Written by Noah Lesiuk Following the decision of the Supreme Court of Canada (“SCC”) in Guerin v The Queen, precedent has solidified that limitation periods apply to Indigenous claims against the Crown.[1] In fact, the operation of such a doctrine in the Indigenous context is not only immortalized in the jurisprudence, but expressly conveyed through statutory authority. […]
By Calvin Ediger On December 3rd, 2020, royal assent was given to The Remote Witnessing and Commissioning Act which amended several acts, including The Manitoba Evidence Act, to allow the electronic witnessing of documents including affidavits. Previously affiants (those making the affidavit) were required to be physically present with the individual authorized to administer the oath and witness
Written by Calvin Ediger The Supreme Court has recently clarified the law with regards to public interest standing in British Columbia (Attorney General) v. Council of Canadians with Disabilities. Public interest standing allows organizations or individuals to bring a matter to court even though they are not directly impacted or had their rights infringed. This improves access
Written by Calvin Ediger In its recent report No Turning Back: CBA Task Force Report on Justice Issues Arising from Covid-19, the Canadian Bar Association remarked on the rapid adoption of new technology by Canadian legal actors. Many of these newly adopted technologies promise to save time, costs, and improve access for individuals seeking to access
Opinion: Open Courts and Access to Justice in the Digital Age Read More »
Written by Calvin Ediger Summary judgment motions are a powerful tool in the hands of modern courts that can greatly decrease the cost and time commitment of court proceedings for litigants. The Supreme Court endorsed summary judgment as a substitute for full trials in the case of Hryniak v. Mauldin, a case that arose in Ontario
Opinion: Manitoba Should Look to Ontario’s Lead in Summary Judgment Availability Read More »
