Lawfare: When Law Courts Become Political Battlefields
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.
Leave a rating/review for this podcast with one click
Contact Us
Gardiner Roberts website | Gavin email | Stephen email
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.
Leave a rating/review for this podcast with one click
Contact Us
Gardiner Roberts website | Gavin email | Stephen email
Previous Episode
Disney vs. The Doctor: A Case of Arbitration and Tragedy
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
Next Episode
Can a lawyer represent a client without being tainted by association?
Gavin Tighe and Stephen tackle the controversial case of a Manitoba NDP MLA and criminal lawyer, Mark Wasyliw, who was expelled from his party due to his law firm’s association with Peter Nygard’s defense.
They explore complex issues around the role of criminal defense lawyers, the implications of practicing law while in political office, and the fundamental principles of justice and advocacy.
Is the NDP’s decision a matter of political morality, or a threat to the independence of the justice system?
Listen For:
03:04 - Mark Wasyliw: A Criminal Lawyer in Manitoba's NDP
04:47 - Nygard's Case: Guilt by Association?
17:18 - The Injustice of Silencing Advocates
28:48 - When Politicians Interfere: An Apology with a Catch
Leave a rating/review for this podcast with one click
Contact Us
Gardiner Roberts website | Gavin email | Stephen email
Beneath the Law - Lawfare: When Law Courts Become Political Battlefields
Transcript
Gavin Tighe (00:00):
This case is a great example of why those clauses are necessary. They are clauses designed to avoid the very lawfare that this case is an example of which is individuals who decide to, for lack of a better word, hijack the democratic process to try to insert their minor
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