The Complete Brief
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July 15, 2024
I stand behind my statements | John L. Hill
When Canadian Prime Minister Justin Trudeau announced on Sept. 18, 2023, that the government of India condoned the killing of Hardeep Singh Nijjar, it sparked a major diplomatic confrontation between the two countries.
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July 15, 2024
How to undermine your dismissal for just cause | Stuart Rudner
“In light of what he did, we just can’t trust John and there’s no way he can continue as an employee … once we get through the trade show next month, we’ll terminate his employment.”
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July 12, 2024
Self-defence, Crown’s right to appeal acquittal at heart of Supreme Court murder case
In deciding to restore a man’s acquittal in a murder case involving a claim of self-defence, the Supreme Court has found that while a chokehold could be seen as “inherently dangerous,” it is up to trial judges to determine an accused’s intent on a case-by-case basis.
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July 12, 2024
Long-awaited B.C. coastal marine strategy to fill gaps in regulation of marine resources
British Columbia has launched a comprehensive new coastal marine strategy, co-developed with First Nations groups, which includes new regulations designed to enhance coastal marine management and create resilient communities.
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July 12, 2024
Supreme Court declines to hear municipalities’ challenge to CN Rail intermodal hub in Milton
The Supreme Court of Canada has refused to hear arguments by several southern Ontario municipalities that CN Rail is obligated to seek and obtain requisite approvals under more than 65 listed provincial laws, regulations and municipal bylaws to continue the construction of a $250 million intermodal container facility in Milton, Ont.
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July 12, 2024
ELEMENTS OF THE OFFENCE — Mens rea
Appeal by Hodgson (H) from an order of the Court of Appeal allowing the Crown’s appeal of H’s acquittal of second-degree murder and directing a new trial on the basis that the trial judge erred in analyzing the mens rea for murder and in applying self-defence to manslaughter. While attending a house party, H used a chokehold to restrain a guest.
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July 12, 2024
The Friday Brief: Managing Editor’s must-read items from this week
Here are my picks for the top stories we published this week.
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July 12, 2024
Judges must consider size and scope of company when considering OHSA fines: Ontario Court of Appeal
Ontario’s top court has overturned the findings of a lower court of a proceeding under the provincial Occupational Health and Safety Act (OHSA), saying a fine imposed on a corporation must take its financial means into account in order to achieve both specific and general deterrence.
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July 12, 2024
Nova Scotia Court of Appeal affirms broad scope of regulation concerning lawyer conduct
The Nova Scotia Court of Appeal has affirmed that a regulation empowering the Nova Scotia Barristers’ Society to consider complaints regarding conduct unbecoming of the legal profession is not limited to examples provided in the regulation.
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July 12, 2024
Twenty-four hundred hours | Murray Gottheil
I spoke to two law firm partners this week, both of whom told me that their hourly expectation was 2,400 hours per year, split among 2,000 billable hours and 400 non-billable hours (administration, firm events, continuing education, business promotion, and mentoring).