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NEW Rape shield law unfairly applied; court quashes sex assault conviction

TORONTO — Canada's so-called rape-shield law, which aims to protect sexual-assault complainants from unfair and irrelevant scrutiny of their sex lives, cannot be used ... Read more

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Despite case, system not ‘intrinsically corrupt’

A case involving a justice of the peace fired for interfering in an assault matter in which his partner was the alleged victim is a rarity but “scary” ... Read more

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Jurors' internet research disruptive to entire process: Orlando

It is unrealistic in this day and age to think that jurors won’t conduct their own internet research during a trial, Toronto critical injury lawyer Dale Orlando tells ... Read more

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Adult son's high-profile eviction would have been easier in Ontario

Kicking family members out of your house is typically easier than getting rid of tenants, Toronto civil litigator  Sarah O’Connor  tells  AdvocateDaily.com . ... Read more

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Bill C-46 distorts ‘serious criminality’ provisions for immigrants

A new law that increases the maximum penalty for impaired driving will have a “disproportionate” impact on immigrant offenders, Toronto immigration lawyer  Robin ... Read more

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Surrogacy laws need more work: Cohen

Canada still has a long way to go to bring clarity to the laws governing reproductive issues, Toronto fertility lawyer  Sara Cohen tells Law Times . Cohen, founder ... Read more

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Health sector keeping close eye on nurse inquiry

ST. THOMAS, Ont. — A nurse who killed elderly patients in her care was disciplined several times over poor job performance but no one thought she was seriously harming ... Read more

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Morrow reflects on tenure as LSO's Complaints Resolution Commissioner

Reflecting on the past four years as the Law Society of Ontario's (LSO) independent Complaints Resolution Commissioner, Toronto mediator and arbitrator Bernard ... Read more

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IRCC officers need to be mindful of cultural biases

When assessing spousal sponsorship applications, Canadian immigration authorities tend to apply their cultural biases as to what constitutes a genuine relationship, Toronto ... Read more

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Mandin optimistic Bill 139 can offer balance

Toronto civil litigator  Stephany Mandin tells Law Times she’s optimistic that last month’s enactment of Bill 139 will help balance a municipality’s ... Read more

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Court decision on waivers bad news for public safety

An Ontario Court of Appeal decision upholding a pair of ski resort waivers is a boon for insurers and a bust for public safety, Toronto critical injury lawyer John McLeish tells ... Read more

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SCC decision a step toward reducing number of Aboriginals in prison

OTTAWA — The Supreme Court of Canada (SCC) says the federal prison service has failed to ensure its psychological assessment tools are fair to Indigenous inmates. In a ... Read more

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Rosen: SCC affirms counsel's right to 'fearless advocacy' in Groia case

The Supreme Court of Canada (SCC) has reaffirmed the right of counsel to engage in fearless advocacy by quashing a finding of professional misconduct against a lawyer, Toronto ... Read more

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Important to understand legal rights as common-law couple

Although more Canadians no longer think of marriage as “necessary” for two people who want to spend their lives together, Toronto family lawyer Laura Paris says ... Read more

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Analyzing school bus safety in wake of Broncos crash

The deadly crash in April involving a semi-trailer and a coach bus carrying the Humboldt Broncos hockey team raises questions about bus safety, but it may be unlikely that any ... Read more

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Vindication for 'Scud Stud' comes at a cost: Winkler

While a former war correspondent achieved vindication in his defamation suit against one of Canada’s biggest media companies, it came at a great expense, Toronto lawyer and ... Read more

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OBA's elder law section response to aging population: Benmor

The emergence of the Ontario Bar Association’s (OBA) nascent elder law section was an inevitable reaction to Canada’s aging population, Toronto family lawyer, mediator ... Read more

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'Doctrine of emergency' often fails to be full defence

While a defendant may claim an emergency situation required an immediate response, there is a significant burden of proof to show they met the lower standard of care and the ... Read more

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Court clarifies process for will challengers

Lawyers in the estates bar are breathing a sigh of relief after a recent decision provided some clarity on the evidence required to support a will challenge, Toronto-area estates ... Read more

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BYOD policies a must to avoid eDiscovery disaster

Employers should prepare for the worst if they want to realize the potential savings of a Bring-Your-Own-Device (BYOD) policy, says Wendy Cole , director of project management ... Read more

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