Jeremy
@jopolsky.bsky.social
Hard to underestimate how much we love Bluey in our house.
June 8, 2025 at 3:05 PM
Hard to underestimate how much we love Bluey in our house.
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.
Just randomize them. Don't punish lawyers with the X, W, and Z names.
March 19, 2025 at 9:14 PM
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.
Just randomize them. Don't punish lawyers with the X, W, and Z names.
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...
6 new judges since Jordan (only CJC, KAR and COTE remain - 2 from majority).
www.theglobeandmail.com/canada/artic...
Supreme Court set to hone details on strict Jordan time limits on criminal trials
Court agrees to hear case that will further shape the parameters of 2016 ruling that instituted deadlines for criminal trials
www.theglobeandmail.com
January 18, 2025 at 5:02 PM
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...
6 new judges since Jordan (only CJC, KAR and COTE remain - 2 from majority).
www.theglobeandmail.com/canada/artic...
Cool case being heard on Jan 15 on what constitutes a Material Change under the Ontario Securities Act.
www.theglobeandmail.com/business/art...
www.theglobeandmail.com/business/art...
Supreme Court case to define material change could roil public markets
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...
www.theglobeandmail.com
January 2, 2025 at 3:15 PM
Cool case being heard on Jan 15 on what constitutes a Material Change under the Ontario Securities Act.
www.theglobeandmail.com/business/art...
www.theglobeandmail.com/business/art...
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...
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...
A new generation of judges is redefining what Canada’s top courts look like
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
www.theglobeandmail.com
January 2, 2025 at 2:05 PM
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...
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...
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).
Raisins are the surest way to ruin a good cookie (or really any food).
December 18, 2024 at 3:42 PM
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).
Raisins are the surest way to ruin a good cookie (or really any food).
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.
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.
December 18, 2024 at 2:59 AM
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.
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.
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...
www.theglobeandmail.com/canada/artic...
Federal Justice Minister says notwithstanding clause should ‘always be a tool of last resort’
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
www.theglobeandmail.com
December 11, 2024 at 4:08 AM
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...
www.theglobeandmail.com/canada/artic...
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
It’s written by the same ppl but it’s better than Katz
- @andrewbernstei9.bsky.social on Breakfast with Appeal
December 10, 2024 at 1:57 PM
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
It’s written by the same ppl but it’s better than Katz
- @andrewbernstei9.bsky.social on Breakfast with Appeal
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...
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
December 9, 2024 at 7:29 PM
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...
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...
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.
Pls don’t send me there.
December 9, 2024 at 2:57 PM
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.
Pls don’t send me there.
Reposted by Jeremy
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.
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.
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.
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.
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.
We need a holistic approach.
December 8, 2024 at 11:29 PM
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.
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.
Reposted by Jeremy
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.
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.
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.
We need a holistic approach.
December 8, 2024 at 11:27 PM
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.
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.
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...
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...
Globe editorial: 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
www.theglobeandmail.com
December 8, 2024 at 11:06 PM
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...
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...
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...
The motion was denied.
www.scc-csc.ca/case-dossier...
Supreme Court of Canada - SCC Case Information - Docket - 40396
Thalbinder Singh Poonian, et al. v. British Columbia Securities Commission
www.scc-csc.ca
December 8, 2024 at 11:04 PM
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...
The motion was denied.
www.scc-csc.ca/case-dossier...
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.
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.
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
www.theglobeandmail.com
December 7, 2024 at 12:45 PM
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.
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.
Today’s SCC ruling on Opioid Recovery Act - it is intra vires the provinces.
www.theglobeandmail.com/canada/artic...
www.theglobeandmail.com/canada/artic...
Supreme Court rules provinces can join B.C. in opioid damages class-action
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 ...
www.theglobeandmail.com
November 29, 2024 at 4:12 PM
Today’s SCC ruling on Opioid Recovery Act - it is intra vires the provinces.
www.theglobeandmail.com/canada/artic...
www.theglobeandmail.com/canada/artic...
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...
Ryan Alford v. Canada re: the National Security and Intelligence Committee of Parliamentarians Act.
www.scc-csc.ca/case-dossier...
Supreme Court of Canada - SCC Case Information - Summary - 41336
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
November 28, 2024 at 3:27 PM
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...
Ryan Alford v. Canada re: the National Security and Intelligence Committee of Parliamentarians Act.
www.scc-csc.ca/case-dossier...
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...
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...
Opinion | I Starred in ‘Cabaret.’ We Need to Heed Its Warning.
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
November 28, 2024 at 3:18 AM
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...
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...
Today the OCA is starting to hear the 3 day online gambling reference.
Fun fact: this is all but certain to go to the SCC because there is a right of apples.
Details and materials here: www.ontariocourts.ca/coa/decision...
Fun fact: this is all but certain to go to the SCC because there is a right of apples.
Details and materials here: www.ontariocourts.ca/coa/decision...
Reference re online gaming and international play (COA-24-CV-0185) - Court of Appeal for Ontario
The Government of Ontario has made a reference to the Court of the Appeal for Ontario, asking a question about...
www.ontariocourts.ca
November 26, 2024 at 1:25 PM
Today the OCA is starting to hear the 3 day online gambling reference.
Fun fact: this is all but certain to go to the SCC because there is a right of apples.
Details and materials here: www.ontariocourts.ca/coa/decision...
Fun fact: this is all but certain to go to the SCC because there is a right of apples.
Details and materials here: www.ontariocourts.ca/coa/decision...
The OCA has released its much-anticipated decision in Aroma.
Appeal allowed.
TLDR; the UNCITRAL model law creates an obj standard for disclosure. Parties’ subjective expectation that arbitrator would disclose an arb w same counsel was not reasonable
coadecisions.ontariocourts.ca/coa/coa/en/i...
Appeal allowed.
TLDR; the UNCITRAL model law creates an obj standard for disclosure. Parties’ subjective expectation that arbitrator would disclose an arb w same counsel was not reasonable
coadecisions.ontariocourts.ca/coa/coa/en/i...
Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc. - Court of Appeal for Ontario
coadecisions.ontariocourts.ca
November 19, 2024 at 7:13 PM
The OCA has released its much-anticipated decision in Aroma.
Appeal allowed.
TLDR; the UNCITRAL model law creates an obj standard for disclosure. Parties’ subjective expectation that arbitrator would disclose an arb w same counsel was not reasonable
coadecisions.ontariocourts.ca/coa/coa/en/i...
Appeal allowed.
TLDR; the UNCITRAL model law creates an obj standard for disclosure. Parties’ subjective expectation that arbitrator would disclose an arb w same counsel was not reasonable
coadecisions.ontariocourts.ca/coa/coa/en/i...
Reposted by Jeremy
A new report from the Canadian Judicial Council is now available on CanLII: "Guidelines on the Use of Social Media by Federally Appointed Judges" #legalcommentary zurl.co/HV87
November 18, 2024 at 11:14 PM
A new report from the Canadian Judicial Council is now available on CanLII: "Guidelines on the Use of Social Media by Federally Appointed Judges" #legalcommentary zurl.co/HV87
I promise Microsoft word that when I’m on the 3d enumerated items in a list it is not copyrighted and the fifth is not a Euro.
Just give me my (c) and (e)
Just give me my (c) and (e)
November 17, 2024 at 5:05 PM
I promise Microsoft word that when I’m on the 3d enumerated items in a list it is not copyrighted and the fifth is not a Euro.
Just give me my (c) and (e)
Just give me my (c) and (e)
This is a cool essay contest for law students.
I’m pretty sure that I was exactly the level of cool in law school that I would have entered for sure.
www.scc-csc.ca/150/index_en...
I’m pretty sure that I was exactly the level of cool in law school that I would have entered for sure.
www.scc-csc.ca/150/index_en...
150 years of the Supreme Court of Canada
The Supreme Court has planned many
activities to commemorate 150 years of history and judicial independence. We invite you to join us in
reflecting on our legacy.
www.scc-csc.ca
November 14, 2024 at 10:05 PM
This is a cool essay contest for law students.
I’m pretty sure that I was exactly the level of cool in law school that I would have entered for sure.
www.scc-csc.ca/150/index_en...
I’m pretty sure that I was exactly the level of cool in law school that I would have entered for sure.
www.scc-csc.ca/150/index_en...