The Complete Brief
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May 10, 2024
Court of Appeal decision focuses on deterrence, protection of society and sentence
One would expect that when Crown counsel Dena Bonnet began arguing a sentence appeal on March 12, 2024, she had to be confident the matter was a sure winner. She has served as Crown counsel at the Crown Law office since 2008 and regularly appears before the Ontario Court of Appeal. She could realistically argue that the sentence handed down at trial was demonstrably unfit.
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May 10, 2024
Authorized Quebec consumer class actions being dismissed on the merits
Despite Quebec’s low threshold for the authorization of a class action, this does not appear to be any indication of the success of the case on the merits. Until recently, defendants facing an authorized class action often considered settlement negotiations with the plaintiff rather than going to trial. However, a series of recent decisions indicate that defendants may be wise to challenge plaintiff’s claims on the merits.
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May 10, 2024
Court dismisses motion, cites ‘culture of complacency’ and delays in civil justice system
An Ontario Superior Court judge has dismissed leave to bring a motion in a long-running business dispute, lashing out at constant delays and a culture of complacency in Ontario's civil justice system.
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May 10, 2024
Albertans need a ‘simpler, more affordable and stable’ auto insurance system: province
Alberta is once again seeking public input on automobile insurance as part of their quest to bring in lower rates for consumers while still maintaining the stability of the system. But an organization representing civil lawyers in the province is saying that adopting a “no-fault” system is not the best way to go, despite the province’s seeming embrace of it.
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May 10, 2024
New associate joins Lerners in London
Efua K. Gyan joined Lerners LLP as an associate in the firm’s health law and labour and employment groups.
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May 10, 2024
New president of Toronto Lawyers’ Association announced
The new board president for the Toronto Lawyers’ Association’s (TLA) 2024-25 term is Mark Crane, a press release announced.
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May 10, 2024
SENTENCING — Aggravated assault — Breach of probation — Concurrent sentences
Appeal by Crown from two-years’ sentence imposed on Fortune for one count of aggravated assault and concurrent six-month sentence for the breach of probation count.
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May 10, 2024
Business groups call on Ottawa to cancel proposed increase in capital gains inclusion rate
A collection of Canada’s largest industry associations is calling on the federal government to scrap its plan to increase the capital gains tax inclusion rate, arguing it will make Canada less competitive internationally.
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May 10, 2024
Federal Court affirms Employment Insurance Commission’s decision to disentitle EI benefits
In the complex realm of administrative law, the recent ruling by the Federal Court sheds light on the intricacies of employment insurance (EI) entitlements. Mr. Puig, an international student seeking regular EI benefits, found himself embroiled in a legal dispute after being disentitled from benefits in March 2021 due to study permit restrictions. Exploring the intricate issues of policy interpretation, evidentiary requirements, and judicial discretion, this case encapsulates the challenges faced by individuals navigating the complexities of administrative processes (Puig v. Canada (Attorney General), [2024] F.C.J. No. 517.
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May 10, 2024
Pioneering sustainability: Charting new frontiers in fund finance
In recent years, sustainable finance has become increasingly prevalent, reflecting a growing awareness of environmental, social and governance (ESG) factors within the finance sector. The release of the Guide to the Application of the Sustainability Linked Loan Principles in Fund Finance (Guide) in March 2024 marks a significant milestone in this evolving landscape.