BARE BONES BRIEFS: Lawyer convicted of racketeering too closely connected to judges for court to sanction him | Corporate veil still eroding? | Bail for RCMP official sentenced to 14 years for leaking state secrets to organized crime | FC: Google not exempt from PIPEDA | IBA Annual Conference coming to Toronto
By Julius Melnitzer | April 22, 2024 MAJORITY OF APPEAL COURT RECUSE THEMSELVES FROM WELL-CONNECTED LAWYER’S CASE The Chicago Tribune reports that Illinois’ Supreme Court was unable to act on an an interim license suspension application brought by the Attorney Registration and Disciplinary Commission against Ed Burke, a Chicago lawyer and the city’s longest-serving alderman, […]
BARE BONES BRIEFS: Blakes absent, but Gowling shines on YouTube | Investment fund liable for “greenwashing” | Lawyer forgives client who stabbed him in court | Ukraine wants to trademark “go fuck yourself” war slogan | Adultery now legal
By Julius Melnitzer | April 4, 2024 BIGLAW MISSES THE YOUTUBE BOAT According to Eric Troutman, a prominent class action defence lawyer with California-based Troutman Amin LLP, writing in Practice Source, YouTube is “the world’s second most visited website and an absolutely critical communication channel for businesses (including law firms) seeking to engage with new […]
BARE BONES BRIEFS: “Most positively reviewed” lawyer faces new misconduct allegations | Law firm openly adopts slippery slope | Calling colleague “pathetic human” is professional misconduct | FCA boosts climate litigation | FC certifies “older inmates” class action
By Julius Melnitzer | January 31, 2024 SAMFIRU TO FACE MISCONDUCT ALLEGATIONS IN ALBERTA Lior Samfiru, the Toronto-based national co-managing partner of employment law boutique Samfiru Tumarkin LLP, a firm that claims to be the “most positively reviewed employment law firm in Canada”, must now contend with allegations of professional misconduct in Alberta in addition […]
Knock at your door: why the police can make themselves at home
By Yasmina Aldohan | September 20, 2023 The Supreme Court of Canada’s 2022 split decision in R. v. Stairs may well have the unfortunate consequence of allowing police responding to a call from a private residence too much latitude in making themselves at home when they get there. Five members of the court ruled that […]
OCA orders new trial for accused whose lawyer ‘conscripted him into assisting his own prosecution’
The Ontario Court of Appeal said counsel’s incompetence was ‘pervasive.’ By Julius Melnitzer | December 31, 2022 The Ontario Court of Appeal has ordered a new trial for an accused whose lawyer, Toronto’s Janice R. Johnson, a 35-year veteran of the criminal bar, “conscripted [him] into assisting his own prosecution.” The OCA’s reasons are damning. […]
OCA expands grounds for reversal of HIV-related non-disclosure sexual assault convictions
Wayne Cunningham says Rubara goes beyond existing scientific consensus By Julius Melnitzer | October 28, 2022 The Ontario Court of Appeal has overturned a six-year-old aggravated sexual assault conviction of a man who did not disclose his HIV-positive status to a sexual partner of three months’ standing. The decision in R. v. Rubara expands on the court’s […]
LSO revokes license of ‘ungovernable’ Hamilton lawyer
Gavin MacKenzie says a penalty for ungovernability other than revocation is hard to justify By Julius Melnitzer | October 24, 2022 In a rare finding, the Law Society Tribunal has revoked the license of Hamilton lawyer Gerald Culliton on the ground that he was “ungovernable.” “Often, ungovernable lawyers are found guilty of other serious professional […]
Trial judge may consider accused’s Indigeneity in criminal records admissibility determination: OCA
Decision dispels controversy about whether Gladue principles apply to trial process By Julius Melnitzer | September 30, 2022 The Ontario Court of Appeal has ruled that trial judges may consider an accused’s Indigeneity in determining whether their criminal records are admissible in cross-examination. “This is an important and helpful legal precedent on an issue that […]
Female officer’s strip search of male lawful in ‘exigent circumstances’: Ontario Court of Appeal
Michelle Psutka of Scott Fenton Barristers By Julius Melnitzer | September 19, 2022 The Ontario Court of Appeal has ruled that the strip search of a male accused in the presence of a female officer did not violate the accused’s Charter rights because the search took place in “exigent circumstances.” “The Court of Appeal’s reasons […]
Ontario Court of Appeal catches up with HIV science in voiding decade-old sexual assault conviction
Decision highlights need for broader approach for HIV nondisclosure conviction reviews: Colleen McKeown of Daniel Brown Law LLP. BY Julius Melnitzer | September 6, 2022 Relying on new scientific evidence, the Ontario Court of Appeal has overturned the 2013 aggravated sexual assault conviction of a woman who did not reveal her HIV status to an unprotected […]