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This Week's Issue

Appeal court makes rare finding of bias against judge

Neil Etienne - Monday, February 1, 2016

In a rare finding released Jan. 21, Justice David Corbett of the Superior Court of Justice was found to have shown a reasonable apprehension of bias.
The Court of Appeal decision in Stuart Budd & Sons Ltd. v. IFS Vehicle Distributors ULC states IFS “did not receive the fair hearing to which they were entitled.”

“I have no doubt that the motion judge was well-intentioned. I have no doubt that he put a great deal of effort into resolving the jurisdiction issue,” states the appeal court decision by Justice Gloria Epstein, with justices K.M. Weiler and Grant Huscroft agreeing.

“However, my review of the three endorsemen...


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Verdict against Forcillo, but legal journey continues

Toronto police officer James Forcillo is likely facing a lengthy penitentiary sentence, despite being acquitted of second-degree murder in the July 2013 shooting death of Sammy Yatim, say legal experts.

Lawyer facing discipline for internal e-mails

A lawyer who has raised eyebrows with some choice words directed at the Law Society of Upper Canada’s disciplinary tribunal in the past is now defending against allegations of unprofessional misconduct and abusive behaviour for a series of e-mails exchanged with two other lawyers.

Editorial: Conviction confounds

When you are in the politics or news game for a while, there will be ongoing stories or issues that lie dormant for years, roiling in the background.  

A Criminal Mind: Hit show highlights importance of appellate review

In the early days of 2016, it seems obligatory to opine on the hit Netflix documentary Making a Murderer. You either watched it or are now sick of friends talking about it. I don’t have the space here to weigh in on the various theories swirling around Steven Avery’s guilt or innocence. It’s clear that many things went wrong during Avery’s investigation and trial. However, I’d like to focus on how I think the show highlights the need for a rigorous process of post-conviction appellate review to ensure that if things do go wrong they’re capable of being fixed.

Focus: Ruling creates a ‘bizarre scenario,’ says lawyer

A flawed Small Claims Court decision vindicates critics who said digital lock amendments to the Copyright Act enacted in 2012 were too broad, according to a Toronto intellectual property lawyer.

Inside Story

Monday, February 1, 2016

MacKay OK at Baker & McKenzie
Peter MacKay, the former federal attorney general and minister of Defence, will be joining global law firm Baker & McKenzie LLP’s Toronto office, ending media speculation around potential leadership by MacKay of the Conservative party.

Peter MacKay will be a partner at the firm, working in litigation, government enforcement, and compliance.

There had been media speculation about MacKay returning to politics in light of the leadership race for the Conservative party, but MacKay says he wants to focus on practicing law.

“What I can tell you is that I have made a very clear decision to resume the practice of law, and so that’s where my focus is,” says MacKay.

“I made that decision some time ago, when I exited politics to spend more time with my family, to be more available to them, but also just to return to the private sector was always my intention, as a career, to practice law.”

more Inside Story

The Law Times Daily is out! https://t.co/0HPAh95upr Stories via @Twimmigration @CognitionLLP @lorrainefleck
RT @ontmag: Do you know a dedicated professional/volunteer who should be nominated for a Victim Services Award of Distinction? https://t.co
Court extends sentencing appeal window in terrorism case relating to #BillC24 https://t.co/ArqifMgwtp #cdnlaw #cdnpoli via @LegalFeedsblog
The Law Times Daily is out! https://t.co/nWi8BMdfn1 Stories via @LabourLawyerOtt @BennettJonesLaw @Osler_Law
Should government or business sell legalized #marijuana in Canada? https://t.co/TIW4df7kdm via @FindlawCanada

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Law Times poll

Yes, I feel the verdict will help restore public confidence in the justice system. The conviction of attempted murder was fair, in the circumstances. - 57.3%
No, I feel the verdict was not justified, and will not enhance the way Canadians perceive the justice system and those who work within it. - 42.7%

Total votes: 82
The voting for this poll has ended on: 2016-02-07