The Complete Brief
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December 02, 2024
Manitoba expands electronic monitoring program to smaller communities
Manitoba is expanding its electronic monitoring program to rural areas — along with technology able to alert victims as to the “close proximity” of their alleged assailant.
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December 02, 2024
Procedural issues central to successful sex trafficking appeal
Ontario Court Justice Christine Malott described Zuhair Gorges as “a violent man with a criminal record full of violent offences,” according to a report in the Windsor Star. Gorges was convicted of kidnapping, assault, assault with a weapon, uttering death threats and exercising control to facilitate exploitation — a human trafficking offence.
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December 02, 2024
Hot wheels, cold facts: BC Court rules against insured for misrepresenting material facts
Media West Zny Inc. v. Insurance Corporation of British Columbia, 2024 BCSC 625, provides clarity on the law regarding material misrepresentations in insurance contracts. The decision emphasizes that while a plaintiff’s lack of credibility or reliability alone may not warrant dismissing their claim for coverage, the inability to provide evidence supporting the alleged misrepresentation as factually accurate can prove decisive against their case.
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December 02, 2024
2 judicial appointments announced in Newfoundland and Labrador
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Glen L.C. Noel as a judge of the Court of Appeal of Newfoundland and Labrador and of Dean A. Porter as a judge of the Supreme Court of Newfoundland and Labrador, a Nov. 29 news release announced.
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December 02, 2024
Judicial appointment announced in B.C.
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Lindsay R. LeBlanc as a judge of the Supreme Court of British Columbia in Victoria, a Nov. 29 news release announced.
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December 02, 2024
EVIDENCE - Witnesses - Credibility - Prior inconsistent statements - Examination
Appeal by appellant against his conviction for sexual interference and sexual assault. The complainant testified that the appellant touched her and penetrated her vaginally without her consent. The appellant admitted to attempting to have intercourse with the complainant but claimed that he failed due to his inability to achieve an erection. He denied having any sexual contact with the complainant.
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December 02, 2024
Debating privileged wills: Should we still have them?
Most courts in Canada now have the power to validate wills that do not comply with the requisite formalities of execution and submit them to probate, with the exception of Newfoundland and Labrador and the Northwest Territories. Ontario is the most recent province to introduce the will-validating power, having enacted s. 21.1 of the Succession Law Reform Act (the SLRA) on Jan. 1, 2022.
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November 29, 2024
SCC rules B.C. law allowing multi-Crown class action to recover opioid-related costs is valid
In a groundbreaking judgment that confirms that multi-governmental class actions that reach across provincial and territorial boundaries are possible under Canada’s constitutional structure, the Supreme Court of Canada has ruled provinces have the constitutional competence to enact multi-Crown class action legislation.
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November 29, 2024
Canadian news publishers sue OpenAI over alleged copyright infringement
A group of Canadian news publishers that includes Torstar, Postmedia, the Globe and Mail, The Canadian Press and CBC/Radio-Canada has filed a lawsuit against tech firm OpenAI, alleging that the company illegally used their news content to train its AI-based generative model, ChatGPT.
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November 29, 2024
The Friday Brief: Managing Editor’s must-read items from this week
Here are my picks for the top stories we published this week.