Access to Justice
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November 19, 2025
Ontario court rules forum clause survives corporate transfer in dismissal dispute
The Ontario Superior Court has upheld a forum selection clause in an employment agreement in a dispute over the dismissal of an employee whose contract was transferred from a federal Crown corporation to its subsidiary operating under private management.
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November 19, 2025
Self-defence for lawyers, part three
It’s Friday, shortly after 5 p.m. at a small, nondescript law office. You have gathered some court briefs to review at home over the weekend and lock the office door without a quick scan before proceeding through a darkened parking lot to your car. Your strong hand is pulling a wheeled file case, and the other is tasked with getting your car keys when suddenly, you hear someone screaming expletives.
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November 19, 2025
Refresher on legal ethics for unscrupulous litigators, part two
In part one of this two-part series, I told the story of a lawyer from out west who I called Bill. Bill, apparently at the urging of his boss (who had bigger fish to fry), tried to dump a client (Bob) by making a motion to get off the record a few days before the trial date, and returnable on the trial date. He showed up, having done no trial preparation, and put the client at risk of being ordered to proceed with the trial.
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November 19, 2025
Speeding ticket victory in Saskatchewan Court of Appeal
In most routine speeding ticket trials, expert evidence is not called, either by the Crown or the defence.
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November 18, 2025
Proposed reforms of civil procedure: Refreshing reboot or more of the same?
I was an articling student and had my work cut out for me. I worked on a client file to prove adverse possession for a right of way across a house that had existed since the 50s but was being enforced by a neighbour. I brought all the files I had researched myself — surveys of the land, blueprints rolled up, ancient texts, photos I took of the property, transcripts of examinations.
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November 17, 2025
Manitoba giving hundreds of thousands in support of crime victims
More than a dozen groups dedicated to helping victims of violent crime in Manitoba will receive money collected by the province through the seizing of criminal property.
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November 17, 2025
Refresher on legal ethics for unscrupulous litigators, part one
I am going to tell you a true story from out west. The names and a few details have been changed to protect me.
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November 17, 2025
Continuing education for judges
When an accused person is found guilty and sentenced to prison, it is likely that no one in the courtroom — not the prosecutor, not the defence counsel, not the jury and not the judge — fully understands what a prison term involves. To address this, the Ontario Court of Justice has established a continuing education program to enhance and maintain professional skills, as well as foster social awareness.
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November 17, 2025
ATV accident decision illustrative of ‘so much grey in criminal law’
A Toronto criminal lawyer, Michelle Psutka, posted this comment online: “There is so much grey in criminal law. Accused and convicted people are not inherently bad, and the state is not inherently good.”
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November 14, 2025
Federal bail and sentencing reform: Real-world impact in B.C.
On Oct. 23, 2025, the federal government introduced the Bail and Sentencing Reform Act (Bill C-14), signalling a significant shift in bail and sentencing policy across Canada. The legislation aims to make bail harder to obtain in certain higher-risk cases and to impose tougher sentencing regimes for repeat and violent offenders. The message is clear: more detention upfront and longer sentences at the back end.