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Legal Update Service

Click on the links above to view recent decisions from the Supreme Court of Canada as well as other courts across the country.

Ontario’s chief justice calls for judges to expand their role as mediators

Despite some fierce opposition within his own ranks, Ontario’s chief justice is calling for the judiciary to push beyond its “comfortable” decision-making role to conduct more mediations in civil cases.

Admitting his proposed “cultural shift” is “controversial,” especially amongst judges, Chief Justice Warren Winkler argues the time is ripe to “plan seriously” to make judicial mediation more routinely available to civil litigants (not just on an ad hoc basis) by integrating it into Ontario’s regular court services and renovating court facilities to provide the necessary meeting rooms and access to technology.

Tax accountant privilege

Should privilege extend to communications between tax accountants and their clients? As there is “no tax without law,” advising on the law is what tax accountants do. The English Court of Appeal is now examining whether privilege should be based on the nature of the advice or the qualifications of the person providing it.

Biologic drug wars

Most drug litigation to date has centred on conventional pharmaceuticals — ​small and simple chemical drugs. A valuable, but more complex, prize will be on the table more often in future drug wars: biologic drugs.

Greening the law office

According to Greening Greater Toronto, an initiative from the Toronto City Summit Alliance, commercial buildings — like those that house some of Canada’s top law firms — account for approximately one-third of greenhouse gas emissions in the Greater Toronto Area (GTA). Commercial buildings also consume 37 per cent of the electricity and 17 per cent of the natural gas.

Explosive allegations emerge in Quebec's inquiry on nominating judges

Barely a week after abandoning a lawsuit that sought to dissolve a provincial commission of inquiry into Quebec’s system of nominating judges, former Justice Minister Marc Bellemare testified under oath that Liberal Party fundraisers, with the consent of Premier Jean Charest, pressured him to appoint two loyal Liberals to the bench and to promote a third as assistant chief justice to the Court of Quebec.

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