BenchPress – Vol 41-2

Judge Restrains Restraint Policy Newfoundland and Labrador Provincial Court Judge John Joy recently wrote a decision criticizing the police practice of automatically using leg shackles on prisoners. He stated that the practice of restraining prisoners without first determining if it is justified is humiliating, undermines the presumption of innocence, may amount to civil assault leading […]

BenchPress – Vol 41-1

A Different Divorce  A British Columbia Provincial Court judge has divorced himself from a couple who have long been bickering in his court over custody and access issues concering their young child. Judge Bruce Hyer ordered a very detailed and specific parenting plan to take the family through to 2018, as they had requested.  He […]

BenchPress – Vol 40-6

1. CRA loses out to Solicitor-Client Privilege The Canada Revenue Agency (CRA) sent a lawyer a request to produce documents about his personal finances and also his current accounts receivable. The lawyer provided some material but refused to produce his current accounts, claiming that to do so would violate solicitor-client privilege, since it would reveal […]

BenchPress – Vol 40-5

1. Miscarriage as a Workplace Disability The Ontario Human Rights Tribunal has issued a decision stating that a miscarriage can be a disability.  Winnie Mou was dismissed from her position after failing to meet work targets.  She had missed three weeks of work due to a deep tissue injury, and several months later had a […]

BenchPress – Vol 40-4

Gonzo Language! The Federal Court of Appeal used some unusually strong language in a recent judgment about a claim for costs. The claim was made by the two lawyers who successfully challenged the appointment of Judge Marc Nadon to the Supreme Court of Canada. Together, the two lawyers asked for almost $70,000 in costs. The […]

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