Beneath the Law
Stories and Strategies
If “No One is Above the Law,” then everyone is beneath it. Beneath the Law is a frank discussion between two lawyers who have lived and breathed the legal system in Canada for over 30 years.
In this podcast hosts Stephen Thiele and Gavin Tighe of Gardiner Roberts, examine the arguments made in some highly contentious, and public cases, with a focus on the intersection between law and politics and where courtrooms become part of the political arena. In each episode Beneath the Law digs into interesting and current legal topics or legal battles and provides insight and commentary on the law and its application in our society.
Law is at its core the expression of the fundamental framework of any organized society – it is the fine print of the social contract. Courts play a fundamental role in any democracy, getting underneath the surface and beneath the law requires an understanding of not only what courts are doing but why.
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Top 10 Beneath the Law Episodes
Goodpods has curated a list of the 10 best Beneath the Law episodes, ranked by the number of listens and likes each episode have garnered from our listeners. If you are listening to Beneath the Law for the first time, there's no better place to start than with one of these standout episodes. If you are a fan of the show, vote for your favorite Beneath the Law episode by adding your comments to the episode page.
Lawfare: When Law Courts Become Political Battlefields
Beneath the Law
09/24/24 • 27 min
Are the courts becoming the new political battlegrounds?
Gavin and Stephen dive into the concept of "lawfare"—the weaponization of the legal system for political gain.
Focusing on the Ontario Place redevelopment case, they explore the delicate balance between democratic governance and the courts' role as a check on power.
As they reflect on the nostalgic past of Ontario Place, the hosts tackle complex legal issues like standing in litigation, the public trust doctrine, and the broader implications of challenging government decisions in court.
Listen For:
05:11: Ontario Place: A brief history of its rise and fall
09:34: Standing in court: Who has the right to sue?
19:58: Lawfare in action: How Ontario Place’s redevelopment became a battleground
23:01: The “public trust” doctrine: A failed legal argument
A Practical Guide to the Law of Defamation. ow.ly/Wnml50T6Zbe - This book offers guidance on current and developing defamation law in Canada. It lays out prominent cases, prevalent legal principles and more.
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Contact Us
Gardiner Roberts website | Gavin email | Stephen email
10/29/24 • 22 min
What happens when a water gun incident lands someone in court?
Gavin and Stephen dive into the bizarre case of a 63-year-old woman charged with assault for spraying her neighbour with a water gun.
What initially appears to be a ridiculous legal issue turns out to have deeper, darker undertones involving allegations of racism and long-standing neighbourhood animosity.
The unintended consequences of being criminally charged, from legal fees to job suspension, to the use of valuable court resources on trivial disputes.
Listen For:
02:36 Assault with a weapon... or a joke gone too far?
09:02 What makes an act criminal? Legal definitions explained
16:15 Legal aftermath: What happens if the charges are dropped?
21:02 Good fences make good neighbors... or do they?
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Contact Us
Gardiner Roberts website | Gavin email | Stephen email
Exploring the Grey Areas: Tenant vs Guest in Airbnb Rentals
Beneath the Law
09/26/23 • 30 min
There’s a clear regulatory gap in the world of temporary rentals like Airbnb’s. Long-term Airbnb stays face challenges which is clear from a recent Toronto Star story. A couple from Switzerland booked a 10-month Airbnb stay in midtown Toronto. Everything seemed fine with the couple settling in and getting along well with the landlord. Then things took a turn when the landlord wanted the property back due to a family emergency.
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Guest: May Warren, Toronto Star
Email | X
Contact Us
Gardiner Roberts website | Gavin email | Stephen email
Is an Emoji Legally Binding? 👍
Beneath the Law
08/29/23 • 23 min
Emojis... widely used in digital communication to convey emotions, actions, or ideas, haven’t typically been universally recognized as legally binding symbols in formal contracts or agreements. Until now.
A recent decision at the Court of King’s Bench for Saskatchewan found the thumbs-up emoji (👍) constituted acceptance of a contract to sell 87 metric tonnes of flax. The damages ordered to be paid were $82,000.
It may be unconventional but it was legally binding.
Gardiner Roberts website https://www.grllp.com/
Email Gavin Tighe [email protected]
Email Stephen Thiele [email protected]
Understanding Canada’s Online News Act
Beneath the Law
08/15/23 • 35 min
Months ago, proponents of Bill C-18, the Online News Act, dismissed warnings from Meta and Google, believing their threats to remove news links from their platforms were mere bluffs. But inevitable has occurred with Meta taking action recently by actively blocking news links and sharing on Facebook and Instagram.
The situation appears dire, leaving little hope for resolution. In this episodes Canada’s leading legal expert on this topic, Michael Geist explains what’s happened and if there’s a possible disentanglement for this mess.
Guest: Michael Geist
Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law.
https://www.michaelgeist.ca/
Read Michael’s blog on Bill C-18
Listen to Michael’s podcast Law Bytes
Gardiner Roberts website https://www.grllp.com/
Email Gavin Tighe [email protected]
Email Stephen Thiele [email protected]
Are the Charges Against Donald Trump Politically Motivated?
Beneath the Law
04/19/23 • 38 min
In late March 2023, a Manhattan grand jury indicted former US President Donald Trump on more than 30 counts related to business fraud.
Sounds ominous. Is it though? Is a grand jury truly... Grand?
A Judge in New York once said a prosecutor could indict a ham sandwich in front of a Grand Jury because the process is designed to do the prosecution’s bidding.
In this first episode of Beneath the Law, Canadian lawyers Gavin Tighe and Stephen Thiele examine what the charges really mean, what the grand jury process is really about, and how these legal proceedings might spill into political impacts.
Is it time for just desserts? Or ham sandwiches?
Gardiner Roberts website https://www.grllp.com/
Email Gavin Tighe [email protected]
Email Stephen Thiele [email protected]
Disney vs. The Doctor: A Case of Arbitration and Tragedy
Beneath the Law
09/10/24 • 31 min
Are you aware of the hidden dangers lurking in your restaurant orders and online agreements?
In this episode, Gavin and Stephen discuss a tragic case involving a fatal food allergy at a Disney Springs restaurant.
They dive into the legal complications that arose, particularly focusing on Disney's controversial attempt to force the case into arbitration based on a seemingly unrelated online agreement.
The discussion highlights the broader implications of clicking "I agree" without understanding the potential legal consequences. Tune in to hear how this case unfolded and the lessons it offers about food safety and legal agreements.
Listen For:
02:29 - Tragic Allergy: A Fatal Dinner at Disney Springs
09:27 - Wrongful Death Claims: Surprising Low Damages
17:52 - Arbitration vs. Court: The Hidden Costs
22:15 - Contracts of Adhesion: The Click That Binds You
A Practical Guide to the Law of Defamation. ow.ly/Wnml50T6Zbe - This book offers guidance on current and developing defamation law in Canada. It lays out prominent cases, prevalent legal principles and more.
Leave a rating/review for this podcast with one click
Contact Us
Gardiner Roberts website | Gavin email | Stephen email
02/20/24 • 29 min
Gavin and Stephen discuss a defamation case involving a social media influencer in Edmonton, Alberta. The influencer, Rosemary, had a falling out with a couple, leading to a series of defamatory posts about them on her Instagram account. The court found in favour of the couple, awarding the female plaintiff $50,000 and the male plaintiff $75,000.
This highlights the importance of being careful about what you post on social media, as defamation can lead to significant legal consequences. They also discuss the challenges of applying old defamation laws to new technology and the changing nature of media.
Listen For
1:54 There’s Been a Seismic Shift in Defamation Law Due to Social Media
3:04 Challenges in Applying Traditional Law to New Technology
4:56 The Role of Social Media Influencers in Defamation
11:08 The Difficulty of Enforcing Defamation Judgements
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Contact Us
Gardiner Roberts website | Gavin email | Stephen email
11/21/23 • 39 min
Tom Hanks has warned his fans about a circulated AI-generated ad featuring him, clarifying he had nothing to do with the ad.
Megan Fox has had issues with Lensa’s Magic Avatars, a popular AI art tool that creates stylized portraits based on user-submitted photos.
Stephen Spielberg has expressed his nervousness about the impact of AI on the future, particularly its potential to replace human creativity in art.
And before his passing, Stephen Hawking went one step further voicing his concerns that advanced AI might one day replace humans altogether.
In the legal world, there’s a battle emerging in which legal systems globally are trying to keep pace with artificial intelligence.
US President Biden recently issued an executive order underlining the need for effective regulatory translation when it comes to AI.
Alfredo Esposito is an Italian lawyer with a focus on intellectual property and digital rights. What he sees is the legal system just can’t keep up with the whirlwind of technological advancements, specifically in AI and property rights.
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Listen For:
0:19 Ownership and Regulation of AI
4:10 European Context of Copyright Law and AI
6:11 Legal Protection of Voice and Image
23:47 Global Enforcement and Human Rights
Guest: Alfredo Esposito
LinkedIn | Facebook | Instagram | X
Alfredo’s online articles
Contact Us
Gardiner Roberts website | Gavin email | Stephen email
Is Toronto's Homelessness Crisis Out of Control?
Beneath the Law
11/12/24 • 31 min
Are Toronto’s homeless encampments pushing the city to its breaking point?
Gavin and Stephen sit down with Dana McKiel, former sports broadcaster and founder of Toronto's Downtown Concerned Citizen Coalition (DCCO).
McKiel offers a firsthand look at the challenges faced by Toronto's downtown residents, highlighting the rise of homelessness, makeshift camps, and their significant impact on the community.
They discuss the city’s evolving response, from controversial "homeless hotels" to facilitated public encampments, questioning the effectiveness of current policies.
Listen for:
04:42 Homeless Hotels & Pricey Contracts
10:18 Explosions & Danger in Public Parks
19:21 Encampment “Whack-a-Mole”
24:29 Tourists & Homeless in the Same Hotel?
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Connect with guest: DANA MCKIEL, Founder Downtown Concerned Citizen Coalition
LinkedIn
Contact Us
Gardiner Roberts website | Gavin email | Stephen email
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FAQ
How many episodes does Beneath the Law have?
Beneath the Law currently has 77 episodes available.
What topics does Beneath the Law cover?
The podcast is about News, Lawyer, Political, Court, Canada, Law, Legal, News Commentary, Justice, Podcasts and Politics.
What is the most popular episode on Beneath the Law?
The episode title 'Libel, Lies, and Lawsuits: Dong vs. Global News' is the most popular.
What is the average episode length on Beneath the Law?
The average episode length on Beneath the Law is 32 minutes.
How often are episodes of Beneath the Law released?
Episodes of Beneath the Law are typically released every 13 days, 23 hours.
When was the first episode of Beneath the Law?
The first episode of Beneath the Law was released on Apr 19, 2023.
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