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Public Inquiry - RONALD C.E. DABOR

A periodic feature in which Law Times asks Ontario lawyers hard-hitting questions about their personal lives and practices.

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This Week's Focus - Pressure on to protect privacy in outsourcing

Privacy-law experts expect provincial and federal governments to be pressured for more laws to protect confidential information that is now ending up in the hands of foreign-based private businesses because of government outsourcing.
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New trial ordered and number of convictions tossed out

The Ontario Court of Appeal has ruled that "sexualized nudity" is not sufficient to constitute explicit sex under the Criminal Code definition of obscenity.

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Canadians spearheading Palestinian justice reform

Retired Supreme Court of Canada justice Claire L'Heureux-Dubé heads a team of justices travelling to the Middle East to educate members of the Palestinian judiciary on matters relating to human rights.
It's part of an initiative by the University of Windsor, law professor Reem Bahdi, and the federal government. It is a key component of more than $12 million in funding pledged by Prime Minister Paul Martin to Palestinian President Mahmoud Abbas in May.

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Proposed adoption law raises many questions

The provincial government established a Child Welfare Secretariat in April 2004, and hired Bruce Rivers (then executive director of the Toronto Children's Aid Society, the largest CAS in Canada) to head up a law reform initiative. The initiative had many goals, but was intended, in part, to evaluate the changes made to the Child and Family Services Act in 2000, following the report of the panel of experts chaired by Justice Mary Jane Hatton. The Child Welfare Secretariat prepared a report with 40 recommendations, which was submitted to the government, but has not been made public.

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This week's Focus

Michael Geist, who holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law, noted that Heritage Minister Liza Frulla unveiled the Copyright Act changes at an HMV music store near Parliament Hill.

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PDAs leave all kinds of digital footprints

Private messages or PIN messages exchanged using corporate BlackBerry wireless devices might not be so private, as demonstrated by a lawsuit filed this year by the Canadian Imperial Bank of Commerce against Genuity Capital Markets.

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Less is more on the litigation front

Less is truly more when it comes to advocacy, especially when preparing for trial, say a panel of litigation experts.

"The problem is we all know the fundamentals, but we don't use them," says David Stockwood of Stockwoods LLP, one of the panelists at the recent Advocates' Society spring symposium.

"It's amazing how often we charge off without knowing the case," he says.

Stockwood, who practises corporate/commercial litigation, advises that it's important to do an early and considered analysis of the issue.

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LSUC reports $1.8-million surplus

The Law Society of Upper Canada generated a surplus of $1.8 million in its unrestricted fund in 2004.

The surplus was achieved largely as a result of revenues, particularly from professional development and competence revenue, cost recoveries by the enforcement unit, litigation cost recoveries, Ontario Report royalties, and fees for mobility applications. According to the finance and audit committee's report to Convocation last month, net expenses for the year varied from budget by less than $50,000.

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Disabled workers must get equal benefits, says court

Disabled workers in Ontario must get the same compensation as able-bodied workers, the Court of Appeal ruled in finding a section of the Employment Standards Act (ESA) violates s. 15 of the Charter.

Justice Russell G. Juriansz, writing for a unanimous panel, struck down s. 58(5)(c) of the ESA that allows an employer to deny severance pay to an employee whose ability to remain on the job has been frustrated by illness or injury.
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LSUC releases first-ever report on aboriginal lawyers

{mosinfo by=(Robert Todd) divider=(default) date=(Friday, 13 February 2009) class=(default)}The Law Society of Upper Canada has released its first-ever report on the province’s aboriginal lawyers, revealing findings that suggest many continue to face barriers within the legal industry.
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Dilution has long been below radar

Being a famous trademark in Canada hasn’t always been all that it can be.

Infringement and dilution, the two primary concepts protecting trademark, are both known to Canadian and U.S. trademark law.

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  • Access to Justice
    Access to Justice The Action Group on Access to Justice (TAG) strives to inform the public on the importance of the people having access to legal resources and…
  • Legal Aid lawyers rally for collective bargaining rights
    Legal Aid lawyers rally for collective bargaining rights Legal Aid Ontario lawyers held three protests in July to push the provincial government to support their attempts to unionize. The lawyers have been in…
  • Jane-Finch community gets employment law help
    Jane-Finch community gets employment law help Osgoode Hall Law School's Community Legal Aid Services Programme recently opened an employment law division for Toronto's Jane-Finch community.Phanath Im, review counsel for the division,…
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Law Times poll

Recreational marijuana use will be legalized, and lawyers say there will be an increase in terms of criminal charges and civil cases as a result. From the perspective on how this will impact the courts, do you support pot legalization?
Yes. While there will no doubt be an impact on the courts from this change, the overall social benefits of legalization are positive.
No. The move to legalize marijuana is short-sighted, and will lead to negative social results, including longer court delays.