Brian Radnoff, Commercial Litigation Lawyer, provides his
opinion on Canada's newest Supreme Court Judge Marc Nadon.
In Radnoff's view, Justice Nadon is an excellent candidate.
"I had the opportunity to appear before Justice Nadon while he
was sitting on the Federal Court Trial Division. I am certain he
will be a valuable addition to the Supreme Court," says
Justice Nadon will be replacing Justice Morris Fish of Quebec,
the recently retired Liberal appointee who has advocated for the
rights of accused people. The Globe and Mail notes that Nadon's
appointment will complement the conservative nature of the
Radnoff expresses that "Justice Nadon and Justice Fish have
very different backgrounds, so it is difficult to compare the
two...Justice Fish had more of a criminal background and was
thought to be more sympathetic to individual rights. It has been
assumed that a judge from a different background would be less
sympathetic to individual rights and particularly the rights of
defendants in criminal cases. Any such assumption is pure
speculation as one's background is not the only relevant factor
in how one approaches the law."
While Radnoff does not question Justice Nadon's ability or
credentials, he believes that the appointment raises questions
about the age of judges appointed to the court, as well as gender
equality in the high court. "First, he is reported as being
supernumerary, which means he no longer sits full time. This is
normally a step judges take before they are about to retire. He is
also 64, meaning he is only 11 years from mandatory retirement. It
is odd that the government would appoint someone who is older and
near retirement when this was not necessary," says Radnoff.
"Second, there should be better gender balance on the court
and there is no shortage of qualified female candidates. I would
have preferred an appointment that gets the court closer to gender
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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