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News

How long should Crown have to keep evidence?
Law Times
Current practices around the retention of evidence in criminal cases fall short, Alan Young told the Ontario Court of Appeal last week.



Lawyer taken to task for 'derogatory comments' about junior counsel appeals master's order
Law Times
Toronto lawyer taken to task for making “derogatory comments” about his opposing counsel is appealing a master’s endorsement in a case that considers the judiciary’s role in policing interactions between members of the bar.

Queen's eyes letting in more law students
Canadian Lawyer 4Students, online
As Ontario law schools feel the impact of tightened purse strings, they are desperately searching for other ways to bring in additional revenue.

TD exec fully aware of limitations on deferred comp agreement: judge
Canadian Lawyer InHouse, online
An Ontario Superior Court judge has ruled a former TD Bank executive who worked under a deferred-compensation model can't have $1.6 million in deferred bonuses he says the bank owes him.



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News

Court, lawyers call for added guidance on breathalyzer disclosure
Law Times
As defence counsel continue to adapt to the elimination of the so-called two-beer defence, lawyers and the court are calling for additional guidance on what disclosure is relevant when it comes to assessing the reliability of breathalyzer machines.


Does McDonald's trademark extend to use of word Mac?
Law Times
In Cheah v. McDonald's Corp., Justice Roger Hughes dismissed a Federal Court challenge launched by Tong Cheah, who had spent six years fighting to trademark the word MacDimSum.

Video: Ontario Legal News Update
Law Times, online
Get the latest news in the Ontario Legal News Update for the week of September 23 with Law Times editor Glenn Kauth.

Mike Harris joins Faskens
Law Times
Former Ontario premier Mike Harris has switched law firms by joining Fasken Martineau DuMoulin LLP. Click here to read more of this story and other news tidbits in this week's Inside Story.




Commentary

Parties have role in court delays
Law Times, editorial
The case of Re Exposoft Solutions Inc. offers further evidence that it's not just the court system, but also the actions of the parties themselves, that are causing the civil litigation delays in Toronto.

Funding the sport of kings
Canadian Lawyer, online
The increasing recognition of the importance of litigation funding agreements in Ontario is a rational and reasonable response to the stark realities faced by proposed representative plaintiffs in class proceedings, the so-called "sport of kings," opines Kirk Baert in this month's Class Acts column.

Extreme delays in civil trials an urgent matter
Law Times
Without a viable system for the determination of civil claims, the parties will give up on their legal rights or move their cases out of the system entirely, writes Allan Rouben in this week's Speaker's Corner column. The onus is now on Ontarians to address the unconscionable wait times for trial dates in civil cases.



Carswell -Unraveling

News

The art of litigating clearly
Canadian Lawyer, online
Mitchell Rose shares helpful tips for lawyers, litigants, and mediators from Rolf Dobelli's book The Art of Thinking Clearly.

Case highlights need to illuminate bright lines in limited retainers
Law Times
In Outaouais Synergest Inc. v. Lang Michener LLP, there was arguably nothing wrong in what the solicitor did as part of his real estate closing retainer, writes The Dirt columnist Jeffrey Lem. His negligence was in the failure to draw the bright line before the engagement started and in failing to warn the client of the perils that lurked on the other side of that line.

Viva le Can…LII
Canadian Lawyer, online
The Future Files columnist Ben Hanuka discusses recent changes to CanLII's web site in his latest column.

Abuse and overreaction by police force not unusual
Canadian Lawyer, online
Damian Penny reviews the book Rise of the Warrior Cop: The Militarization of America’s Police Forces in this month's Law Library column.



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Case law

Case Law is a sample selection from the weekly summaries of notable unreported civil and criminal court decisions published in Law Times newspaper.

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