The Complete Brief
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July 29, 2024
‘One would think’ people should be very concerned about impact of Ontario Place ruling, lawyer says
People may soon be seeing activity at Ontario Place after a judge rejected a constitutional challenge of legislation to fast-track construction of the controversial redevelopment project.
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July 29, 2024
B.C. Court of Appeal declines to strike novel claim against McKinsey in opioid class action
British Columbia’s top court has declined to strike a negligent misrepresentation claim against global consulting firm McKinsey & Company in a class action concerning its alleged role in promoting opioids in Canada and its failure to warn users of the known risks of the drugs.
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July 29, 2024
CONTROLLED DRUGS AND SUBSTANCES — Possession for the purpose of selling, trafficking, distributing or exporting
Appeal by Donovan from his conviction for two counts of unlawful possession of a controlled substance for the purpose of trafficking. He argued that the evidence was inadmissible and was discovered during a search while he was improperly detained. Const. Viger pulled over a car driven by Donovan, who was not the registered owner.
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July 29, 2024
5 Ontario judicial appointments announced
Minister of Justice and Attorney General of Canada Arif Virani announced in a July 24 news release the appointment of five judicial appointees in Ontario: Renee M. Pomerance, E. Ria Tzimas, Michelle Flaherty, Brian DeLorenzi and Jacqueline A. Horvat.
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July 29, 2024
Artists and entertainers: Options for working in the U.S.
If you’ve ever known a professional artist or entertainer, you probably understand what their main focus is: their creativity. Regardless of industry or genre, it’s crucial that artists and entertainers spend as much time as possible creating content, exploring new frontiers and otherwise innovating. The last thing that artists or entertainers want to think about is the dull logistics of immigration requirements — but not doing so can have deep consequences.
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July 29, 2024
Purposefully disobeying court order comes with consequences: B.C. Chief Justice
B.C.’s top court has upheld the conviction of an Indigenous woman who had been found guilty of criminal contempt of court due to her protest of the controversial Trans Mountain pipeline.
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July 29, 2024
Vehicle search examined in B.C appeal court drugs decision
Defence counsel are sometimes accused of following the adage, “If you can’t argue the facts, argue the law.” But it doesn’t always work.
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July 29, 2024
Recent copyright developments: Eye-appealing features applied to useful articles
Based on statements and debates from around the time that subsection 64(2) was introduced into the Copyright Act, the broad purpose of the provision was to limit the scope of copyright and moral rights for designs applied to certain products reproduced in industrial quantities. The general idea was that such designs should instead be protected by registration of an industrial design, which has a much shorter life than copyright.
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July 29, 2024
Ontario (Attorney General) v. Restoule: What it means to Indigenous beneficiaries | Rob Louie
Within minutes of Canada’s top court rendering a unanimous decision regarding a potentially multi-billion-dollar case involving the Red Rock First Nation Band of Indians, the Whitesand First Nation Band of Indians and members of the Ojibewa (Anishinaabe) Nation, who are beneficiaries of the Robinson‐Huron Treaty of 1850, major media outlets were vying to have their story rolled out first.
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July 26, 2024
SCC’s 9-0 judgment on interpreting historic treaties a big win for First Nations, their counsel say
Live up to the honour of the Crown and its “sacred” treaty promises — or the courts will step in. That might sum up the message from the Supreme Court of Canada to the defendant governments of Ontario and Canada in a multi-billion-dollar lawsuit by Anishinaabe First Nations, who ceded by treaty 174 years ago a huge swath of their traditional Northern Ontario territories only to have successive federal and provincial governments “dishonourably” flout that treaty by barely compensating the cash-strapped Indigenous communities while the Crown and big business reaped billions over the decades from the mineral, timber and other resources of the ceded lands.