The Complete Brief
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December 18, 2024
More evidence courts are ‘not well-oiled machines’
Trial delay is a significant concern, as the public is increasingly puzzled that serious charges are dismissed because it took too long to bring the matter to trial. This frustration was echoed in British Columbia Premier David Eby's statement, quoted in the July 24 issue of the Vancouver Island Free Daily as saying, "Not one case should be dismissed this way."
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December 18, 2024
The crime of domestic violence | Michael Cochrane
In two previous columns I examined the staggering amount of money taxpayers shell out to deal with the consequences of domestic violence and the potential “be careful what you wish for” impact on family law proceedings of a new tort of family violence. In this column I take a look at the proposed changes to the Criminal Code with the criminalization of coercive control of an intimate partner. This new crime is being advanced in Bill C-332 and as of this writing is before the Senate for second reading.
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December 18, 2024
CONSTITUTIONAL ISSUES - Legal rights - Trial within a reasonable time - Exceptional circumstances - Presumptive ceiling
Appeal by Crown against the summary conviction appeal judge’s decision to quash the respondent’s conviction and stay the proceedings due to unreasonable delay under s. 11(b) of the Canadian Charter of Rights and Freedoms (“Charter”).
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December 17, 2024
Ottawa extends accelerated investment incentive amid rising fiscal deficit to boost competitiveness
The federal government has extended its Accelerated Investment Incentive (AII) and other immediate expensing measures in a bid to boost private investment growth — a move expected to cost the treasury $17.4 billion from 2024-25 to 2029-30 and unveiled as part of the 2024 Fall Economic Statement (FES).
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December 17, 2024
$6 million settlement reached in Alberta REIT class action
A proposed settlement of $6 million has been reached to resolve the class action lawsuit over investments in Alberta-based Northwynd Real Estate Investment Trust alleging improper transfers.
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December 17, 2024
New sanctions target Venezuela’s top judge and justice officials complicit in ‘fraudulent’ election
Venezuela's top judge, a prosecutor and two other judges are among five Venezuelan justice officials targeted by Canadian sanctions for what Ottawa says was their undermining of democracy and participating in “the fraudulent declaration of Nicolás Maduro as the winner” of Venezuela’s presidential election last July.
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December 17, 2024
Leave to appeal allowed for electricity costs decision not subject to judicial review
The Ontario Court of Appeal has allowed leave to appeal a decision concerning costs relating to electricity for a new development, noting that it would be important for public economic interest to determine whether the electricity regulator is subject to judicial review on the matter.
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December 17, 2024
New associate chief justice appointed to the Federal Court
On Dec. 13, Prime Minister Justin Trudeau announced the appointment of the Honourable Martine St-Louis, a judge of the Federal Court and a judge of the Court Martial Appeal Court of Canada, as the new associate chief justice of the Federal Court.
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December 17, 2024
Norton Rose promotes 18 Canadian lawyers to global partner class for 2025
Norton Rose Fulbright LLP announced that it will promote 56 lawyers globally to partner on Jan. 1, 2025, 18 of which are located in the firm’s offices in Canada.
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December 17, 2024
Self-represented litigant abandons trial only to seek remedy from appeal court
The British Columbia Court of Appeal delivered reasons in P.R.C. v. C.K.C., 2024 BCCA 363, a high-conflict case, where the self-represented husband abandoned the trial on day three, only to file an appeal of the financial orders on the grounds of procedural unfairness.