Category Archives: Ontario Superior Court

Great Law Event in Toronto, Canada! LOOKING FORWARD, LOOKING BACK: 40 YEARS OF RESISTANCE

LAW UNION

Join us on Saturday, March 16, 2013, for the Law Union of Ontario’s Annual Conference! 2013 marks the 40th anniversary of the Law Union, and this year’s conference will bring progressive legal and activist communities together to discuss an exciting and challenging series of issues. To register for a day of inspiring and provocative panels, workshops, and discussion click here: REGISTER

The conference will be held at Victoria College, on the University of Toronto campus. The address is 91 Charles Street, with the building just south of Charles. This facility is wheelchair accessible. Follow this link for a map of the exact location of the conference: http://map.utoronto.ca/building/501

Scroll down for the full schedule of panels and speakers.

CPD hours pending.

FRIDAY, MARCH 15TH: ANNIVERSARY CELEBRATION AT THE TRANZAC

In honour of the Law Union’s 40th anniversary, join other conference-goers on the evening of Friday, March 15th, for a celebration with live music, drinks, reflections, and awards. This event will be held at the Tranzac, 292 Brunswick Avenue, Toronto, from 7:30 pm onwards. All are welcome!

CONFERENCE PROGRAM: MARCH 16TH
Victoria College

REGISTRATION: 8 AM

PANELS: 9 – 10:30 am

Envisioning the New Law Practice Program
Renatta Austin, Articling Student, City of Toronto
Elena Iosef, Osgoode Hall Legal and Literary Society
Janet Minor, Ministry of the Attorney General, Law Society Bencher

Deconstructing the Doctrine of Discovery
Tannis Nielsen, Artist and Educator

Mental Health and Justice: Three Unique Voices
Sarah Shartal
TBA

Working on the Margins: Perspectives on Migrant Work in Canada
Fay Faraday, Osgoode Hall Law School, Faraday Law
Kelly Botengan, Magkaisa Centre, Phillipine Women’s Centre
Evelyn Encalada, Justice for Migrant Workers

MORNING PLENARY: 10:45 am – 12:15 pm

Panels full of Women: 40 Years Later, Has Anything Changed?
Beth Symes, Symes Street & Millard LLP, Law Society Bencher
Janet Minor, Ministry of the Attorney General, Law Society Bencher
Jessica Wolfe, Legal Aid Ontario
Sharon Walker, Dykeman Dewirst O’Brien, LLP

PANELS: 1:30 – 3:00 pm

Resonance: Police Racial Profiling and Intelligence Gathering
Vickie McPhee, Rights Watch Network
TBA

Decolonizing Relationships: Treaties and Beyond
Diane Kelly, Former Ogichidaakwe (Grand Chief), Treaty #3
Crystal Sinclair, B.S.W., Activist and Organizer, Idle No More Toronto
Lorraine Land, Olthuis Kleer Townshend

Advocacy out of the Courtroom: Skills without Gowns
Asha James, Falconer Charney LLP
Janina Fogels, Human Rights Legal Support Centre
Diana Zlomistic, Toronto Star

Resisting Neoliberal Reductions in Access to Justice
TBA

PANELS: 3:15 – 4:45 pm

Solidarity City Now: Legal and Community Organizing for Immigrant Justice
Rathika Vasavithasan, Parkdale Community Legal Services
Faria Kamal, Health for All
Sarah Mikhaiel, Sanctuary Network
Liza Draman, Caregivers Action Network

The End of the Employee: A Critical Discussion on the Rise of Contract Work, Internships and Underemployment
Claire Seaborn, Canadian Intern Association
Jenny Ahn, CAW, Director for Membership, Mobilization and Political Action
TBA

Aboriginal Youth and Child Welfare
Rina Okimawinew, Attawapiskat First Nation
Billie-Jean McBride, George Brown College
Judith Rae, Olthuis Kleer Townshend

Prison Litigation as Harm Reduction
TBA

AFTERNOON KEYNOTE: 5 – 5:30 pm

Delia Opekokew is a lawyer and a deputy Chief Adjudicator for the Independent Assessment Process. From the Canoe Lake First Nation in Saskatchewan, she was the first First Nations lawyer ever admitted to the bar association in Ontario and in Saskatchewan, as well as the first woman ever to run for the leadership of the Assembly of First Nations.

Childcare will be provided – please email us in advance at lawunionofontario@gmail.com with the number and ages of the children who will be attending.

If you would like to donate to the conference, you may do so through
the Jur-Ed Foundation at Canada Helps

Questions? Email us at lawunionofontario@gmail.com, and include “conference” in the subject heading.

Funny Writing Styles – Bruni v Bruni, 2010 ONSC 6568 (CanLII)

Family TIme

Who says Canadian Courts are boring?

[1]     Paging Dr. Freud. Paging Dr. Freud.

[2]     This is yet another case that reveals the ineffectiveness of Family Court in a bitter custody/access dispute, where the parties require therapeutic intervention rather than legal attention. Here, a husband and wife have been marinating in a mutual hatred so intense as to surely amount to a personality disorder requiring treatment.

So begins the decision, Bruni v Bruni, 2010 ONSC 6568 (CanLII), penned by Justice Quinn of the Ontario Superior Court. It is worth going through this piece of juridical writing – despite the lurid details of a messy family dispute, the Justice makes the decision readable and, well, entertaining.

[18]    Larry gave evidence that, less than one month later, Catherine, “Tried to run me over with her van.”[6]

Footnote: [6]  This is always a telltale sign that a husband and wife are drifting apart.

[90]    On another occasion in July of 2009, L said to T: “You put shit in this hand and shit in this hand, smack it together, what do you get? T.”[30]

Footnote [30]   I gather that this is L’s version of the Big Bang Theory.

 [91]    L explained in his evidence that his comments to T were anaemic attempts at humour. They were not intended to be hurtful. I accept his evidence. Mr. L correctly characterized L as a passive man who was not adept at responding to situations involving his post-separation daughter. It is to be remembered that, following separation, L was confronted with an angry, hurt, confused and rebellious daughter who had been receiving advanced animosity-tutoring from C. This would be a difficult situation for even the most talented and perceptive of fathers to overcome. Given L’s near-empty parenting toolbox, it is not surprising that he handled the matter awkwardly. Had C fulfilled her dual parental duty to foster and encourage access between Land T and not to speak disparagingly of him in the presence of T, I am confident that this case would have unfolded differently.

[...]

9.       Spousal support

[158]  I come now to the issue of spousal support, historically the roulette of family law (blindfolds, darts and Ouija boards being optional).

Footnotes

[2]               At one point in the trial, I asked C: “If you could push a button and make L disappear from the face of the earth, would you push it?” Her I-just-won-a-lottery smile implied the answer that I expected.

[3]               I am prepared to certify a class action for the return of all wedding gifts.

[26]             The New Shorter Oxford EnglishDictionary defines “dickhead” as “a stupid person.” That would not have been my first guess.

Thunder Bay rule of law in Question: Racism in the Jury Roll

Something Rotten in Thunder Bay

March 2011 decision finding jury rolls in Thunder Bay unrepresentative, i.e., systematically excluding the participation of First Nations people. Pierre v. McRae, 2011 ONCA 187 (CanLII) http://canlii.ca/s/6jsqb

“[The] ruling confirms what we have suspected for years – that First Nations have been systematically excluded from the justice system. Even if an inquest into the death of Reggie Bushie could be convened, two more of our youth have died since 2007 and there is no inquest that is designed to address all seven deaths.” – NAN Deputy Grand Chief Terry Waboose

Here is a recent press release calling for a commission of inquiry:
http://www.nan.on.ca/article/nan-calls-for-commission-of-inquiry-into-the-deaths-of-seven-nan-youth-in-thunder-bay-730.asp