This introduction is being written just after the death of Justice Antonin Scalia, perhaps the most famous conservative judge on the U.S. Supreme Court. The likely highly politicized process to replace Justice Scalia, which may be delayed until after the next U.S. presidential election, demonstrates the value of a non-politicized judicial appointment process. While one might argue that the appointment process for superior court and appellate judges in this country leaves something to be desired, it certainly has its benefits compared to our neighbour.
This month's netletter features summaries of appeals from January dealing with auditor's liability, the definition of “promoter” for liability under the Securities Act, the role of case management judges in defining common issues in class actions, when employees can contract out of workers' compensation rights and the confidentiality of undertakings provided under the Investment Canada Act. This month's author, Angus McKinnon, also provides his very interesting and informative list of the top five native tree species in Ontario's history. As we move closer to March, I am reminded of the glory of the maple tree and the syrup we derive from it.
Brian Radnoff
Editor and Chair, Appellate Practice Group