The Complete Brief
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August 14, 2025
The ‘best interests test’ and cultural significance in Indigenous communities
As I entered the courtroom in Iqaluit, I was immersed in a world of child welfare, where the glaring significance of rich culture and heritage formed part of the backdrop and undertone in cases where it should be front and centre.
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August 14, 2025
Jury instruction missteps lead to retrial in Ontario murder case
John Wayne Pierre and Lesley Watterworth had a volatile, drug-fuelled relationship, made worse by Pierre’s jealousy over her former boyfriend. After leaving a rehab program early in 2016, Pierre resumed drug use with her.
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August 14, 2025
Understanding procrastination when it comes to estate planning
We all procrastinate by delaying or putting off tasks. Contrary to popular perception, it’s caused by fear or anxiety, or as a way to cope with unpleasant emotions, not laziness or indolence.
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August 14, 2025
Feds issue call for Cyber Security Cooperation Program 2025 proposals
The federal government has issued a new call for proposals under the 2025 Cyber Security Cooperation Program (CSCP) to “strengthen the country’s cyber resilience and address evolving cyber threats.”
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August 14, 2025
CIVIL PROCEDURE - Costs - Assessment or fixing of costs
Appeal by Duhamel from chambers judge’s decision dismissing his petition for judicial review. Duhamel sought judicial review of a decision by the Independent Investigations Office of British Columbia, to publish a document on its website summarizing the results of an investigation into the conduct of a police officer.
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August 14, 2025
Bar ramps up campaign to end ‘Zoom-only’ policy & get intervener counsel back into SCC’s courtroom
Prominent intervener groups are telling the Supreme Court of Canada that its 2022 practice direction confining their counsel to Zoom and barring intervener lawyers from making submissions in person before the judges is hurting their advocacy and restricting access to justice for public interest groups. However, the top court says it’s sticking with its current policy since “virtual appearances have proven to be an effective means of supporting equal access.”
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August 14, 2025
Requirements for U.S. companies ‘carrying on business’ in Ontario
The COVID-19 pandemic resulted in a shift toward remote work. Now, in the current environment of tariffs and anti-immigration sentiment in the U.S., many Canadians working in the U.S. for U.S. companies are returning to Canada while continuing to be employed by their U.S. employer. This has resulted in many U.S. companies setting up shop in Ontario without necessarily setting up a brick-and-mortar location in the province. This raises questions as to what obligations and liabilities companies have if their employees are working in Ontario, but the company is not registered in Ontario.
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August 13, 2025
Court upholds dismissal of warranty claim against manufacturer over defective toilets
The Ontario Court of Appeal has upheld a decision striking Ottawa Community Housing Corporation (OCHC)’s warranty and negligence claims over defective toilet systems, ruling the manufacturer was not a seller under the Sale of Goods Act (SGA) and the losses were pure economic loss.
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August 13, 2025
Cowichan Nation descendants successful in land claims in ‘longest trial’ in Canada
In an Indigenous land claim case that spanned 513 trial dates, the B.C. Supreme Court has found that descendants of the historic Cowichan Nation have a claim to land and right to fish in an area of Richmond, B.C., and on the southern arm of the Fraser River. The province has noted it plans to appeal the decision.
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August 13, 2025
Michael Edelson honoured with Martin Medal
The Criminal Lawyers’ Association (CLA) has announced that Michael D. Edelson has been awarded the G. Arthur Martin Criminal Justice Medal.