According to a recent study, fully one-third of Canadians will experience a legal problem within any given three-year period. This includes divorcing parents needing child support, small business owners trying to make a living, homeowners facing unscrupulous contractors, hard-working Canadians in conflict with their employers.
The criminal trial is concerned with determining whether a trier of fact (either a judge or jury) can be satisfied beyond a reasonable doubt of an accused's guilt as charged. The beyond a reasonable doubt standard is intended to avoid wrongful convictions and is related to the fundamental tenet of the criminal justice system: the presumption of innocence. The defence is required to do nothing. It is not required to call any evidence whatsoever. The burden remains on the Crown to prove guilt beyond a reasonable doubt. However, a prudent defence lawyer would do all that was within his/her power raise a reasonable doubt.
Over the past decade or so, the landscape of new lawyers, at least in Ontario, has dramatically changed. Today, based on at least anecdotal evidence, a sizeable portion of new lawyers obtain their law degrees from a foreign university with far lower admission and graduation academic standards than those required by Canadian universities.
The CCF assisted a taxpayer named Irvin Leroux in getting a decision from the B.C. Supreme Court, holding that Canada Revenue Agency (CRA) owed him a duty of care and breached its duty towards him. This was a precedent-setting ruling: never before had the CRA been told by any court that it had a duty towards individual taxpayers to treat them with care, and not to be negligent towards them.
At various times, Rob Ford has revealed an alarming capacity for lack of candour and an inability to listen to the advice of those closest to him. There is no indication that these sorts of behaviours would be any different with a lawyer. I would not take Mayor Ford on as a client. But then again, he is unlikely to ask me.
I was concerned about Kate and I met with her in person. When she told me what was going on at her firm, it became clear that there was an element of sexual discrimination or harassment. Articling students facing such harassment have few choices. They could make a complaint to the Law Society, file a complaint under the firm's internal workplace harassment policy (assuming it exists), consult an employment lawyer or perhaps bring a human rights complaint. The power dynamics of articling make such options not particularly appealing to most students. So most would stick it out.
Why didn't the mayor issue his denial sooner? He had never demonstrated any reluctance to defiantly challenge his accusers in the past. The mayor is a pitbull, not a puppy. At his press conference, Rob Ford revealed the reason for his silence: ''For the past week, on the advice of my solicitors, I was advised not to say a word.''
When a person is an executor of another's estate, it is a lot of hard work. The task often puts the individual in an unpleasant position of conflict. In order to remunerate these individuals for the risks and efforts that they have undertaken, attorneys, executors and trustees may claim compensation for their work out of the assets which they administer.
Estate litigation can be costly, both financially and emotionally. Thankfully, there is another avenue besides the courtroom that can serve to reduce both types of stress: alternative dispute resolution. Alternative dispute resolution mechanisms allow for disputes to be dealt with outside of the courtroom and are often an attractive means for litigants wishing to push toward settlement.
Nasrin Sotoudeh, an award-winning lawyer held unlawfully in Evin Prison since 2010, is on her third day of hunger strike. To show their solidarity with this incredible woman, human rights and online activists have organized a "Tweet Storm" for Friday. The online event is an urgent call to take action for her release.