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This Week's Issue

Harder for retired judges to return to court

Neil Etienne - Monday, February 8, 2016

Retired Superior Court of Justice judges who want to return to court as counsel will now have to get permission from a Law Society of Upper Canada tribunal.
The move is a bid to ensure the perception of fairness in the courtroom.

Convocation made the policy amendments during its most recent meeting Jan. 28, including tweaks to the wording and judicial categories in the Law Society of Upper Canada’s Rules of Professional Conduct.

Before, former judges of the Superior Court of Justice could appe...

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Ruling favours strict approach to disclosure

International arbitrators must boost their conflict searches after a French court ruled a conflict unknown to a Canadian arbitrator proved enough to render his award unenforceable, according to experts.

Trial Lawyers Association calls for inquiry

The Ontario Trial Lawyers Association is calling for the provincial government to conduct a public inquiry into medical assessments of people injured in auto accidents.

Editorial: Public perception matters

With us law is nothing unless close behind it stands a warm, living public opinion. Let that die or grow indifferent, and statutes are waste paper, lacking all executive force.

Speakers Corner: Disclosure methods for traffic cases need modernizing

Do you defend traffic cases? Are you planning to challenge a parking ticket? If you or your clients drive in the City of Toronto, you may encounter serious inconvenience.  

Social Justice: Expert witnesses and access to justice

The recently reported decision of Bruff-Murphy v. Gunawardena, 2016 raises important issues concerning the use of civil jury trials and the role of partisan expert witnesses.

Focus: Legal incubators help develop, market tools

Amina Juma hadn’t been in law school very long before she recognized the role technology could play in law.

Inside Story

Monday, February 8, 2016

The Ontario Human Rights Commission will be intervening in Roberts v. Toronto Police Services Board, an application before the Human Rights Tribunal of Ontario that raises the issues of racial profiling and discriminatory use of force.

In December of 2014, Rohan Roberts was walking to a friend’s Christmas party in the Jane Street and Finch Avenue area of Toronto when he was approached by two Toronto Police Service officers. Roberts alleges that the officers demanded his identification and ran his information through several police databases. He alleges that following this, he was arrested, handcuffed, and dragged to a nearby grassy area and beaten. He sustained injuries that required treatment in hospital and charges of assaulting and threatening the police officers against him were subsequently dropped. Roberts asserts that he was the victim of racial profiling and discriminatory use of force based on race.

In a press release announcing the intervention, the OHRC said it will argue the case...

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Law Times poll

A Law Times story this week reports that Superior Court of Justice judges will have to apply to a Law Society of Upper Canada tribunal to appear as counsel in court. Do you agree with this decision?
Yes, I agree with this decision. It will enhance fairness and impartiality, as well as public confidence in the courts system.
No, this move is unnecessary and will create needless barriers for former judges who wish to appear before the court as counsel.