Lerners’ Appeals Group was founded on the motto “he who wins last, wins”. Earl A. Cherniak, Q.C., our partner and mentor who coined the phrase, has provided one of its clearest illustrations in Groia v. Law Society of Upper Canada, 2018 SCC 27 which the Supreme Court of Canada released on June 1st, 2018. Earl’s win for his client in this landmark case is the culmination of a legal saga that began in 2009, with the Supreme Court ultimately vindicating the position that was previously rejected at four levels of hearing (albeit with a strong dissent in the Court of Appeal).
June also saw a number of interesting decisions from the Court of Appeal. The top 5, as selected by this month’s Netletter author, Cynthia Kuehl, deal with the interpretation of an agreement dating back to 1906, the granting of summary judgment based on an expired limitation period, the eligibility criteria for the Ontario Interactive Digital Media Tax Credit, a parent’s request for access under the Freedom of Information and Protection of Privacy Act to files of the Children’s Lawyer, and whether the court can set aside a transaction to enable a party to enjoy an intended tax benefit.
On the lighter side, Cynthia has also compiled her top 5 reasons why you should listen to hip hop (and rap).
We don’t do a Netletter in August, so enjoy the rest of the summer and we’ll be back in September.
Stuart Zacharias
Editor and Chair, Lerners Appeals