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This Week's Issue

Yet another firearms offence declared unconstitutional

Tali Folkins - Monday, August 31, 2015

An Ontario court has struck down yet another mandatory minimum sentence for a firearms offence as unconstitutional using the hypothetical approach used by the Supreme Court of Canada in R. v. Nur.
“It is in a way an illustration of the sad state of affairs which exists in criminal law now because of the imposition on judges of mandatory minimum sentences,” says Toronto defence lawyer Aaron Harnett of the judge’s use of a reasonable hypothetical analysis in R. v. Shobway to find a mandatory minimum sentence unconstitutional despite his conclusions on the specific circumstances of the offender.

“It now is causing jurists to have to engag...


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Ensuring OBA’s relevance key for new president

While he may be coy with the specifics, new Ontario Bar Association president Ed Upenieks says making sure the organization stays relevant at a time of fast change for the profession will be a top priority for the coming year.

Prof concerned as legal issues sidelined by politics in Duffy case

While the Mike Duffy trial has focused heavily on the political implications, at least one legal observer feels the legal issues have languished and suggests the proceedings so far don’t speak particularly well of the criminal justice system.

Labour Pains: Deductions of disability payments in wrongful dismissals clarified

One vexing question that has been the subject of further judicial scrutiny is whether to allow the payment of disability income to wrongfully dismissed employees at the same time that they’re receiving their full salary for the reasonable notice period.

Personal Injury Law: New regulation means disaster for injured drivers

On Aug. 27, the Ontario government reduced accident benefits purportedly as a way to cut automobile insurance premiums.

Focus: Potential change to 30% rule among considerations in pension realm

To a large extent, the investment space for pension funds has in the last decade reflected the exponential growth of the major Canadian funds.

Inside Story

Monday, August 31, 2015

FAMILY LAWYER APPOINTED TO THE BENCH
The provincial government has appointed lawyer Melanie Sager to the bench of the Ontario Court of Justice.

Sager, a lawyer called to the bar in 1995, has been a sole practitioner of family law for the past 20 years.
Her work has included acting as duty counsel and representing children as an agent for the Office of the Children’s Lawyer.

Outside of court, Sager serves on the board of directors of the Scarborough Women’s Centre and has been on the board of the Family Lawyers Association. Her appointment to preside in Toronto is effective Sept. 8.

CROWN’S CIVIL CASE AGAINST FORMER LAWYER MOVES FORWARD
The Ontario Superior Court has upheld a decision allowing Crown attorney Roger Shallow to amend his civil claim against his former lawyer.

The case, Shallow v. Adair, relates to Shallow’s 2007 arrest by Toronto police, who charged him with causing a disturbance and obstruction. With...

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The Law Times Daily is out! http://t.co/kT9fKKNSr9 Stories via @OntarioTrialLaw @wendygillis @beyondthecode15
New trial ordered in beer league ‘blindside hit’ conviction http://t.co/q9XqlElAZZ #cdnlaw #hockey
Appeal court upholds Ontario's legislation requiring speed limiters http://t.co/2pqCBMC7ew
'Hockey strategy is not a proper subject for judicial notice,' says OCA in ordering new trial over on-ice collision http://t.co/52ncEAIu50
Distracted driving laws get serious tomorrow! Fines and demerits increasing dramatically http://t.co/LyGkcr7bbp via @FindlawCanada #cdnlaw

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