The Complete Brief
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June 21, 2024
Why Cartel case affects all lawyers | John L. Hill
Imagine a scenario in which your home is burglarized, and you report the incident to the police. However, they take an alarming seven months to respond. In the interim, several other properties in your neighbourhood are also targeted. This situation not only raises a complaint against the police but also sparks a deep concern about the potential ramifications of such negligence.
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June 21, 2024
CANADIAN CHARTER OF RIGHTS AND FREEDOMS — Protection against unreasonable search and seizure
Appeal by appellant of a judgment of the Ontario Court of Appeal which set aside a decision of the Divisional Court dismissing an application of judicial review of an arbitrator’s decision. Two teachers had concerns about the preferential treatment of another teacher by the school principal.
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June 21, 2024
Settler’s remorse: Professional negligence claim against litigation lawyer dismissed
In Kiselbach v. DeFilippi, 2024 YKSC 7, the Supreme Court of Yukon dismissed a professional negligence claim against a litigation lawyer who acted for the plaintiffs in a dispute with their former U.S. business partner. While the plaintiffs’ lawyer was found to have breached the applicable standard of care in failing to advise them about a potential settlement option, the plaintiffs nevertheless failed to establish that the lawyer’s error was the legal cause of any damages.
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June 21, 2024
Would Trump be inadmissible to Canada? | Sergio R. Karas
On May 30, 2024, former U.S. president Donald Trump was convicted of 34 counts of falsification of business records in the first degree, a felony under New York Penal Law s. 175.10. This conviction arose from a payment made to adult film star Stormy Daniels before the 2016 election, focusing on the paperwork generated when Trump reimbursed his attorney, Michael Cohen, for the payment. Even though this conviction is under appeal and may likely be reversed, it raises questions about his potential inadmissibility to Canada.
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June 20, 2024
Airline held liable for negligent risk assessment before flying through conflict zone
On June 10, 2024, following an 18-day trial in Toronto, Justice Jasmine Akbarali of the Ontario Superior Court of Justice found that Ukraine International Airlines (UIA) failed to prove that it was “not negligent” in allowing flight PS752 to depart Tehran on Jan. 8, 2020.
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June 21, 2024
CUSTODY, PARENTING, AND ACCESS — Appeals and judicial review — Constitutional issues
Motion by JL and RS (“appellants”) for state-funded counsel to represent them on appeal. The appellants were parents of four children. The Minister of Community Services (“Minister”) commenced legal proceedings against them and sought orders placing the children in permanent care.
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June 21, 2024
New director of the Public Prosecution Service announced
Minister of Justice and Attorney General of Canada Arif Virani recently announced the appointment of George Dolhai as the new director of the Public Prosecution Service of Canada (PPSC), effective June 21, 2024.
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June 21, 2024
3 judicial appointments in Ontario
Minister of Justice and Attorney General of Canada Arif Virani announced in a June 18 press release three judicial appointments to the Superior Court of Justice of Ontario: Barbara A. MacFarlane, Colleen Yamashita and S. James Mountford.
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June 20, 2024
Feds promise faster permitting processes to accelerate green infrastructure projects
Ottawa’s Ministerial Working Group on Regulatory Efficiency for Clean Growth Projects is recommending the launch of a federal permitting co-ordinator on clean growth projects and faster permitting times, including a limit of three years on nuclear projects.
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June 20, 2024
CIVIL PROCEDURE — Interlocutory or final orders — Standard of review
Appeal by appellants from Designated Judge’s interlocutory orders on grounds that Designated Judge erred in concluding that a nominally privileged proffer could be subject of Canada Evidence Act (“CEA”), section 38 application. The appellants commenced an action against Al Jabri and others seeking over $5 billion in damages.