Access to Justice
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January 03, 2025
Dozens of Indigenous governments working to run their own child and family services
In the five years since enabling federal legislation came into force, 85 Indigenous governments, representing more than 110 communities across Canada, have given notice to exercise their jurisdiction over child and family services or have made requests to enter into discussions about entering coordination agreements with the federal government, according to Indigenous Services Canada (ISC).
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January 03, 2025
'Precedential' Ontario Court of Appeal decision clarifies steps required to advance a class action
In what one lawyer describes as a "precedential" decision, the Ontario Court of Appeal has upheld the dismissal of a class action for delay, finding that the plaintiffs failed to establish a timetable for completing the necessary steps to advance the proceeding within one year, as required under section 29.1 of the Class Proceedings Act (CPA).
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January 03, 2025
N.L. proclaims its Towns and Local Service Districts Act
Newfoundland and Labrador has new legislation giving greater administrative power to towns and “local service districts.”
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January 02, 2025
Federal Court approves $150M class action settlement over alleged racism in the Canadian Armed Forces
The Federal Court has certified a class action and approved a $150 million settlement agreement pertaining to alleged racial harassment and discrimination against some members of the Canadian Armed Forces.
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January 02, 2025
Ontario Court okays $14.75M class action settlement over side-effects of antipsychotic drug
The Ontario Superior Court has approved a $14.75 million class-action settlement over claims that manufacturers and marketers of certain antipsychotic drugs failed to adequately warn users that their use could increase the risk of compulsive behaviors, including compulsive gambling and hypersexuality.
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December 24, 2024
N.B. Court of Appeal certifies class action related to Oxytocin use by Moncton birthing room nurse
The New Brunswick Court of Appeal has allowed an appeal and certified a class action relating to a nurse’s use of Oxytocin on patients while they were in labour, allegedly causing harm to several mothers.
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December 24, 2024
Military court explores use of youth justice laws for young service members
Canada’s court serving those appealing military discipline has made a “significant decision” in its finding that minors in the service should benefit from the Youth Criminal Justice Act — just as their civilian peers do, says a lawyer.
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December 24, 2024
Dogs in the Correctional Service of Canada
Anyone who has visited an airport or a prison has encountered a search dog trained to respond to illicit substances accurately. From a legal standpoint, false positives are the nemesis and demise of the professional detector dog team. If a dog team continues to demonstrate false positives, the credibility of the dog and the handler is greatly diminished. False positives that result in charges, restriction of privileges and infringement of rights, such as strip searches, will inevitably result in civil litigation.
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December 24, 2024
Do different rules apply to self-representative litigants?
Self-represented litigants are expected to comply with the rules of the court. Is there a double standard when practicing members of the legal profession breach the rules when facing a self-represented opponent? This became central in deciding a case where a lawyer was late in filing material in a case where the opposing party was self-represented.
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December 23, 2024
Ontario township appeals discrimination ruling over decision not to declare June Pride month
A small Northern Ontario township and its mayor are seeking judicial review of a finding that their decision not to proclaim June as Pride Month was discriminatory.