Access to Justice
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June 25, 2025
Appeal Court finds complainant’s statement lacked ‘sufficient reliability’
Just after midnight on Dec. 26, 2022, JH called 911 to report that someone had entered her apartment on Christmas Day. She couldn’t identify the intruder during the 911 call but later named Preston Cardinal as the suspect.
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June 24, 2025
Nova Scotia court confirms ‘some basis in fact’ standard for class action certification evidence
The evidentiary burden to certify a class action remains low, but the “some basis in fact” standard must still be satisfied through admissible evidence, the Nova Scotia Supreme Court has confirmed.
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June 24, 2025
Reconciling access to justice and pragmatism in Supreme Court interventions: The path forward
The Supreme Court of Canada should revisit its current policy governing appearances by counsel for interveners in hearings and references in a manner that reconciles access to justice and pragmatism. The proposed solution is to allow interveners to choose between appearing before the court in person and appearing virtually using existing Supreme Court technological infrastructure.
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June 24, 2025
Have your voice heard: Take Law360 Canada’s 2025 survey on lawyer satisfaction
Law360 Canada is seeking participants for an anonymous survey on career and life satisfaction in the legal profession. Take the survey in English or French.
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June 24, 2025
Moncton mental health, addiction court program to start next year
New Brunswick will be opening a new addiction and mental health criminal court program in the city of Moncton next year — but it will be available only to those facing less serous charges.
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June 24, 2025
Australian law encompasses best interests for all concerned in pet custody cases
We live in multi-species families with humans and non-human animals co-existing. Companion animals are considered family members by most people, and fortunately legislation in various parts of the world is starting to recognize this fact.
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June 23, 2025
Ontario Court of Appeal slashes $700K costs award in rental dispute due to ‘chilling effect’
The Ontario Court of Appeal has significantly cut a costs award in a hard-fought landlord-tenant dispute on Toronto’s tony “Mink Mile,” finding the legal fees were “concerning” and the motion judge’s high tally could contribute to a chilling effect on litigation.
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June 23, 2025
Journalism and AI: A cautionary tale
Generative AI, or genAI — arguably one of the fastest-growing technologies at the moment — is everywhere: in the workplace and in one’s private life. And one need not look too far to find it. Run a quick Internet search, for example, and notice the AI-generated summary at the top of the page. Watch a video online, for example, and notice an ad midstream featuring an AI-generated persona trying to sell something.
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June 23, 2025
Alberta Appeal Court balances Taser use, Charter breach against public safety in gun case
To what extent should police error be considered when a court is asked to exclude evidence due to a Charter breach? The Alberta Court of Appeal recently addressed this issue in an appeal against Sheldon Brian Blyan’s conviction (R. v. Blyan, 2025 ABCA 213).
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June 23, 2025
Only 24 hours to live
There was a time, altogether not too long ago, when I lived and practised law in Nunavut. Living in the Arctic was a wonderful experience. Learning from Inuit and sharing in Inuit culture was a privilege. I have many fond memories and could speak at length about them. One of the most serious challenges that nearly every person who has visited or lived in Iqaluit knows about, however, is the city’s loose dog problem.