Sept. 21, 2020 - Overview Strategic lawsuits against public participation (SLAPPs) are lawsuits that are intended not to seek justice, but instead to intimidate and silence critics. Regardless of the merits of its underlying claim, a well-heeled plaintiff is often able to drag the critic through costly and...
When you follow a guide off piste you are letting your guide take your life in their hands. Before doing so you will no doubt vet the qualifications of your guide to ensure that they have the necessary experience and skill to lead you safely down the mountain. In this article published in Environmental Education for Court Practitioners, the experience of the authors is, unfortunately, that many of our environmental and energy administrative tribunals do not apply the same rigour before admitting “expert” testimony into evidence before them. These administrative tribunals often follow what the Ontario Court of Appeal dubbed the “let it all in approach” when receiving expert testimony. This approach has become so common that the authors noted during discussions with other counsel that some lawyers simply chose not to bother challenging the qualifications of an expert in administrative hearings.
Sept. 10, 2020 - Across the globe, courts are rapidly adapting their practices and procedures, initially in response to the COVID-19 pandemic and now to the gradual resumption of activities and easing of restrictions. As Canadian provinces gradually move toward reopening, courts have also begun to reopen their...