The Complete Brief
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November 11, 2024
9 articling students return to Lenczner Slaght as associates
Recent news releases from Lenczner Slaght announced the addition of Derek Hooper, Liza Leshchynska, Herschel Chaiet, Jennah Khaled, Mackenzie Faulkner, Alec Verch, Adam Davis, Madeleine Andrew-Gee and Alex Tuccillo as associates. All nine previously summered and articled for the firm.
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November 11, 2024
Advocacy organizations pledge to challenge proposed Alberta transgender health care, pronoun laws
Alberta has rolled out a suite of legislative proposals that would prohibit certain types of gender-affirming health care for youth and require parental approval for name change or pronoun use for many students, but a number of advocacy groups have said they will challenge the laws, calling them discriminatory and harmful.
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November 11, 2024
The danger of not signing a settlement document | Stuart Rudner
While much has changed since I began practicing in 1999, and even since I started mediating employment law matters over a decade ago, the advice from my first mentor remains true: “Never leave a mediation until the settlement documents are fully executed (unless there was no settlement).”
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November 11, 2024
APPEALS - Grounds - Miscarriage of justice
Appeal by Derksen from his jury conviction for second degree murder on grounds that trial judge erred by concluding a corrective instruction was sufficient to address risks to trial fairness that arose from Crown's closing submissions. The appellant and his then girlfriend, Lafferty, picked up Aden from a correctional facility. Two days later, a third-party spotted Aden’s dead body with multiple gunshot wounds including two fatal gunshot wounds to the back of the head.
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November 11, 2024
Overturned sex assault charge destined to attract critics
When A.R. and J.E. moved to Ontario in 2012, A.R.’s daughter from a previous relationship, T.R.S., stayed behind to live with her father. But when T.R.S. was 11 years old, her father became terminally ill and could not take care of T.R.S. A.R., and J.E. agreed to take her in.
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November 11, 2024
Estate freezes and resulting litigation issues
In my recent article “Estate freezes: An icebreaker,” I discussed how an estate freeze can be used to “lock in” the value of a family business’ shares at a given point in time and pass on the growth of that business to the business owner’s children. I briefly touched on some of the potential pitfalls that can complicate the execution and maintenance of an estate freeze. One of these complications — and the source of much of the litigation surrounding estate freezes — is the availability of the oppression remedy to the company’s shareholders.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 08, 2024
JUDICIAL REVIEW AND STATUTORY APPEAL - Standard of review - Reasonableness
Appeal by appellants from a judgment of the Alberta Court of Appeal which affirmed a decision dismissing their application for judicial review. The appellants were owners of coal-fired electrical power generation facilities. They entered into off-coal agreements with the respondent, the Province of Alberta (Province), to eventually cease coal-fired emissions by 2030 in exchange for substantial sums paid annually by the Province to compensate for the loss of value arising from the reduced life of the appellants' facilities. .
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November 08, 2024
Consultation on freedom of expression at Alberta regulatory bodies driven by politics: observers
The Alberta government has launched a consultation as it considers bringing in legislation aimed at protecting what the province described as freedom of expression at regulatory bodies, but a number of legal observers say the review is being driven by politics rather than serious concerns about what regulators are doing.
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November 08, 2024
FCA dismisses appeal regarding ministerial order related to PEI potato wart infestation
The Federal Court of Appeal has dismissed an appeal related to the judicial review of an order declaring Prince Edward Island as “a place infested with potato wart” and prohibiting the movement of the province’s seed potatoes without written authorization from an inspector.