Personal Injury
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October 31, 2025
Split SCC strikes down one-year mandatory minimums for accessing or possessing child pornography
Dividing over what is too “remote” a hypothetical scenario to qualify as “reasonable” when sentencing judges are assessing the constitutionality of a mandatory minimum penalty (MMP), the Supreme Court of Canada ruled 5-4 that the one-year MMPs for accessing or possessing child pornography are unconstitutional as they would be grossly disproportionate in some hypothetical, but reasonably foreseeable, circumstances.
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October 30, 2025
Exclusive: Chief Justice Crampton reflects on Federal Court’s successes and ongoing challenges
As he steps down today from the diversified and expert bench he’s recruited over the past 14 years, Federal Court Chief Justice Paul Crampton says he’s confident about the national trial court’s future, even though the full implementation of the court’s “digital shift” awaits the necessary funding from Ottawa.
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October 30, 2025
Black magic and black letter: Legal tales of witchcraft, ghosts and haunted houses
It was not a dark and stormy night. It was actually a pleasant fall morning, and I probably should have been entering my dockets. But the Halloween spirit was in the air, and it moved me to see what Canadian law has to say about the occult. Read on if you dare. I promise there won’t be anything as frightening as the Income Tax Act.
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October 29, 2025
Commons committee invites public input on improving peace bonds, recognizance orders
A House of Commons committee is soliciting submissions by Nov. 28 to inform its new study of how the safety of women and children is affected by Canada’s bail and sentencing regimes, and how Criminal Code s. 810 (recognizance orders or peace bonds) can be improved to help keep women and children safe.
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October 29, 2025
Guardianship applications: Navigating the thoroughfares of the SDA
The Substitute Decisions Act outlines the steps needed to appoint a guardian in a variety of circumstances. The appointment of a guardian under the Act may become necessary if a person becomes incapable without having already executed a power of attorney appointing someone to make decisions on their behalf during their incapacity. In other cases, an incapable person may have already executed a POA, but the attorney, for whatever reason, is no longer suitable.
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October 28, 2025
CJ Crampton says Federal Court ‘won’t hesitate’ to impose costs on lawyers for undisclosed GenAI use
Counsel who “thumb their noses” at the Federal Court’s requirement to disclose any and all generative AI they used to create court filings will find that the national trial court “won’t hesitate” to ding them with personal costs or initiate contempt proceedings, warns Federal Court Chief Justice Paul Crampton.
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October 23, 2025
Ottawa introduces criminal legislation to create more bail reverse onuses, consecutive sentences
The minority Liberal government has unveiled contentious legislation detailing the stiffer sentences — including consecutive sentencing — and expanded bail restrictions and reverse onuses that Prime Minister Mark Carney recently pledged to introduce this week.
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October 23, 2025
The case for in-person appearances
I am no fan of in-person discoveries or mediation, purely from a selfish perspective of my time. Virtual discovery and mediation allow us to be more efficient with our time and our clients’ money. While I am not advocating for a return to all discoveries and mediations being in person, there is no doubt that something is missing.
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October 22, 2025
Ontario, Manitoba, Saskatchewan to host Access to Justice Week 2025
Three provinces are holding the 10th annual National Access to Justice Week later this month. Ontario, Manitoba and Saskatchewan are listed as hosing the event, which runs this year from Oct. 27 to 31 and is being quarterbacked by the Action Group on Access to Justice (TAG).
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October 21, 2025
B.C. proposes new legislation for 27-week medical leave for workers
British Columbia has proposed an amendment to the Employment Standards Act that will allow workers with serious illness or injury to take more time off for the purpose of undergoing medical treatment and recovery.