HomeAuthor Archives: Asher Honickman (page 6)

Author Archives: Asher Honickman

Contingency Fees and the Rule of Law

In today’s The Hill, Professor Lester Brickman discusses the class action lawsuit brought against BP in respect of the 2010 oil spill. Professor Brickman argues that the BP suit is representative of a larger trend in American class action litigation whereby the plaintiffs’ lawyers are hired on a contingency fee basis and end up reaping enormous sums from the settlement. ...

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Looking for Rights in the All the Wrong Places: A Troubling Decision from the Supreme Court

Earlier this month this Supreme Court of Canada held that there is a blanket constitutional right to access the civil courts. The decision in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General) did not make huge headlines when it was released on October 2, but it probably should have. The Supreme Court has done something truly unprecedented in ...

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More MPs Means Fewer Trained Seals

This article originally appeared in Huffington Post Canada   When the Conservatives were in opposition, they frequently chastised the governing Liberals for ruling their backbencher MPs with an iron fist. Most if not all votes were whipped, which meant that, in a majority government, the position of the Prime Minister and his inner Cabinet invariably became the law of the ...

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Court Confirms Two Years Means Two Years

Mr. Justice Bielby of the Ontario Superior Court of Justice in Guelph has confirmed that the Limitations Act, 2002 means what it says. In Slack v. Bednar, the plaintiff suffered a spinal fracture in a ski accident and required surgery. The accident occurred on March 18, 2006 surgery was performed nine days later on March 27. During the course of ...

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Supreme Court Alters the Balance of Power Between Labour and Business

On June 27, 2014, the Supreme Court released a decision that will affect every employment relationship across Canada.  In United Food and Commercial Workers, Local 503 v. Wal Mart Canada Corp., a 5-2 majority of the Court held that an employer – in this case Wal-Mart – is prohibited from permanently shutting down its business during the collective bargaining process, unless it ...

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The Living Fiction: Reclaiming Originalism for Canada

This Article was published in the Autumn 2014 edition of the Advocates’ Quarterly1   Eighty-five years ago this October, the Judicial Committee of the Privy Council handed down its decision in Edwards v. Attorney-General for Canada, in which it held that “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural ...

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How to Reform the Senate Without a Constitutional Amendment

(This article originally appeared in The Huffington Post Canada) The Supreme Court of Canada’s recent decision in Reference Re Senate Reform has irked a great many Canadians who had hoped that our highest court would bless democratic reform in the Red Chamber. On virtually every question before it — from term limits to democratizing the selection process — the Supreme ...

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