The Complete Brief
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December 12, 2024
Court approves $70.25M settlement of TD Asset Management trailing commissions class action
The Ontario Superior Court has approved a $70.25 million settlement in a class action against TD Asset Management Inc. (TDAM) over allegations that it paid unearned or excessive trailing commissions to discount brokers out of mutual fund assets.
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December 12, 2024
Belhadj v. Meddah: No fast tracking of mobility cases save for compelling circumstances
The court process is slow. In some jurisdictions, the family law process, from the initial filing of the application to trial, can take two years or more. In some courts, even the first family law conference date may be six months out from the commencement date of the court process.
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December 12, 2024
Immigration update: What’s coming (and not) with the new U.S. administration
Since September of this year, the number one question I have been hearing from clients is, “What will happen with immigration under the new Trump administration?” Individuals wishing to have access to the U.S. and/or work or live in the U.S. are concerned that immigration will become difficult or impossible under President-elect Trump’s rules and policies as he enters his second (and final) term.
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December 12, 2024
Ontario to toughen trespass law, ban public drug use as part of effort to deal with encampments
Ontario is bringing in legislation to toughen provincial trespass law and tackle public drug use as part of its effort to help municipalities and police services deal with homeless encampments.
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December 12, 2024
Yukon, Ottawa failed to consult Indigenous group on ‘economic feasibility’ of mine project
Yukon’s top court has found that both the territory’s government and that of the country failed to properly consult a First Nations group on the “economic feasibility” of a mine planned to be built on Indigenous land. The Court of Appeal of Yukon case of Ross River Dena Council v. Yukon (Government of), 2024 YKCA 18, released Dec. 6, pits the governments of Canada and Yukon (known as the “Decision Bodies”) against the Ross River Dena Council (RRDC), which brought the court the legal action on behalf of the Kaska Nation.
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December 12, 2024
New associate joins Dipchand
A recent news release from Dipchand LLP announced the addition of Alexander Watts as an associate in the firm’s intellectual property (IP) practice.
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December 12, 2024
Toronto Lawyers Association announces Emerging Excellence Award recipient
The Toronto Lawyers Association (TLA) announced that the 2025 Emerging Excellence Award will be presented to Adam Goldenberg at the TLA Awards Gala in March.
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December 12, 2024
Evidence - Burden and standard of proof - Methods of proof - Inferences -- From conduct - From statements
Appeal by appellant from his conviction and sentence. The appellant was convicted of historical sexual offences against his two stepdaughters and received a global sentence of seven years imprisonment. The appellant appealed on three grounds. First, he argued that the trial judge improperly used his provincial driving record to draw adverse inferences about his character and credibility.
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December 12, 2024
Why reasoning error leads to new trial after sex assault appeal
A stepfather, S.H., was convicted and sentenced to seven years imprisonment for historical sexual assaults on his two stepdaughters. The two stepdaughters were the Crown’s only witnesses. The case turned on their credibility. The trial judge found both complainants wholly credible and reliable and listed three factors that caused him to “doubt” the appellant’s testimony.
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December 12, 2024
Stop being scared to dismiss for cause | Stuart Rudner
For my last column of 2024, I want to return to one of my favourite topics: summary dismissal. The just cause cases that cross my desk, whether as counsel or mediator, are always interesting and often entertaining. Of course, there could be far more if employers (and their counsel) were not so scared to pursue summary dismissal, even when justified.