Canada

Canada Post workers fight back-to-work legislation, The Chronicle-Herald

Judge rejects B.C. teachers' bargaining request, The Globe and Mail

Woman confesses to killing husband's mistress in 1992, court told, The Vancouver Sun

United States

Supreme Court questions strip searches at jails, Reuters

Nigerian man pleads guilty to U.S. airliner bomb plot, Reuters

International

Australian court bans Samsung tablet, Reuters

Alleged Saudi assassination plot may have violated UN treaty, Reuters

Labour and employment law is the top area business leaders will look to lawyers for their advice over the next year, according to a survey released yesterday by law firm Miller Thomson LLP.

The survey, conducted in the second half of August, polled 200 senior business executives from a broad spectrum of the Canadian economy, including manufacturing, financial services, retail, forestry, agriculture, and mining.

The poll asked what issues were most likely to keep those business leaders up at night. Profitability, a high Canadian dollar, and attracting talent topped their list of worries.

“What we are hearing from Canadian business leaders is that external economic forces are clearly taking a toll on corporate bottom lines,” says Gerald Courage, chairman of Miller Thomson. “There is no doubt that a high Canadian dollar has been a major factor, so it is reassuring to see some recent relief in this area.”

But as it was conducted by a law firm, the survey also asked what type of legal advice those business leaders would most likely seek out. Over the next 12 months, 73 per cent of those polled will be looking for labour and employment advice: 57 per cent will need assistance with mergers and acquisitions; followed by 56 per cent looking for tax law help, 55 per cent probably requiring assistance with litigation, 33 per cent with intellectual property protection, 31 per cent with succession planning, and 28 per cent with environmental law.

For 79 per cent of execs in the areas of mining, oil and gas, and exploration industries, as well as the finance, insurance and real estate industries, M&A advice is likely what they’ll be seeking out the most over the next 12 months.

Click here for Miller Thomson’s regional breakdown of the results in the areas of business issues, issues of national importance, and legal advice sought.

Miller Thomson’s survey was conducted by Research House. A sample of 200 senior and C-level executives were surveyed (157 males and 43 females). With a sample of this size, the results are considered accurate to within ± 6.9 per centage points, 19 times out of 20.

Legal Feeds attended employment & labour law firm Sherrard Kuzz LLP's 10th anniversary at The Royal Conservatory's Koerner Hall in Toronto on Oct. 11.

All photos by Karen Lorimer.

Canada

SCC to hear case on Canada's hate laws, The Globe and Mail

Child porn evidence can be used at trial, court rules, Toronto Star

Que. sets up program to open safe-injection sites, The Globe and Mail

United States

Supreme Court refuses to hear same-sex parents case, Reuters

Winklevoss twins lose $13M appeal of law firm award, Reuters

International

Myanmar releases over 300 political prisoners, Reuters

Russian court expected to toss $2.8B lawsuit against BP, Reuters

The Canada Pension Plan Investment Board is betting on the future of dollar stores with the purchase today of 99 Cents Only Stores which announced it has entered into a definitive agreement to be acquired by CPPIB and Ares Management LLC for $22 per share in cash, in a transaction worth about US$1.6 billion.

The dollar store chain has been a hot property, pursued by at least two other rival offers. In March the chain received a proposal to be taken private by members of the Schiffer-Gold founding family and Leonard Green & Partners LP, in a deal valuing the company at $1.34 billion.

Torys LLP acted for CPPIB on the deal with a team that included lead partner Stefan Stauder, Peter Keenan, Jon Wiener, Andy Hope and Morgan Dann, all from the firms New York City office.

Industry experts say dollar stores have become takeover targets as they lure consumers who prefer quicker purchases and smaller stores compared to going to larger discount department stores when buying items such as toothpaste and packaged foods.

The dollar-store chain, led by chief executive officer Eric Schiffer, reportedly had $221.8 million in cash and marketable securities with no debt at the end of its fiscal first quarter.

Members of the Gold/Schiffer family who own the chain have entered into a voting agreement in support of the transaction and will continue to hold a significant minority ownership stake. Schiffer, president and chief operating officer Jeff Gold, and executive vice president Howard Gold will continue in their current leadership roles and serve as directors.

“We are pleased to be partnering with the Gold/Schiffer family and Ares in making this investment in 99 Cents Only Stores, which has a strong market position and attractive store economics in a growing retail sector,” said Andre Bourbonnais, senior vice president, private investments of CPPIB in a statement. “This investment is consistent with our strategy of investing alongside strong partners in an asset that we believe is well positioned for the long term and has shown good performance in various economic environments.”

Founded in 1982, 99 Cents Only Stores operates 289 retail stores in California, Texas, Arizona and Nevada. Over half of the company’s sales come from food and beverages, including produce, dairy, deli and frozen foods, along with organic and gourmet foods.

The Supreme Court of Canada kicks off its fall session today. Here are the appeals the SCC will be hearing this week.

Oct. 12 — Saskatchewan — Saskatchewan Human Rights Commission v. Whatcott

Human rights: William Whatcott distributed flyers on behalf of the Christian Truth Activists to homes in Saskatoon and Regina that denounced the sexual practices of same-sex partners. Four people who received the flyers filed complaints alleging the content violates the Saskatchewan Human Rights Code. The Saskatchewan Human Rights Commission appointed a tribunal to hear the complaints, which decided that the flyers did violate the Code. Whatcott appealed, claiming he was exercising his right to freedom of expression and freedom of religion. The main question is whether the Code’s hate speech prohibition violates the Charter of Rights and Freedoms.

Oct. 13 — Quebec — R. v. Lamoureux

Charter of Rights and Freedoms: Anic St-Onge Lamoureux was convicted of operating a vehicle with a blood alcohol level over the legal limit. She argued that sections of the Criminal Code were unconstitutional because they infringed the right to be presumed innocent, the right against self-incrimination, and the right to make full answer and defence. The Court of Quebec ruled that the application of those sections was constitutional. She didn’t appeal her conviction. The Attorney General and Crown have applied for leave to appeal to address the constitutional questions raised in the case.

Oct. 13 — Ontario — Dineley v. R.

Statutes: Following a car accident, Samuel Dineley was charged with impaired driving and operating a vehicle with a blood alcohol concentration exceeding 80mg alcohol in 100ml blood. At trial, he presented a toxicology report to rebut the presumption of identity. The Crown asked for an adjournment to cross-examine the toxicologist. But while the trial was adjourned, the Criminal Code was amended to stop testimony over the accused’s alcohol consumption based on arguments of a problem with the breathalyzer or testing procedure. The main issue is whether the amendment applies to offences committed before the effective date.

Oct. 14 — Newfoundland & Labrador — Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador

Labour law: The Newfoundland and Labrador Nurses’ Union claimed that annual leave hours had been improperly taken away from a group of nurses. An arbitrator determined that according to their collective agreement, the nurses couldn’t count their time as casual employees for vacation entitlement once they became permanent employees. The union filed for judicial review, arguing that vacation entitlement was determined on the basis of “service,” which included their time as casual employees.

Canada

B.C. teachers back in court over class-size decision, CBC News

Ex-NHL players threaten to sue Don Cherry over remarks, The Gazette

19-year-old charged after woman dies following break-in, The Vancouver Sun

United States

Ex-hedge fund tycoon faces sentencing for insider trading, Reuters

Woman charged with murder for cutting fetus from womb, Reuters

International

Former Ukraine PM Tymoshenko jailed for 7 years, Reuters

German court bans night flights at Frankfurt airport, Reuters

This building at 309 Duckworth St. is home to the fourth permanent courthouse in St. John’s. The first opened in 1730 on almost the same spot but burned down as did the others. The plans for this grand courthouse began in 1899 and the cornerstone for the new building was laid by the Duke of York, who who would late become King George V, with a 14-karat gold trowel made especially for the occasion.

Construction of the new courthouse continued throughout 1902 and 1903. The building was officially opened May 2, 1904, at exactly noon when Chief Justice Sir William Horwood, together with justices George Henry Emerson and George MacNess Johnson took their places on the bench. On June 18, 1988, the courthouse was declared a national historic site.

Today the Courthouse is used exclusively by the Trial Division of the Supreme Court of Newfoundland and Labrador, except for a portion of it in its basement area which houses the city lockup.

Read more of the court’s history here.

This is the second in our occasional photographic series of the courthouses of Canada. If you have a photo and story of the courthouse in your city or town that you’d like to share, e-mail it to editor This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

As much as law school is about studying hard and getting a good job, students still have some fun.

Justices Eileen Gillese, Rosalie Abella, and John McMahon preside over the Grand Moot. Photo: Heather Gardiner

Although it was a serious debate, there were jokes all around at the University of Toronto Faculty of Law’s Grand Moot on Oct. 6 — especially from Supreme Court of Canada Justice Rosalie Abella, who is known for her humour.

The theme of this year’s moot was “Meth labs, public safety, and the Charter.”

The annual event attracted some faculty members and hoards of students — to the point where there was standing room only for some.

Presiding over the case were justices Abella, Eileen Gillese of the Ontario Court of Appeal, and John McMahon of the Ontario Superior Court.

The mooters were law students Michael Portner Gartke and Emily Shepard for the Crown, and Joe Ensom and Kate Southwell for the defence.

The case involved John Appleseed, the defendant, who called 911 for medical assistance. He told the firefighter, Mark Johnston, who arrived on the scene that he suffered burns to the left side of his body from knocking over a pot of boiling pasta. However, the firefighter thought the burns were caused by acid and suspected Appleseed of running a meth lab. Johnston told fire chief Mark Greenberg about his suspicion. Greenberg asked Appleseed for permission to enter his home but he refused. Once paramedics took Appleseed away, Greenberg decided to enter his home — without a warrant — and discovered a meth lab in the basement.

The court was asked to decide whether the search of Appleseed’s home by the fire department contravened s. 8 of the Charter of Rights and Freedoms, and if so, should evidence from the search be excluded in accordance with s. 24(2) of the Charter.

As the two sides argued their points, the judges did not hold back their rebuttals, but the mooters held their composure.

Some of the issues argued in the moot court related to whether Greenberg acted in good faith, if the situation posed an imminent danger, and if Appleseed’s privacy rights were violated.

The judges did not release a ruling in the case as the exercise was meant to provide trial practice for the students.

Canada

Dr. Bernstein seeks closed court to protect weight-loss 'secret', The Globe and Mail

No coroner's inquest into Dziekanski death planned, The Province

Court decision on drugs could affect prostitution case, Reuters

United States

Jury clears New York woman of murder in battered-wife case, Reuters

Appeals court to hear new U.S. Internet traffic rules, Reuters

International

EU closer to limiting world airline carbon emissions, Reuters

Chile appeal court allows work to proceed on HidroAysen project, Reuters