Law360 Canada

SCC clarifies judges’ duty to inform accused of right to trial in accused’s chosen official language

Jonathan Laxer of Power Law, who represented the successful appellant, predicted the Supreme Court’s ‘landmark judgment on access to justice in both official languages’ will ‘have a meaningful impact on all members of minority official language communities in Canada.’

Friday, May 03, 2024 @ 5:28 PM

The Supreme Court of Canada has set out the analytical framework for conviction appeals by accused who weren’t informed by the first instance judge of their fundamental right to be tried in the official language of their choice, in breach of the judge’s informational duties under s. 530(3) of the Criminal Code. ... [read more]

Court: Payment pact with owner doesn’t override subcontractor lien discharge provisions

Friday, May 03, 2024 @ 3:52 PM

The B.C. Court of Appeal has held that a direct payment-forbearance agreement between a landowner and a subcontractor did not preclude the owner from relying on a provision of the Builder’s Liens Act to discharge a lien held by the subcontractor. ... [read more]

Intentional disclosure of reports on pipeline failure led to loss of litigation privilege: court

Friday, May 03, 2024 @ 2:27 PM

Alberta’s highest court has ruled a petroleum company waived litigation privilege over reports looking into a pipeline failure when it provided them to a provincial regulator, and a lawyer involved in the case is saying the decision is a good reminder that documents created for the purpose of litigation must be treated as such. ... [read more]

Ontario Superior Court rules LifeLabs data breach information is not privileged

Friday, May 03, 2024 @ 12:18 PM

The results of an investigation into the massive 2019 data breach that affected millions of LifeLabs patients may now see the light of day after the Ontario Superior Court ruled that information that the medical lab-testing giant wanted to keep secret is not privileged. ... [read more]

Ontario plans to double maximum fine for employment standards violations

Friday, May 03, 2024 @ 12:13 PM

Ontario is pledging to “get tougher” on employers who take advantage of their workers by increasing the maximum fine for employment standards violations to what it says will be the highest level in the country. ... [read more]