Ontario Proposes New Animal Welfare Bill to Replace OSPCA Act
The Ontario Government is currently considering Bill 136: An Act to enact the Provincial Animal Welfare Services Act, 2019 and make consequential amendments with respect to animal protection (the “Bill”). Early in 2019, a Superior Court Judge found that the previous animal welfare legislation, the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36 (the “Act”), violated the Canadian Charter of Rights and Freedoms, because it effectively deputized the OSPCA, a private not for profit organization, into a policing role. While the decision was being appealed, the OSPCA announced that it would no longer enforce ... [more] Full article
Legal Systems in Canada: Overview
The Canada Chapter of Legal Systems Global Guide was authored by Christopher Somerville and Wendy Sun, Affleck Greene McMurtry LLP. [more] Full article
Credit cards subject to provincial disclosure laws
The perennial question in Canadian law (and politics) is: is it federal or provincial? In the case of credit cards issued by banks, the answer is "both". Although banks are a federal responsibility, provincial consumer protection laws mandating disclosure of contract terms apply to banks that issue credit cards, the Supreme Court held recently in three decisions issued the same day. [more] Full article
Criminal Investigations and Cross Border Litigation Not A Bar to US Depositions
The Superior Court of Ontario recently granted an application for the enforcement of letters rogatory to take evidence of, and compel the production of documents by, two non- party Ontario residents in a consolidated multidistrict class action in the US. The Court held that the conditions for enforcement were met and, importantly, rejected the arguments of the Respondents to the application that permitting the examinations would violate the respondent’s rights against self-incrimination.... [more] Full article