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Supreme Court set to hone details on strict Jordan time limits on criminal trials

Jeremy @jopolsky.bsky.social · Mar 19

This is my 9,874,652 request for L'Expert to stop listing its lawyers alphabetically.

Just randomize them. Don't punish lawyers with the X, W, and Z names.

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Jeremy @jopolsky.bsky.social · Jan 18

It’ll be interesting to see what this Court does with Jordan in the face of the media attention.

6 new judges since Jordan (only CJC, KAR and COTE remain - 2 from majority).

www.theglobeandmail.com/canada/artic...

Court agrees to hear case that will further shape the parameters of 2016 ruling that instituted deadlines for criminal trials

Supreme Court case to define material change could roil public markets

Jeremy @jopolsky.bsky.social · Jan 2

Cool case being heard on Jan 15 on what constitutes a Material Change under the Ontario Securities Act.

www.theglobeandmail.com/business/art...

Unless the Supreme Court can provide clarity, the consequences could include a deluge of class-action lawsuits against public companies and a sharp decline in the number of companies willing to operat...

A new generation of judges is redefining what Canada’s top courts look like

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Jeremy @jopolsky.bsky.social · Jan 2

A good canvas on the changing face of 🇨🇦 Courts.

A distinct advantage of 🇨🇦 appointment system, with mandatory retirement at 75--a feature of our constitution--means that we do have generation turnover of Courts faster than in places like the United States.

www.theglobeandmail.com/canada/artic...

Among 1,180 federally appointed judges, 47 per cent are women and 6 per cent are racialized, according to data from the Office of the Commissioner of Federal Judicial Affairs

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Jeremy @jopolsky.bsky.social · Dec 26

We get 1 hour each side at the Supreme Court in 🇨🇦.

We often get longer at our Courts of Appeal.

Jeremy @jopolsky.bsky.social · Dec 18

My test for BlueSky as a platform is posting my deeply held opinion that:

Raisins are the surest way to ruin a good cookie (or really any food).

2024 ONSC 6500 (CanLII) | Bah v. Diallo | CanLII

Jeremy @jopolsky.bsky.social · Dec 18

Holding a party responsible for the failures of its lawyer was harsh, but the only tool to enforce compliance.

canlii.ca/t/k81q0

Access all information related to judgment Bah v. Diallo, 2024 ONSC 6500 (CanLII) on CanLII.

canlii.ca

Jeremy @jopolsky.bsky.social · Dec 18

Can not abiding by double spacing cost your client… costs in Ontario?

Maybe. In Bah v. Diallo, 2024 ONSC 6500, a family law case, SHARMA denied a party costs bc they did not follow the practice direction.

The affidavit was single not double spaced. It contained argument instead of only facts.

Federal Justice Minister says notwithstanding clause should ‘always be a tool of last resort’

Jeremy @jopolsky.bsky.social · Dec 11

Section 33 for exceptional use only - clearly s33 is going to be a hot button issue in the years to come:

www.theglobeandmail.com/canada/artic...

The debate over whether and how governments use the notwithstanding clause could soon land at the Supreme Court if it decides to take a case challenging Quebec’s Bill 21

Jeremy @jopolsky.bsky.social · Dec 10

How many is Auer like the Phantom of the opera?

It’s written by the same ppl but it’s better than Katz

- @andrewbernstei9.bsky.social on Breakfast with Appeal

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Jeremy @jopolsky.bsky.social · Dec 9

The SCC releases a decision from the bench today in a case that affects a child.

I’ve been critical of decisions from the bench, but this checks most of the boxes - (1) clear urgency (2) reasons to follow

The only issue is the indication of a dissent…

video.isilive.ca/scc/2024/202...

Video

video.isilive.ca

Jeremy @jopolsky.bsky.social · Dec 9

Once again @canlii.bsky.social I love you, but I promise that if I’m searching for a case that went to the Supreme Court, I don’t want the Court of Appeal version.

Pls don’t send me there.

Reposted by Jeremy

Paul Daly @pauldalyesq.bsky.social · Dec 8

And here is a question:

Judicial salaries are fixed by independent commissions: this is a constitutional requirement grounded in judicial independence.

Shouldn’t the same be true of adequate funding for the judiciary?

It is a bad look for judges to have to rattle the begging bowl publicly.

Paul Daly @pauldalyesq.bsky.social · Dec 8

Hard agree on this.

As a tribunal member (albeit one with a very modest annual workload) I benefit enormously from support services provided by the ATSSC. It makes my job much easier. Many superior court judges do not have comparable resources. It makes their jobs much harder.

Jeremy @jopolsky.bsky.social · Dec 8

There is a larger resources (fed + prov) problem to fix, including court staffing, judicial resources (clerks?), rules of court, unnecessary procedures, technological frictions and sometimes even substantive law.

We need a holistic approach.

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Reposted by Jeremy

Paul Daly @pauldalyesq.bsky.social · Dec 8

Hard agree on this.

As a tribunal member (albeit one with a very modest annual workload) I benefit enormously from support services provided by the ATSSC. It makes my job much easier. Many superior court judges do not have comparable resources. It makes their jobs much harder.

Jeremy @jopolsky.bsky.social · Dec 8

There is a larger resources (fed + prov) problem to fix, including court staffing, judicial resources (clerks?), rules of court, unnecessary procedures, technological frictions and sometimes even substantive law.

We need a holistic approach.

Jeremy @jopolsky.bsky.social · Dec 8

There is a larger resources (fed + prov) problem to fix, including court staffing, judicial resources (clerks?), rules of court, unnecessary procedures, technological frictions and sometimes even substantive law.

We need a holistic approach.

Globe editorial: An obvious fix for Canada’s judge shortage

Jeremy @jopolsky.bsky.social · Dec 8

t is great (and important) that judicial vacancies are getting so much attention.

But to say that the backlog in crim and civil cases are wholly about judges misses the forest for the trees.

www.theglobeandmail.com/opinion/edit...

The logjam causing so many vacancies lies in the PMO and the justice minister’s office. Removing it would be simple, if the political will were there

Supreme Court of Canada - SCC Case Information - Docket - 40396

Jeremy @jopolsky.bsky.social · Dec 8

There appears to be a new motion practice at the Supreme Court of Canada: to move for reconsideration. In Poonian v. BCSC, the appellants (who were partially successful) moved for reconsideration or a re-hearing.

The motion was denied.

www.scc-csc.ca/case-dossier...

Thalbinder Singh Poonian, et al. v. British Columbia Securities Commission

www.scc-csc.ca

Jeremy @jopolsky.bsky.social · Dec 7

It is great (and important) that judicial vacancies are getting so much attention. We undoubtedly need vacancies filled.

But to say that the backlog in crim and civil cases are wholly about judges misses the forest for the trees.

There is a larger resources (fed + prov) problem to fix.

The Globe and Mail @theglobeandmail.com · Dec 7

Opinion - An obvious fix for Canada’s judge shortage: The logjam causing so many vacancies lies in the PMO and the justice minister’s office. Removing it would be simple, if the political will were there

An obvious fix for Canada’s judge shortage

The logjam causing so many vacancies lies in the PMO and the justice minister’s office. Removing it would be simple, if the political will were there

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Jeremy @jopolsky.bsky.social · Dec 3

We’ll have to get you to an SCC argument one day…

Supreme Court rules provinces can join B.C. in opioid damages class-action

Jeremy @jopolsky.bsky.social · Nov 29

Today’s SCC ruling on Opioid Recovery Act - it is intra vires the provinces.

www.theglobeandmail.com/canada/artic...

The 6-1 ruling means all provinces can remain part of a single class-action lawsuit that British Columbia has already launched in the province’s superior court against dozens of companies involved in ...

Supreme Court of Canada - SCC Case Information - Summary - 41336

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Jeremy @jopolsky.bsky.social · Nov 28

2 leaves today from the SCC - and a fascinating constitutional case about Canada's original written constitution, national security and Parliamentary privilege.

Ryan Alford v. Canada re: the National Security and Intelligence Committee of Parliamentarians Act.

www.scc-csc.ca/case-dossier...

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

www.scc-csc.ca

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Jeremy @jopolsky.bsky.social · Nov 28

Today, it seems the line is playing exactly as the Nazi-sympathizing Emcee would have intended.

Jeremy @jopolsky.bsky.social · Nov 28

On more than one occasion in the past two weeks — since the election — a small number of audience members have squealed with laughter at “She wouldn’t look Jewish at all.” In the late 1960s, we softened the line because the truth was too hard to hear.

Opinion | I Starred in ‘Cabaret.’ We Need to Heed Its Warning.

Jeremy @jopolsky.bsky.social · Nov 28

Musical theatre and today’s truth

In a show about antisemitism the audiences aren’t shocked like they used to

I’m hearing from friends in the current Broadway production of “Cabaret” that the line is once again getting an audible response, but of a different sort.

www.nytimes.com/2024/11/24/o...

Much has changed since the show debuted on Broadway in 1966, but it’s what hasn’t changed that should worry us.

www.nytimes.com