The Complete Brief

  • July 05, 2024

    When a wedding is not a legal marriage

    In a decision by the Ontario Superior Court of Justice, the case of Anthony v. Oqunbiyi, 2023 ONSC 861, sheds light on the complexities surrounding the validity of marriages under Ontario law, particularly when religious ceremonies conflict with legal requirements.

  • July 05, 2024

    New chief legal officer & corporate secretary for Business Development Bank of Canada

    President and CEO of Business Development Bank of Canada (BDC) Isabelle Hudon announced in a July 4 news release the appointment of Maxime Laverdière as the new chief legal office and corporate secretary of the BDC.

  • July 05, 2024

    Articling student promoted to associate at Clark Wilson

    A recent news release from Clark Wilson LLP announced the promotion of Harman Kang from articling student to associate in the firm’s commercial real estate law group.

  • July 05, 2024

    Legal aid certificates in Alberta will end July 9 unless new agreement is reached

    Alarm bells are being raised across Alberta’s justice sector about the potential stoppage of legal aid services in the province.

  • July 05, 2024

    SENTENCING - Homicide — Second-degree murder — Particular sanctions — Parole ineligibility

    Appeal by Lambert from conviction for second-degree murder and appeal from life sentence without parole for a period of 15 years. Lambert was found guilty by a jury of second-degree murder in the death of Hole.

  • July 05, 2024

    Canada’s Capital Gains Tax and the exodus to the U.S.

    There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justine Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers on edge. The new taxing regime is complex, with 56 pages of guidance. While some taxpayers are already subject to a capital gains tax inclusion rate (meaning the amount of capital gain that is currently included in computing a taxpayer’s income) of 50 per cent on their realized gains, the capital gains inclusion rate under the taxing regime will exceed 66 per cent on some assets in certain circumstances.

  • July 05, 2024

    Vavilov and Chevron: Does Canada need an Administrative Procedure Act?

    The recent refusal of the Canada Industrial Relations Board to follow the direction of the Minister of Labour in connection with the labour dispute involving WestJet Airlines Ltd. (WestJet) and the Airline Mechanics Fraternal Association (AMFA) highlights an ongoing flaw in the administrative law principles that govern the regulatory state in Canada.

  • July 05, 2024

    B.C.’s Pay Transparency Act: Employer reporting obligations, Pay Transparency Report

    Starting Nov. 1, 2024, British Columbia employers with over 1,000 employees (approximately 33 per cent of B.C.’s workforce) will be required to submit pay transparency reports to comply with new obligations under the Pay Transparency Act and related regulations. This mandate will extend to employers with over 300 employees by Nov. 1, 2025, and to those with over 50 employees by Nov. 1, 2026.

  • July 05, 2024

    Criminal appeal decision zeroes in on Browne v. Dunn

    Criminal litigation usually refers to criminal cases and ignores cases reported in civil actions. One important exception is that criminal trial counsel must abide by the “rule in Browne v. Dunn.”

  • July 04, 2024

    Disclosure found to harm national security in CSIS collection of protestor information: Court

    The Federal Court has allowed a disclosure application in part relating to allegations of the national intelligence agency unlawfully collecting and spreading information about groups protesting the Northern Gateway Pipeline.

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