Access to Justice
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June 16, 2025
SCC clarifies how to determine child’s ‘habitual residence’ in non-Hague Convention custody disputes
In upholding an Ontario Superior Court’s assumption of jurisdiction over an international custody dispute, the Supreme Court of Canada has given guidance on how courts should determine the habitual residence of children allegedly wrongly taken or withheld by a parent from a foreign jurisdiction that has not signed onto the Convention on the Civil Aspects of International Child Abduction (Hague Convention).
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June 20, 2025
Appeal Court underscores judge’s reasonable inferences in Thunder Bay drug case
Tourists view northern Ontario as a region of contrasts, showcasing lively populated areas amid pristine natural beauty. However, during a drug trial, expert evidence portrayed Thunder Bay as a hub for drug trafficking, where drugs sold at elevated prices attracted dealers from outside the region.
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June 19, 2025
FCA sets aside decision that declared Ottawa must fill judicial vacancies ‘within a reasonable time’
A novel Federal Court action that tried to compel Ottawa to fix its chronic tardiness in filling superior court vacancies has been dismissed for lack of jurisdiction by the Federal Court of Appeal; however, the law firm that launched the case to help its clients and other litigants says its efforts were not in vain.
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June 19, 2025
Trial judge parses art, science of sentencing
Editor’s note: This article was originally published on July 31, 2023, and was inadvertently republished on June 19, 2025. Duplicate article has been removed. Please see original here
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June 19, 2025
Gérard V. La Forest leaves a legacy of legal brilliance
The Canadian legal community experienced a profound loss last week when the Honourable Justice Gérard Vincent La Forest died at the age of 99. Justice La Forest’s life story is remarkable, rising from humble beginnings in Grand Falls, N.B., to the Supreme Court of Canada.
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June 18, 2025
Flawed police testimony leads to successful appeal
It seemed to be an impulsive trip from Guelph, Ont., to Sudbury, Ont., for three young men. On Dec.1, 2017, OPP officer David Desroches stopped Adam Chiarelli, who was speeding in his mother’s car on Highway 400. After impounding the car and taking the three men to a nearby gas station, officer Scott Orsan noticed the scent of cannabis. He discovered marijuana and related items during a search of the vehicle. All three men were arrested.
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June 17, 2025
Ontario faces $30M class action over alleged mass abuse at Maplehurst jail
Ontario is facing a $30-million proposed class action over allegations that nearly 200 inmates at a correctional facility were subjected to illegal strip searches and systematic violence as collective punishment for an individual inmate assaulting a guard.
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June 17, 2025
LSO presents honorary doctorate to Dr. Peter Jaffe
The Law Society of Ontario (LSO) has awarded an honorary degree to Dr. Peter Jaffe.
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June 17, 2025
Legal harmonies: Exploring law through the lens of symphonic masterpieces
Symphonic music, with its grand scale and emotional depth, has long been a powerful medium for expressing complex societal themes. As a mirror to society, symphonic music has long reflected cultural, political and legal norms.
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June 16, 2025
Insurance Bureau says unchecked increase in litigation funding could drive up insurance costs
The Insurance Bureau of Canada (IBC) is calling for restrictions on litigation funding on the basis that it is being used as an investment tool that uses the court system to generate profits for large financial firms.