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This Week's Issue

Court overturns decision on limitations period

Alex Robinson - Monday, June 19, 2017

The Ontario Court of Appeal has overturned a lower court decision that found a one-year limitations period was appropriate for claims tenants bring against their landlords.
The decision means the limitations period for such matters is two years. Lawyers say the decision to overturn the earlier October 2016 ruling in Letestu v. Ritlyn Investments Limited is important because it could have led to the dismissal of hundreds of claims and an increase in negligent representation claims against lawyers who would have been more likely to miss the shorter limitations period.

Sonia Leith says the Court of Appeal’s ruling means t...


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Ruling strict about document disclosure

Lawyers say a recent Court of Appeal decision clarifies that courts are going to use a strict approach when considering whether a franchise disclosure document complies with provincial legislation.

Defence lawyer finishes murder trial on dialysis

When prominent criminal defence lawyer Edward Sapiano was diagnosed with kidney failure in 2014, he did not see it as the blow that could end his career but as a new challenge.
“I just decided that was fate levelling the playing field for my adversaries, but it didn’t work,” says Sapiano.

Law Society of Upper Canada mulls name change

The Law Society of Upper Canada is considering changing its name to move away from what critics say is an archaic tradition.

Editorial: Unfake news, open info

On the face of it, access to information and press freedom may not seem like the most lawyerly issues.

Speaker's Corner: Press freedom matters to lawyers

U.S. political journalists and the public they serve are, by any measure, in uncharted waters. Even prior to his election, President Donald Trump began destabilizing, disregarding and dismantling well-established norms of press freedom.

Focus: Immigration detention under fire

Lawyers say a recent Federal Court of Canada case shows the need for Canada to overhaul the way the country deals with the detention of immigrants.

Focus: Lawyers unhappy with preclearance bill

Three Canadian Bar Association sections have flagged concerns with a federal bill aimed at boosting trade and speeding up the pre-clearance process. Bill C-23, Preclearance Act, 2016, has its genesis in an agreement announced in March 2015 between then-American president Barack Obama and then-Canadian prime minister Stephen Harper.

Focus: Collaborative law chosen for family law battles

The confrontational scenario of two former lovers who are now feuding adversaries duking it out in a courtroom over children and assets is itself being increasingly challenged.

Focus: Coalition helps people hurt by travel ban

After U.S. President Donald Trump implemented a travel ban that caught people off guard earlier this year, Canadian lawyers quickly built a network to help out those affected.

Inside Story

Monday, June 19, 2017

CHIEF JUSTICE MCLACHLIN TO RETIRE
Chief Justice of the Supreme Court of Canada Beverley McLachlin has announced that she will retire effective Dec. 15.

McLachlin, who was selected as a “Top 25 Most Influential Lawyer” by Canadian Lawyer multiple times, is widely respected in the legal profession for her leadership on the court as well as her outspokenness on issues such as access to justice, free speech, diversity and inclusive leadership.

Her judicial career began in 1981 when McLachlin was appointed to the Vancouver County Court. In 2000, she was appointed Chief Justice of Canada. McLachlin is the first woman to hold this position.

She is also Canada’s longest-serving chief justice, having held the position for nearly 18 years.

LAWYER ORDERED TO PAY $100,000
A lawyer who was heavily criticized by a Superior Court of Justice judge for her role in a custody battle involving the Children’s Aid Society has been ordered to personally pay $100,000....

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Law Times poll

A Law Times columnist says given the responsibility to uphold the Charter of Rights and its associated values, Canadian lawyers should respect and defend press freedom. Do you feel press freedom in Canada is under threat?
Yes, there are ongoing criminal cases involving journalists doing their jobs, that concern me.
No, considering the international climate, Canada is a free, fair and open place when it comes to press freedom.