45 search results for "court of appeal toronto"

Toronto Council will fight the provincial law that cut its size from 47 to 25 members all the way to the Supreme Court of Canada. The City was given an incentive to make the appeal by a surprise split decision on the part of the Ontario Court of Appeal a week ago. Three justices relied on the Constitutional declaration that municipalities are “the creatures” of the provinces. Thus they ruled, Queen’s Park had an absolute right to enact the Better Local Government Act slicing Council essentially in half. But two judges roamed into the land of rights and concluded that the Ford government move, launched in the middle of an election campaign, was unconstitutional because it violated the rights of candidates.

The Supreme Court has responded to the awful truth about an end to solitary confinement in Canadian Prisons. Namely, that it will lead to the death of prisoners who are determined to hurt or kill either themselves or others. Prisoner isolation was declared unconstitutional 18 months ago by the Ontario Court of Appeal in a decision that would have become effective Monday. The high court Sunday set aside that deadline at the urging of the federal government to permit a full hearing on the issue. Recent years have seen ferocious lobbying by many groups as well as an emotional campaign by the Toronto Star to end so-called administrative isolation. In its request to set aside the deadline, the government warned that banning solitary confinement without a practical alternative in place would create a dangerous situation in prisons. Indeed, it isn’t difficult to imagine wholesale bloodshed caused by persons who are legally sane but dangerously violent. Colin Perkel, Canadian Press.

The City of Toronto will be in the Ontario Court of Appeal Monday and Tuesday asking it to strike down legislation by which the Ford government reduced Council from 47 wards to 25. The difficulty, as was shown on a previous effort to invalidate the government’s action, is that the Constitution gives provinces the clear authority to do pretty much anything they want when it comes to municipalities. It doesn’t matter how unfair or even stupid it may seem to reasonable people The old saying that the municipalities are the creatures of the provinces applies. Media are reporting that the proceedings will be live-streamed but no link is provided. The CBC says it is installing the court cameras. CBC

Councillor Josh Matlow, running in the new Ward 12 (St. Paul’s), is urging the City to find ways in which it can appeal lower court decisions to approve the Ontario government’s legislation to reduce the size of Toronto Council. He says the fight should be taken to the Supreme Court of Canada if necessary. He also proposes federal legislation to permit Toronto, and other Canadian municipaltiies, independence from the current constitutional provision which makes municipalities creatures of the provinces. He describes such a provision as a City Charter.

Saliva test for concussion

Yusaku Maezawa

Twin Town Brazil

The scourge of concussion may be much easier to diagnose and treat quickly as a result of research into a simple saliva test. Remarkable. Then, say hello to Japanese billionaire and artist Yusaku Maezawa, 43, who will be the first revenue service rider on a trip around the moon in 2023. Below that, the mysterious abundance of twins in Cândido Godói, Brazil. It is a village of 7,000 inhabitants populated by descendents of German immigrants and scientists say, not surprisingly, that it must be in the genes. Finally, the Ontario Court of Appeal will decide tomorrow if Doug Ford has violated the rights of Ontarians or merely enacted legislation to make Toronto Council smaller.

Lawyers for the City of Toronto have thrown a kitchen sink of objections at the Better Local Government Act, the legislation passed by the Legislature to reduce the size of City Council from 47 sets to 25. Among the arguments are that it’s discriminatory, arbitrary, violates the Constitution, breaches the Charter of Rights and denies effective representation. Ontario Superior Court will hear the arguments Friday and the most tempting prospect is that the court might agree with all of these complaints and still find the Better Local Government Act entirely constitutional. The prospect of a different decision might delight City Council but it seems likely to throw Canada into constitutional confusion. It would require an immediate appeal by the Ontario Government and perhaps set the City and Legislature on the road to the Supreme Court of Canada.

'Decisive victory for competition': Supreme Court won't hear TREB appeal in real estate data case https://t.co/1PdZwU0mH0 pic.twitter.com/0CsuX98zd0

— National Post (@nationalpost) August 23, 2018

The Toronto Real Estate Board has responded to the decision by the Supreme Court not to grant leave to hear TREB’s appeal. It notes that the order of the Competition Tribunal will come into effect in 60 days time, unless it is modified. The response goes on:

As noted by the Supreme Court of Canada, of the approximately 600 leave
applications submitted to the Court each year, only about 80 are granted. The
possibility of succeeding in getting an appeal heard is in general remote. The
Court’s role is not to correct errors that may have been made in the courts below.
Rather it grants leave only where its decision is likely to have an impact on society
as a whole.

TREB believes personal financial information of home buyers and sellers must
continue to be safely used and disclosed in a manner that respects privacy
interests and will be studying the required next steps to ensure such information
will be protected in compliance with the Tribunal Order once that comes into
effect — John DiMichele, CEO, Toronto Real Estate Board

The government in Ottawa has argued to the Supreme Court of Canada that the Toronto-born son of Russian intelligence agents should be denied Canadian citizenship, the same exception that applies to any child born in Canada to a foreign diplomat. Canadian Press reports Friday that it has obtained a recently submitted brief attempting to overturn a Federal Court of Appeal ruling that effectively affirmed the Canadian citizenship of Alexander Vavilov and, through a related case, his older brother. Alexander, 24, and Timothy, 28, were born in Canada to parents using the aliases Donald Heathfield and Tracey Ann Foley. They were imprisoned and later deported in a prisoner swap with the Russians. Canadian Press Feds in last-minute bid to deport brothers born to spies

David Livingston

In court

former Premier McGuinty

David Livingston, chief of staff to ex-Liberal premier Dalton McGuinty, has been sentenced to four months in jail and a year’s probation for deleting documents related to the notorious 2011 gas plant cancellation scandal. It is a sorry day for Livingston, 65, a man of otherwise spotless reputation who was apparently ensnared by his loyalty to Mr. McGuinty. Judge Timothy Lipson said the crime committed was extremely serious. “His conduct was an affront to, and an attack upon, democratic institutions and values,” Lipson said. “An attempt to tamper with the democratic process requires a strong denunciatory response.” The Crown had called for a six-month jail term while the defence had urged a conditional discharge, saying bad publicity has been enough punishment for Mr. Livingston.

BAD JOB REFERENCE IS NOT DEFAMATION

The Ontario Court of Appeal has said that even though the content of a job reference may be defamatory the author is not necessarily liable. In the case of an Ontario woman who sued her former supervisor, the court said such references are protected by the defence of qualified privilege.  “The statements made by the respondent were defamatory but, given that they were made in the context of providing an employment reference, they were subject to a defence of qualified privilege,” the Appeal Court said. “The trial judge also concluded that the plaintiff had failed to prove malice in the making of the statements, so the defence of qualified privilege was not defeated.”

SON OF SLEEPER AGENTS GETS CANADIAN PASSPORT

Alex Vavilov, the son of Russian sleeper agents who have been kicked out of Canada and can never return, has nonetheless been granted a Canadian passport because he was born here. The Supreme Court is reviewing Vavilov’s status but until it returns a decision, he is a Canadian. Fascinating stuff. CBC

The Ontario PC Party will pick a new leader Saturday, March 10. five weeks from now. The announcement came Wednesday night after a committee spent the last few days drafting rules, a timeline for the race and how much it will cost. The general election is Thursday, June 7. Rules of the leadership contest will be released Thursday. The election will be on the basis of one member, one vote and use what is being called secure remote electronic voting.

OTHER NEWS

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• Senate passes bill to make O Canada lyrics gender neutral
• Court upholds $700K libel award for relentless internet smear campaign
• Conservative MP Erin O’Toole considering run for Ontario PC leadership
• RCMP puppies need names from kids in annual contest