Is Justice Blind?

Justice is blind or so they say. It is supposed to pay “no heed to the social status or personal characteristics of the litigants”. But this simply is not true. Race, gender, religion, socio-economic background, sexuality, ethnicity, ability, education, family upbringing, all play a role in the way judges assess the cases before them. But … Continue reading Is Justice Blind?

Canada’s Most Important Challenge to Healthcare

“There was no difference between men, in intelligence or race, so profound as the difference between the sick and the well.” – The Great Gatsby  What is the best way to run our health care system? Is it privatized? Hybrid? Or, Public? Right now, in British Columbia Dr. Brian Day is challenging the very way … Continue reading Canada’s Most Important Challenge to Healthcare

No Damages For A Commitment Phob’s Worst Nightmare

It’s a tale as old as time. Man meets woman. Woman gets pregnant. Man feels trapped. Except this time, the man asks for money. “Money for what?” – you ask. Money to compensate him for the emotional trauma of the “unplanned pregnancy”. In PP v DD, 2016 ONSC 258, Justice Perell described their courtship. They … Continue reading No Damages For A Commitment Phob’s Worst Nightmare

Sleepy Hollow: Inexcusable Delay is Abusive

In Jadid v Toronto Transit Commission, 2016 ONSC 1176, Justice Dunphy of the Ontario Superior Court of Justice stayed an action for delay. In 2012, the plaintiff was granted her request to have the registrar’s order dismissing her action for delay set aside. It was set-aside on the condition that she set her action down … Continue reading Sleepy Hollow: Inexcusable Delay is Abusive

Hopkins v Kay: Supreme Court of Canada Denies Leave to Appeal

I previously wrote about the case Hopkins v Kay, a class action lawsuit against a hospital and its employees. It is alleged that hospital employees wrongfully accessed about 280 patient records. The defendants argued that they could not be sued because breaches to health records fell under the jurisdiction of the Information and Privacy Commissioner. The Court of … Continue reading Hopkins v Kay: Supreme Court of Canada Denies Leave to Appeal

Sexual Assault, the University of Ottawa, and a Lawsuit

“There’s no place for the state in the bedrooms of the nation.” – Pierre Elliott Trudeau But, what about universities in the bedrooms of their students? In February 2014 allegations of sexual assault were made against the University of Ottawa’s men’s varsity hockey team in Thunderbay. The night of the alleged sexual assault, the team’s … Continue reading Sexual Assault, the University of Ottawa, and a Lawsuit

What is Legal Work?

In Bergen & Associates Incorporated v. Sherman, 2014 ONSC 7213, Justice Myers defines legal work in the context of a disputed bill. Bergen & Associates contested their bill from David Sherman under the Solicitors Act. David Sherman claimed that his bill could not be reviewed because the invoices related to his work as a tax consultant … Continue reading What is Legal Work?

Show me the Evidence: Judicial Speculation Gone Wrong

The Ontario Court of Appeal recently released R v MacIsaac, 2015 ONCA 587. Justice Hourigan writing for the Court of Appeal ordered a new criminal trial, stating that hockey strategy was not a proper subject for judicial notice (a rule of evidence that allows a fact to be introduced into evidence based on being so … Continue reading Show me the Evidence: Judicial Speculation Gone Wrong

Guindon: The Great Disappointment

Can the government dole out huge monetary penalties without providing its citizens with the rights protected under the Charter? Apparently so. By merely portraying something as administrative, the government gets away with enforcing disproportionate monetary penalties. How many lawyers have an extra $600,000.00 just lying around to pay a fine? In Guindon v Canada, 2015 SCC 41, Ms. Guindon … Continue reading Guindon: The Great Disappointment