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This Week's Issue

Fight for publication ban in police trial

Shannon Kari - Monday, May 2, 2016

The ongoing prosecution of three Toronto police officers accused of sexual assault is the latest high-profile case where there is a dispute over whether details in an information to obtain should be subject to a publication ban until the end of the trial.
Lawyers representing the officers and various media outlets are scheduled to argue a defence request for a publication ban on May 3 in Ontario Superior Court. A number of rulings in recent years on this legal issue have highlighted differences of opinion among some of the most senior Superior Court judges in the province.

Toronto police officers Leslie Nyznik, Joshua Cabero, and Sameer Kara are all facing charges of sexual assault causing bodily harm as a result of an off-duty incident last year at a downtown hotel. The alleged victim is a civilian employee of the Toronto police a...

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Firm must pay $400,000 legal bill, even if contract nixed

Accountancy firm BDO Dunwoody faces a $400,000 legal bill after Ontario’s top court ruled it must pay its former lawyers the fees run up under a contingency agreement, even if the law firm ultimately repudiated the contract.

Ruling against insurance company for punitive damages

An Ontario jury has taken the unusual step of imposing $175,000 in punitive damages on insurance companies that denied compensation to a man who lost his home in a fire.

Editorial: Not a knee-jerk reaction

There’s a familiar lament about the havoc the Internet is wreaking on both traditional business structures of law and traditional business structures of journalism. The lament centres on the disintegration of an old-guard structure, and the Wild West atmosphere of a confined landscape broken open.

Speaker's Corner: A story of unchecked power

In March of this year, two men died within a week while in the custody of the Canada Border Services Agency in Ontario — one in an immigration holding centre and the other in a jail. One of them reportedly committed suicide, and the cause of death of the other is still unknown. In December 2013, a woman in CBSA custody in British Columbia died in hospital after trying to hang herself at an airport holding centre; the death was not publicly reported until a month later.

Focus: Ruling favours privacy rights of survivors

In a case that tied questions of aboriginal law with privacy law, the Ontario Court of Appeal recently decided indigenous Canadians who suffered abuse in residential schools could decide whether their evidence will be archived or destroyed after a mandatory 15-year retention period.

Inside Story

Monday, May 2, 2016

Miller Thomson LLP has announced its Charities and Not-For-Profit group will now be known as the Social Impact Group.

The group will “continue to provide unique value-added services that help organizations succeed through changing economic, political and technological realities,” according to a firm news release.

“Clients are looking for sustainable new ways to deliver social change,” said Susan Manwaring, national chairwoman of Miller Thomson’s Social Impact Group.

“Increasingly, our legal team is being called upon to help organizations design innovative structures, identify and unlock creative sources of revenue, lay the groundwork for social investments, and navigate a changing landscape of regulatory and financial risk.”

For more information, visit   

BTI Consulting has named the best law firms at creating and using alternative fee arrangements, and Blake Cassels & Graydon LLP has made the cut. There were 22 law firms selected.

“These are the...

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Law Times poll

Law Times reports there is a dispute whether a publication ban should be granted in a case concerning three police officers accused of sex assault. Do you believe publication bans are usually granted fairly?
Yes, publication bans are usually carefully considered and exist to protect both victims and offenders from unfair prejudice during a proceeding.
No, publication bans are granted far too easily, which means the public does not get the timely information they deserve.