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Thursday, September 28, 2023 @ 2:46 PM

Two judges appointed to Nova Scotia Provincial Court

Nova Scotia Judiciary announced on Sept. 28 the appointment of two judges to the Nova Scotia Provincial Court. ... [read more]

Thursday, September 28, 2023 @ 2:45 PM

Cities can be liable for ‘historical’ harms by police, lawyer says Celeste Poltak

An East Coast court’s ruling in a sex assault case dating back decades should serve as a warning to municipalities that they can be held vicariously liable for “historically intentional torts” committed by police officers, says a lawyer. ... [read more]

Thursday, September 28, 2023 @ 10:59 AM

Decision addresses when Crown can change information mid-trial Appeal

Everyone accepts that when the Crown lays a charge, the alleged violation of the law must be proven beyond a reasonable doubt. The more complex questions are what the Crown must prove and when, during the prosecution, the precise misconduct must be alleged. ... [read more]

Thursday, September 28, 2023 @ 9:54 AM

Licence refused 10 years after it was issued | Sara Blake

Ersio Amendola had been a licensed paralegal for 10 years when the Law Society of Ontario (LSO) learned of a misrepresentation in his application for the licence. It held a hearing into whether to grant the licence (which he had had for 10 years) and issued a decision refusing to grant it. This decision was upheld by the Appeal Panel and, on judicial review, by the Divisional Court in Amendola v. Law Society of Ontario 2023 ONSC 4123. ... [read more]

Wednesday, September 27, 2023 @ 5:15 PM - Last Updated: Thursday, September 28, 2023 @ 1:55 PM

SCC applies Vavilov standard of review framework; overturns FCA on immigration inadmissibility

Applying the Vavilov standard of review framework, the Supreme Court of Canada has ruled 8-0 that non-citizens can be found inadmissible to Canada and deported under the s. 34(1)(e) “security grounds” provision of the Immigration and Refugee Protection Act (IRPA) only if the non-citizen’s alleged violent conduct had a nexus to national security or the security of Canada. ... [read more]

Wednesday, September 27, 2023 @ 11:57 AM

Ontario Court of Appeal decision lacks description of trial facts Assault

On Jan. 28, 2021, C.H. was convicted of mischief under $5,000, uttering threats, common assault and sexual assault. He was sentenced on Nov. 30, 2021, following the production of a Gladue report. ... [read more]

Tuesday, September 26, 2023 @ 1:45 PM

Quebec court ruling ‘important step forward’ for labour rights, lawyer says Jean Francois Raymond

A Quebec Superior Court decision that deemed unconstitutional a provincial law which banned police officers from wearing non-regulation uniforms while on duty may represent a significant advance for labour because it recognizes the right to modify uniforms as an “associational activity” that could be protected by the Canadian Charter, according to legal pundits. ... [read more]

Tuesday, September 26, 2023 @ 12:54 PM

Ontario Court of Appeal rules trial judge erred with after-the-fact conduct evidence

Ruling that the “trial judge erred by failing to provide a proper instruction concerning the use of after-the-fact conduct evidence,” the Court of Appeal of Ontario overturned the second-degree murder conviction of a man who stabbed his roommate to death at a party in 2016, and it ordered a new trial. ... [read more]

Tuesday, September 26, 2023 @ 8:56 AM

Business email compromise, money laundering email

In today’s hyperconnected world, businesses face a multitude of cyberthreats that can have far-reaching consequences. Two particularly concerning threats are business email compromise (BEC) and money laundering. While they may seem unrelated at first, they are often intertwined, with BEC serving as a gateway for money laundering activities. ... [read more]

Monday, September 25, 2023 @ 3:58 PM

Transformative change needed in criminal justice system, UBC prof argues in new book Benjamin Perrin, University of British Columbia school of law

A University of British Columbia law professor is hoping his new book and podcast will spur a conversation about transforming the criminal justice system in Canada. Benjamin Perrin’s name may be familiar to people due to his role as criminal justice adviser and in-house legal counsel to former Prime Minister Stephen Harper. ... [read more]