Articles

Aujourdʼhui
Aujourdʼhui

Pleading to Provincial Offences Under s. 606(4)

  • 13 janvier 2019
  • Benjamin Janzen, Assistant Crown Attorney

Assistant Crown Attorney Benjamin Janzen provides helpful tips for counsel assisting individuals with guilty pleas to provincial offences.

Justice pénale, Student Forum

The Dark Web

  • 13 janvier 2019
  • Erin Pancer, senior prosecutor with the Ministry of the Attorney General, Guns and Gangs Unit

Crown Attorney Erin Pancer provides an overview of the Dark Web and the role of cryptocurrency in facilitating the purchase of drugs and firearms.

Justice pénale, Student Forum

Context is Everything: Voluntariness in 2018

  • 13 janvier 2019
  • Lisa Jørgensen, Cooper Jørgensen

Lisa Jørgensen provides a helpful refresher on the law of voluntariness, with a focus on recent Court of Appeal and Superior Court jurisprudence.

Justice pénale, Student Forum

Case Commentary: R. v. Reeves, 2018 SCC 56

  • 13 janvier 2019
  • Lynda Morgan

Lynda Morgan summarizes the Supreme Court of Canada's recent significant judgment in R. v. Reeves, respecting the effect of the consent of a co-owner or third party to the police seizure of a computer.

Justice pénale, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (January 1 – 4, 2019)

  • 13 janvier 2019
  • John Polyzogopoulos

There were only two substantive civil decisions of the Court of Appeal this week. Most notably, in Heller v Uber Technologies Inc., the Court revived a proposed class action by Uber drivers against Uber. Justice Perrell had stayed the class proceeding on jurisdictional grounds in favour of Uber’s arbitration clause requiring all disputes to be arbitrated in the Netherlands. The Court determined that the arbitration clause was invalid and unenforceable.

Litige civil, Student Forum

A Word of Warning to Franchisors: ADR Provisions May Postpone the Limitation Period for Rescission

  • 13 janvier 2019
  • W. Brad Hanna, Andrae J. Marrocco, Adriana Rudensky, Mitch Koczerginski, Lauren Ray

In PQ Licensing S.A. v. LPQ Central Canada Inc., the Ontario Court of Appeal considered whether the mandatory mediation process prescribed by a franchise agreement impacted the limitation period applicable to a franchisee’s rescission claim.  The Court found that the franchisee’s claim for rescission was not barred even though the franchisee had delivered its notice of rescission nearly a decade prior.

Droit des franchises, Student Forum

Making Money: Billable Hours vs. Flat Fees – How should a firm decide?

  • 08 janvier 2019
  • Andrew Di Lullo

The question of money is central to all firms – new or established. Without cash flow, you can’t make your overhead; you can’t pay your salaries; you can’t invest in marketing initiatives or take advantage of expansion opportunities. And so, when lawyers begin thinking about a new practice - along with choosing a name, a logo, finding a location, researching software tools and setting out a marketing plan - they must also think of the fees they will charge.

Praticien exerçant seul, petit cabinet et pratique générale, Student Forum

Le Dain and Mental Health in the Legal Profession

  • 08 janvier 2019
  • Ayushi Kiran, student member-at-large

The CBA has been actively working towards undoing the injustice done to late Justice Gerald Le Dain. Addressing mental concerns of legal professionals is the need of the hour. In fact, the Law Society of Ontario’s Mental Health Strategy Task Force has included mental health initiatives as a strategic priority for the 2015-19 governing term.

Praticien exerçant seul, petit cabinet et pratique générale, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (December 24 - 28, 2018)

  • 08 janvier 2019
  • John Polyzogopoulos

There was only one substantive civil decision, Lauzon v Fortier, a family law decision. The Court refused to interfere with the trial judge’s exercise of discretion that the husband be paid his equity by the wife immediately (even if that meant the wife might have to sell the matrimonial home), and that the husband make his equalization payment to his wife by way of a spousal rollover of his pension.

Litige civil, Student Forum