legislation


  • Contingency caution

    Sep 25, 2017

    Controversy over contingency fees isn’t new. However, a ruling this week in the family law realm has important takeaways. In Jackson v. Stephen Durbin and Associates, Ontario Superior Court Justice Thomas Lofchik ordered a Toronto law firm to refund a $72,000 premium it charged to a family litigant for the favourable result achieved at trial in a custody battle.

  • New bail policy coming for Crowns

    New bail policy coming for Crowns

    Sep 18, 2017

    While new bail policies are on the horizon for Ontario’s Crown attorneys, criminal defence lawyers say the bail process needs an entire cultural shift. At an opening of the courts ceremony in downtown Toronto in early September, Attorney General Yasir Naqvi told judges and prominent members of the bar that his ministry will soon unveil a new set of bail policies and procedures for Crown attorneys.

  • Ontario to improve provincial court diversity

    Ontario to improve provincial court diversity

    Sep 18, 2017

    The Ontario government has announced plans to bolster the diversity of provincial court appointments with reforms to the province’s Judicial Appointments Advisory Committee. Lawyers say that this is a needed move, as the Ontario Court of Justice is noticeably lacking in diversity, especially outside of Toronto. “It’s a positive thing that the government is seeking a diversity of candidates when looking at judicial applications,” says Michael Spratt, partner with Abergel Goldstein & Partners LLP and also former vice president of the Defence Counsel Association of Ottawa.

  • Lawyers unhappy with CBA over tax stance

    Lawyers unhappy with CBA over tax stance

    Sep 18, 2017

    The Canadian Bar Association’s decision to join with other small business groups in protesting the federal government’s planned changes to private incorporation tax rules has some lawyers revoking their membership in protest, saying that it’s not something they should be fighting against. “I don’t feel like I was adequately consulted before they took this position,” says Chris Rudnicki, partner with Rusonik O’Connor Robbins Ross Gorham & Angelini LLP in Toronto.

  • Consider research when it comes to polyamory

    Sep 18, 2017

    This July, in R. v Blackmore, 2017 BCSC 1288, a Canadian court rendered the country’s first polygamy convictions in more than a century. There can be little doubt that convictions rendered against breakaway FLDS Mormon polygamists Winston Blackmore and James Oler were a correct application of the current law, laid out in s. 293 of the Criminal Code of Canada.

  • Caution urged on national security bill

    Caution urged on national security bill

    Sep 11, 2017

    The government has tabled a massive omnibus bill to overhaul the country’s national security regime, which will be debated this fall. Lawyers say they have concerns about how the bill addresses issues such as collection of personal information, information sharing with other governments and how to help clients who find themselves on the no-fly list.

  • Concerns voiced over non-lawyer JPs

    Concerns voiced over non-lawyer JPs

    Sep 5, 2017

    Of the 38 justices of the peace the provincial government appointed this summer, only 12 have law degrees. This has led to a renewed call by lawyers for a requirement that justices of the peace who preside over bail hearings have a law degree.

  • Protest protested

    Sep 5, 2017

    Lately, the act of public protest — particularly on public grounds — is getting more scrutiny than ever before. Therefore, the legal elements of the recent ruling in Bracken v. Fort Erie (Town), 2017 ONCA 668 may have important implications for municipalities across Ontario.

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