Focus On


  • Interprovincial trade barriers evolving
    Arnold Schwisberg says the SCC’s reasons in a recent case made it ‘appallingly easy’ for provinces to formulate ‘a pretextual case’ for almost any provincial legislation that effectively discriminates against goods or services from any other province.

    Interprovincial trade barriers evolving

    From all appearances, the legal landscape affecting interprovincial trade barriers and s. 121 of the Constitution Act, 1867 is evolving much more quickly than perhaps anyone expected.

  • Free trade deal impacts IP
    Nathaniel Lipkus says recent changes to intellectual property rights in the Canada-United States-Mexico Agreement puts Canada ‘much more on the IP protection side of the ledger.’

    Free trade deal impacts IP

    A lot of public attention on the merits of the trade agreement signed by Canada, the United States and Mexico has focused on industries such as the dairy sector and disputes over steel and aluminium tariffs that are still in place.

  • TPP start date means faster changes on tariffs
    Jessica Horwitz says free trade agreements are advantageous for the Canadian economy.

    TPP start date means faster changes on tariffs

    The Comprehensive and Progressive Trans Pacific Partnership will come into force on Dec. 30, and because of the way in which the treaty was drafted, the year-one tariff reductions will only be in effect for two days before the year-two tariff reductions come into force on Jan. 1.

  • Crown only has to prove ‘realistic risk’
    Mike Kruse says courts are less likely to accept the evidence of an individual who was found in their car and had a high level of impairment.

    Crown only has to prove ‘realistic risk’

    The bar for the Crown to meet to prove that there was a “realistic risk” to the public by someone found intoxicated inside a parked car is a low one, an Ontario Superior Court judge stressed in a recent ruling.

  • Harsh conditions mean more enhanced credit requests
    Marianne Salih says more appellate guidance would be helpful around seeking applications for enhanced credit.

    Harsh conditions mean more enhanced credit requests

    Harsh conditions and frequent lockdowns in provincial detention centres are leading to more applications for “enhanced credit” for pretrial custody beyond the standard amount permitted under the Criminal Code.

  • Court delays persist, despite Jordan
    Leo Russomanno says a pilot project where there are judges instead of justices of the peace handling bail hearings ‘has changed the culture of bail.’

    Court delays persist, despite Jordan

    The Supreme Court of Canada decision in Jordan and the problems it tried to address are still top of mind in the criminal courts in Ontario nearly two-and-a-half years after it was released.

  • Scrutiny heightens on NCR findings
    Joseph Neuberger says the criminal justice system has to deal with more potential NCR cases because of a lack of mental health resources and untreated individuals.

    Scrutiny heightens on NCR findings

    Two high-profile criminal proceedings in Toronto have again put a spotlight on the issue of defendants who are found not criminally responsible as a result of mental illness and what needs to be shown before this finding is accepted.

  • Dancer ordered to turn over social media photos
    Maia Bent says one of the more interesting parts of a recent Ontario Superior Court decision is the suggestion that social media data should be outlined in a plaintiff’s affidavit of documents.

    Dancer ordered to turn over social media photos

    Plaintiffs should loosen their privacy expectations as courts fumble their way toward a test for social media production in personal injury litigation, according to a London, Ont. personal injury lawyer.

  • Lawyer tries to overhaul civil jury process
    Jeff Strype says he would like to see Ontario follow the lead of other jurisdictions, such as Quebec and the United Kingdom, where juries are no longer allowed in motor vehicle cases.

    Lawyer tries to overhaul civil jury process

    A Toronto personal injury lawyer is not giving up his fight to reform the province’s civil jury process, despite a setback in the Ontario Superior Court of Justice.

  • Hamilton crash cases lead to different results
    Michael Smitiuch says a recent case in which he acted raises fundamental issues about road safety in Canada and could potentially impact all drivers across the country.

    Hamilton crash cases lead to different results

    The Supreme Court of Canada should step in to clear up the confusion created by two recent Ontario Court of Appeal judgments that arrived at opposite conclusions on a municipality’s liability for roadway non-repair, according to lawyers.

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