Latest Commentary

  • Gabrielle Giroday

    Editorial: Not so vexatious

    Justice David Stratas of the Federal Court of Appeal has delivered a balanced ruling on the thorny problem of vexatious litigants. As reported in Law Times, lawyers say the ruling litigant will bring greater certainty to when and how lawyers should bring motions to curb frivolous litigation.

    Gabrielle Giroday|Mar 27, 2017
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    Speaker's Corner: Criminal law out of step on HIV

    While there remains no cure for HIV, available medications are effective at managing the virus. People living with HIV who have access to sustained treatment have more or less the same life expectancy as those who are HIV-negative. Knowledge of prevention strategies is also better than ever, and it is much harder to transmit HIV than generally supposed.

    Ryan Peck|Mar 27, 2017
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    Speaker's Corner: Missed opportunity for family law

    The Ontario government recently released the findings of Justice Anne-Marie Bonkalo, in the form of the long-awaited Family Legal Services Review. According to the government, the review was done because a “key priority for the Government of Ontario and the Ministry of the Attorney General is to focus on initiatives that promote fairness and access to the justice system for all Ontarians.”

    Robert Shawyer|Mar 20, 2017
  • Gabrielle Giroday

    Editorial: Protecting sources?

    Much coverage has been dedicated to the trouble the journalism industry has endured in the last decade. And yet, there are bright spots. One sunny note is Bill S-231, in the wake of revelations from Quebec that Montreal police were spying on journalists.

    Gabrielle Giroday|Mar 20, 2017
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    Speaker's Corner: Ticket bots: Raging against the machine

    Ontario Attorney General Yasir Naqvi recently announced that the provincial government is seeking public input to address the problems presented by so-called ticket bots. For those unfamiliar with this dystopian-like term, ticket bots are software programs that obtain tickets from an online ticket-selling platform beyond a specified limit, circumventing website fair purchase rules. These tickets are then typically resold, often at marked-up prices.

    Paul Chodirker and Maya Bielinski|Mar 13, 2017
  • Gabrielle Giroday

    Editorial: A tart ruling

    One hopes that Ontario Attorney General Yasir Naqvi took a look at an Ontario Divisional Court ruling issued recently. The ruling in Gilbert’s LLP v. David Dixon Inc., 2017 ONSC 1345 (CanLii) is a sharp rebuke regarding the current state of the province’s assessment office.

    Gabrielle Giroday|Mar 13, 2017
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    Speaker's Corner: Civil delays and access to justice

    In the 2016 decision of R v. Jordan, the Supreme Court of Canada revisited s. 11(b) of the Canadian Charter of Rights and Freedoms. The section states that an accused person has the right “to be tried within a reasonable time.”

    Andrew Monkhouse and Samantha Lucifora|Mar 6, 2017
  • Gabrielle Giroday

    Editorial: No judge is an island

    Revolution in the streets is what leads to decisions in the courts, said a sign I saw last week. It surprised and delighted me, as it was a reference to the fact that our ever-evolving social context can inform our judges and vice versa. While in theory there is a delineated line between the judges and legislators, both are informed by the social climate of our time.

    Gabrielle Giroday|Mar 6, 2017
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    Speaker's Corner: Hidden camera has implications for privacy law

    Late last year, the Ontario Superior Court of Justice released Patel v. Sheth, the next in a series of cases following the 2012 recognition of a tort of intrusion upon seclusion in Jones v. Tsige.

    Roland Hung|Feb 27, 2017
  • Gabrielle Giroday

    Editorial: Family welfare

    Law Times has two stories this week focused on issues related to child welfare. In one, Ontario Superior Court Justice Grant Campbell found two lawyers provided incompetent counsel while representing parents in a family law case that he said shows the poor state of the child welfare system in Canada.

    Gabrielle Giroday|Feb 27, 2017
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