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This Week's Issue

MAG must release document, rules court

Alex Robinson - Monday, November 28, 2016

The Divisional Court has ordered the Ministry of the Attorney General to release a set of draft guidelines for prosecuting HIV non-disclosure cases.
An assistant Crown attorney developed the guidelines in the unprecedented 2009 case of Johnson Aziga, an HIV-positive man who was convicted of first-degree murder for failing to disclose his status when he had unprotected sex with two women.

The guidelines were shared throughout the province with Crowns involved in HIV prosecutions and uploaded to their intranet, says Toronto lawyer Marcus McCann, who sought the document as part of a larger Freedom of Information request.

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Administrative bodies must listen to tribunals

The Federal Court of Appeal has ruled that administrative bodies must abide by the decisions of tribunals that regulate them unless certain exceptions apply.

Nanny accuses lawyer of creating fraudulent documents

A Toronto lawyer’s former live-in nanny, who has been deemed inadmissible to Canada, accused him and his wife of coming up with an alleged scheme to pretend she still worked for them full time when she did not.

Editorial: HIV and the law

Law Times has an exclusive story this week about how the Divisional Court has ordered the Ministry of the Attorney General to release a set of draft guidelines for prosecuting HIV non-disclosure cases.

Labour Pains: Punitive damages in just cause dismissals

A dismissal for just cause is a matter of substance, not form. An unsubstantiated allegation of cause could result in punitive damages for corporate employers.

Focus: Charting new courses in legal services

It’s not often a student comes out of law school, gets the nod to start a practice group at the law firm she joins after articling and quickly turns that experience into an in-house executive job in the span of a few years.

Inside Story

Monday, November 28, 2016

DALE PONDER AWARDED 2017 AWARD OF DISTINCTION
The Toronto Lawyers Association will give Dale Ponder its 2017 Award of Distinction.

Ponder, who is the chief executive and managing partner of Osler Hoskin & Harcourt LLP, first joined the firm in the 1980s as an associate.

She says that while the lack of women in the profession back then presented challenges, she was used to the environment, having grown up playing a lot of sports with male friends.

She started her career as a tax lawyer, but she soon moved into securities law, ascending to become a leading corporate and M&A lawyer. She became chief executive and managing partner of Osler in 2009, but she had already served as a co-managing partner of the firm for years before that.

Ponder says she was very lucky to have mentors in her early years at Osler such as Brian Levitt, Jack Petch and Peter Dey. Under their guidance, she was given the...

more Inside Story


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Law Times poll

Law Times reports an Ontario court has ordered the province's Ministry of the Attorney General to release a set of draft guidelines for prosecuting HIV non-disclosure cases. Do you agree with this move?
Yes, it is important for the Crown to be open and transparent about the way it prosecutes these cases, so people understand the application of the law.
No, the Crown does not have to release this information. The ministry has a right to keep this information internal, for use among employees.