says a watchdog group.
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June 04, 2025
Governments must address the rising costs of refugee claims
Refugee policy is a contentious issue in every refugee-receiving country, and Canada is no exception. While there is broad consensus that Canada should protect those genuinely fleeing persecution, concerns arise when the number of asylum claims surges beyond manageable levels or when it appears that the government has lost control over the process.
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June 04, 2025
Group suing psychiatric hospital turning to Supreme Court for class certification
A group in Ontario looking to sue a maximum-security psychiatric hospital for its use of solitary confinement will turn to Canada’s highest court after it was found there was insufficient “common issues” between the plaintiffs to allow for a class-action lawsuit.
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June 04, 2025
Why new Carney government must make Miscarriage of Justice Commission priority
One of the tests for the new Carney government will be the speed at which it makes an important new government commission operational. Bill C-40, known as the Miscarriage of Justice Review Commission Act or David and Joyce Milgaard’s Law, was enacted on Dec. 17, 2024. This legislation established an independent Miscarriage of Justice Review Commission to replace the ministerial review process for wrongful convictions.
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June 03, 2025
Should the Ontario Superior Court eliminate civil trials?
Recognizing the Ontario Superior Court to be “arcane, expensive and plagued by delay,” the Civil Rules Working Group has proposed a grand experiment, namely eliminating discoveries and curtailing document production. In place thereof, parties would be required (as they currently are) to tell the truth and to further co-operate. However, given such requirements, and the clear mandate given to the working group to reduce cost and delay, it must be asked whether the proposed reforms go far enough, or whether the Superior Court should eliminate civil trials as well?
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June 03, 2025
Why inmates’ COVID-19 isolation lawsuit moves forward as class action
When I first started teaching prison law, one of my students struggled to distinguish between the terms “administrative segregation” and “punitive dissociation,” both of which are used by the Correctional Service of Canada (CSC) to isolate prisoners. The student expressed concern over the similarity of conditions: “Same bed!”
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June 02, 2025
BMW awarded $190K in costs in dismissed engine defect class action
BMW has been awarded $190,000 in costs for a dismissed class action that sought damages in relation to alleged defects in the engines of certain BMW vehicles with model years from 2012 to 2015.
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June 02, 2025
Appeal Court determines uninformed guilty plea merits retrial
Dwayne Gordon felt dismayed when he received a longer sentence than he believed was agreed upon during a pretrial negotiation session.