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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
Bench Press – Vol 40-3 Autism, Homeopathy and Custody
Two small boys with severe and profound autism spectrum disorder were at the centre of a custody dispute between their parents. The children have seen a myriad of medical and health care professionals. The father began giving the boys a series of homeopathic treatments after consulting with … [Read more...]
BenchPress – Vol 40-2
Talking to Siri The Nova Scotia Supreme Court has upheld a ruling by a provincial court judge about the definition of “using” a cellphone. Dr. Ajirogho Ikede is a medical officer in the Canadian Forces. A policeman observed him driving his car while holding his cellphone in his hand. He was … [Read more...]
Bhasin v Hrynew – An Innovative Expansion of the Common Law Doctrine of Good Faith
The creation of “a general duty of honesty in contractual performance” by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin SCC] simply recognizes that “parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract” … [Read more...]
BenchPress 39-5: Private Use Doesn’t Apply
Two Edmonton men were acquitted of offences of making and possessing child pornography because the trial judge accepted that the material, involving two runaway teenage girls, was made for the men’s private use. The Supreme Court of Canada ordered new trials for the men, ruling that s. 153 of the … [Read more...]
Bench Press 39-5: Duress as a Defence to Murder
For the first time in Canada, an appeal court has upheld the use of duress as a defence to a charge of murder even though the Criminal Code explicitly rules it out. The Ontario Court of Appeal outlined the factors necessary to support both a statutory and common law defence of duress, for people … [Read more...]
Bench Press 39-5: Red-faced about the Red Chamber?
Aniz Alani, a Vancouver lawyer, has launched a legal action to force Prime Minister Harper to appoint new senators to fill the vacancies in the Red Chamber. The lawyer considers illegal Mr. Harper’s position that he will not advise the Governor General to fill existing vacancies in the Senate. The … [Read more...]
