Civil Litigation
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April 26, 2024
Military judges are independent; dual role as military officers doesn’t breach Charter: SCC
The inclusion of military judges in the chain of command of the Canadian Armed Forces (CAF) neither raises a reasonable apprehension of bias nor makes military judges insufficiently independent such that their military status breaches CAF members’ 11(d) Charter right to be tried by an independent and impartial tribunal, the Supreme Court of Canada has ruled.
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April 26, 2024
Ducharme schooled | Marcel Strigberger
Send in the paralegals? Who are they? What can they do?
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April 26, 2024
Ontario court lifts stay, points to email chain as potential cause of action against receiver
The Ontario Superior Court has allowed a real estate firm to proceed with an action over an unpaid commission on the sale of a property by a receiver for an insolvent business, even though the receiver never signed a formal commission agreement.
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April 26, 2024
The legal controversies of MAiD, part two
As we discussed in the first article in this two-part series, the legal complexities surrounding Medical Assistance in Dying (MAiD) have been brought to the forefront in the case of W.V. v M.V., 2024 ABKB 174, opined by Justice Colin C.J. Feasby. This article continues the discussion.
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April 26, 2024
CANADIAN CHARTER OF RIGHTS AND FREEDOMS — On being charged with an offence — Independent and impartial tribunal
Appeals by Appellants from judgments of the Court Martial Appeal Court of Canada (CMAC) which set aside stays of proceedings, ordered trials to proceed and dismissed cross-appeals. The appellants were members of the Canadian Armed Forces who were charged with service offenses.
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April 26, 2024
Reunification counselling for children who reject a parent: What is the law?
Parental estrangement, particularly when a child distances themselves from one parent, can have profound and lasting psychological effects. The absence of a parent in a child’s life can lead to a myriad of emotional, social and psychological challenges that persist well into adulthood.
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April 26, 2024
Court stays proposed class action against Canada related to '60s Scoop
The British Columbia Supreme Court has partially stayed a proposed class action against Canada that concerned the '60s Scoop for not complying with a settlement and being duplicative of another class action.
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April 26, 2024
Regulatory changes coming for Ontario lawyers in private practice, sole practitioners
In the name of protecting the public, Ontario’s law society has made it so lawyers in private practice will be required to have a client contingency plan should they unexpectedly have to stop providing legal services, and new sole practitioners will face possible suspension for not completing a “practice essentials course.”
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April 25, 2024
Canada imposes more sanctions on Iran after Iran’s missile and drone attacks on Israel this month
Canada has imposed dealings bans and entry prohibitions against Iran and two senior Iranian military members under the Special Economic Measures (Iran) Regulations, following Iran’s recent missile and drone attacks on Israel.
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April 25, 2024
SCC to hear appeals on Charter mobility rights and mandatory minimum penalties for child pornography
The Supreme Court of Canada will hear an appeal of a novel Charter s. 6 mobility rights ruling, which held that Newfoundland and Labrador did not violate the constitution when the province closed its borders for health reasons to non-essential visits by non-residents early in the COVID-19 pandemic.