Canadian Lawyer Magazine

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McLachlin's retirement prompts speculation about who will fill chief justice spot

In the wake of Chief Justice Beverley McLachlin's announcement that she will be retiring from the Supreme Court of Canada in December, the legal profession...

Former SCC justice Marshall Rothstein joins Osler Hoskin & Harcourt LLP

Mark Longo, Osler's Vancouver office managing partner, said: "Having Marshall join our growing office is a terrific endorsement of our platform in the B.C. market.

In search of the right expert witness

“Expert opinion evidence can be a key element in the search for truth, but it may also pose special dangers,” wrote Justice Thomas Cromwell in...

Changes coming to SCC law clerks program

In recent years, it seems judges of the court are being asked increasingly to do things outside the courtroom such as give speeches and attend...

Manitoba lawyer Sidney Green decides to retire rather than follow ...

The Supreme Court of Canada has dismissed the appeal of a Manitoba lawyer who was automatically suspended from the law society for his failure to...

Legal affairs Senate committee calls for action on judicial vacancies

A Senate committee has demanded the federal government immediately fill 44 judicial vacancies nationwide that it says are “hobbling” Canada's justice...and more »...

Ontario has jurisdiction over third-party claim in GM dealers action: SCC

Financial Post“Allowing the Quebec third party claims to proceed in Ontario along with the 118 other law firms, would clearly by a more efficient and...

The surreal case of Lyle Howe

Supreme Court of Canada Chief Justice Beverley McLachlin has long spoken out about the need to diversify the colour and gender of a Canadian bench...

The trouble with sex assault trials

In an overview of the law of sexual assault and the need both to encourage reporting of this crime and to ensure that myths about...

No clear path

The Supreme Court of Canada is normally the end of the road for contentious legal issues, regardless of which area of the law is...

SCC strikes down two tough-on-crime measures

The Supreme Court of Canada today struck down two so-called tough-on-crime measures introduced by the former Conservative government, ruling the changes to sentencing practices were...

Cotler calls for changes to Supreme Court selection process

Following news of the impending retirement of Supreme Court of Canada Justice Thomas Cromwell, former Liberal minister of justice and attorney general Irwin Cotler is...

Supreme dress rehearsal

James LeNoury had scarcely launched into his oral submission on a Supreme Court of Canada wrongful dismissal appeal when questions began to fly thick...

Hryniak two years on

Mauldin by Justice Andromache Karakatsanis as a “legitimate alternative for adjudicating and resolving legal disputes” not merely a “tool used to weed out clearly unmeritorious...

A triumvirate of restrictiveness gone

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Ron-Poulton.jpg In its recent decision in Kanthasamy v. Canada (Citizenship and Immigration), the Supreme Court of Canada has altered the landscape of humanitarian ...

SCC requires tech neutrality in copyright negotiations

Justice Marshall Rothstein came out clearly and squarely expressing the view that, if a reproduction occurs, it's a copy, says Barry Sookman. ... “Justice Rothstein...

Who are 'Indians' within Parliament's legislative authority and why does it ...

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_Jason_Madden.jpg On Oct. 8, the Supreme Court of Canada will hear arguments from Canada, Alberta, Saskatchewan, the Métis Nation, First Nations, and other groups in ...

Northern boot camp

This past May, Supreme Court of Canada Justice Andromache Karakatsanis travelled to Nunavut to judge the event held at Inuksuk High School. “We have so...

Vancouver's van Ert named new SCC executive legal officer

Rees, who will be returning to his civil litigation practice at Stockwoods in Toronto, had worked for the Supreme Court previously. Following his call to...

Battle over Child Support Guidelines ongoing despite SCC ruling

Today's decision, written on behalf of a unanimous court by Justice Thomas Cromwell, makes clear that superior courts have overriding discretion to deny judicial review,...

Expert witnesses need not be independent, Supreme Court rules

And a number of them would get up and say, 'Can you believe that the Nova Scotia Court of Appeal is saying that you don't...

'Tricky' to predict who will replace Justice Rothstein

The announcement last week by Justice Marshall Rothstein that he is retiring means that Prime Minister Stephen Harper has an opportunity to appoint his eighth...

Taking stock of food fables

b_150_0_16777215_00___images_stories_01-INHOUSE_2015_May_IH_May_2015-cover.jpg On its labels and in its advertising, including its web site, Vitaminwater is classified as a “nutrient enhanced water beverage,” by Glacéau, the Coca...

Privilege isn't a shield against contempt: Supreme Court

“I think it's really helpful guidance for the profession now that the Supreme Court has effectively confirmed what both Justice Cromwell has said, so there's...

Carving out a profile

Fighting a cold on that winter morning, Karakatsanis is still gracious and welcoming inside her Supreme Court office, with its traditional large wooden desk and...

NB legal aid exec wins contract dispute at SCC

The New Brunswick Legal Aid Services Commission breached the term of its employment contract and constructively dismissed an executive director when it suspended him indefinitely...

Recognizing lawyers' unique role

While no lawyer was ever affected by the stringent reporting rules in the federal government's money-laundering legislation that some said would turn them into “agents...

Taking on the big guns

Alani says he was inspired in his Senate case in no small way by Rocco Galati, the constitutional crusader who successfully challenged the Harper government's...

Great strides but more work to be done for women: chief justice

Charter Day was Victoria University's 178th birthday on Oct. 8, which was celebrated by awarding honorary degrees to McLachlin and fellow Supreme Court Justice Rosalie...

SCC strikes down BC's court hearing fees

Measures that prevent people from coming to the courts to have those issues resolved are at odds with this basic judicial function. Therefore, hearing fees...

The trouble with criminal speech

301 did make it to the Supreme Court of Canada, it almost certainly would be struck down. The reasoning that most lower-court judges have relied...

SCC limits appeal courts' ability to raise new issues

So ruled the Supreme Court of Canada today in Mian v. R. — a ... Today's unanimous ruling, however, written by Justice Marshall Rothstein, restores...

SCC limits appeal courts' ability to raise new issues

So ruled the Supreme Court of Canada today in Mian v. R. — a ... Today's unanimous ruling, however, written by Justice Marshall Rothstein, restores...

Legal Feeds Blog

So ruled the Supreme Court of Canada today in Mian v. R. — a ... Today's unanimous ruling, however, written by Justice Marshall Rothstein, restores...

Cracking the system

... the top court, the criticism of the Supreme Court of Canada reached previously unthinkable levels with the minister of justice and Stephen Harper himself...

Video: Chief Justice Beverley McLachlin at CBA meeting

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_August_ChiefJusticeMcLacklin.jpg Supreme Court Chief Justice Beverley McLachlin told the Canadian Bar Association's council that 2013 has been a “busy and productive year” for ... ...

McLachlin puts spat with PM behind her

ST. JOHN'S — Despite the prime minister's suggestion she acted inappropriately in the Justice Marc Nadon matter, Supreme Court Chief Justice Beverley McLachlin said she's...

Contract interpretation is no longer a question of law

The standard of appellate review for contract interpretation has been redefined by the Supreme Court of Canada. Buried in the depths of summer and delivered...

The Top 25 Most Influential 2014

A number of previous winners are back this year: Supreme Court of Canada Chief Justice Beverley McLachlin; Vancouver criminal and human rights lawyer Joseph Arvay;...

DoJ hunger games

Conservative Leader Stephen Harper had sent a chill through senior public servants a few days earlier when he reassured Canadians he couldn't do anything rash...

The highlight of the summer

She has not been on the list for a few years but 2014's top vote getter was Supreme Court of Canada Chief Justice Beverley McLachlin...

Legal Feeds Blog

ST. JOHN'S — Despite the prime minister's suggestion she acted inappropriately in the Justice Marc Nadon matter, Supreme Court Chief Justice Beverley McLachlin said she's...

SCC sets high standard for Mr. Big confessions

The Supreme Court of Canada today set tough new standards for the admissibility of confessions elicited from “Mr. Big” operations — elaborate stings where undercover...

Global law group accuses Harper of encroaching on judicial independence

Prime Minister Stephen Harper's public comments about Chief Justice Beverley McLachlin this spring “amounted to an encroachment on the independence of the judiciary,” the International...

Chief justice celebrates pro bono work with students

Supreme Court of Canada Chief Justice Beverley McLachlin mingles with students after the Q&A. (Photo: Zachary Pedersen). “What her efforts reflect is that at the...

Flip your wig tomorrow

It is no secret access to justice in Ontario is in a grave state. A recent report by the Action Committee on Access to Justice...

Court fees face SCC scrutiny

In April, Supreme Court Chief Justice Beverley McLachlin will have a chance to put her money where her mouth is on access to justice. That's...

Pension benefits not deductible from wrongful dismissal damages

The Supreme Court of Canada's decision in IBM Canada Ltd. v. Waterman has confirmed pension benefits generally are not deductible from damages for ... by...

The Evolution of Legal Education

“If I talk to alumni — and this includes a chat I had not long ago with Andromache Karakatsanis, who is an alumni of Osgoode...