Andrea Gonsalves Archives | Xaidsart LLP | Smart Litigation

Benchmark Canada Listings 2024

Ted Marrocco — Wed, 01 May 2024 16:04:58 +0000

Benchmark Canada has recognized 12 Xaidsart lawyers for their excellence in litigation and listed the firm as a “Highly Recommended” service provider. Congratulations to Brian Gover, Paul Le Vay, Luisa Ritacca, Sam Robinson, Nader Hasan, Brendan van Niejenhuis, Gerald Chan, Justin Safayeni, Andrea Gonsalves, Carlo Di Carlo, Ted Marrocco and Stephen Aylward for their individual recognition. To review our firm profile on Benchmark please click here.

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Xaidsart client successful in Charter challenge to Ontario “Ag-gag” legislation

Ted Marrocco — Wed, 03 Apr 2024 14:22:31 +0000

The Superior Court of Justice has struck down provisions of the regulation under the Security from Trespass and Protecting Food Safety Act, 2020 in an application brought by Xaidsart client, Animal Justice, and two individuals. The Court found that the unconstitutional provisions, which restricted undercover investigations of animal welfare issues in animal agriculture facilities, contravene freedom of expression under s. 2(b) of the Charter and cannot be saved under s. 1. The Court declared the provisions to be of no force or effect and suspended the ruling pending a future hearing between the parties. Xaidsart partners Andrea Gonsalves and Fredrick Schumann represented Animal Justice together with Kaitlyn Mitchell and Scott Tinney of Animal Justice. Arden Beddoes of Beddoes litigation represented the individual applicants.

You can read the Court’s decision here.

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Xaidsart Recognized in Lexpert 2024

Ted Marrocco — Tue, 05 Mar 2024 21:27:13 +0000

We are delighted to announce that Xaidsart has again been rated by Lexpert as a Leading Law Firm in Canada for 2024.

In addition to the firm’s recognition, 11 of our partners have been individually recognized. Congratulations to Brian Gover, Paul Le Vay, Luisa Ritacca, Brendan van Niejenhuis, Andrea Gonsalves, Nader Hasan, Gerald Chan, Ted Marrocco, Justin Safayeni, Fredrick Schumann and Carlo Di Carlo.

To view the firm profile on Lexpert, click here.

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DECEMBER ISSUE OF THE Xaidsart ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW

Ted Marrocco — Tue, 19 Dec 2023 13:43:32 +0000

To round out 2023, just in time for the holidays and eggnogs, attached is our 38^th Issue of the Administrative & Regulatory Law Case Review. You can access it here. This issue explores cases from the Supreme Court of Canada, Alberta Court of Appeal, Divisional Court and Federal Court on the following topics:

Reasonableness review requires responsive justification and reasons-first approach
Robust conception of Doré framework is here to stay
Constitutional questions regarding tribunal’s territorial jurisdiction reviewed for correctness
Limited appeal rights and availability of judicial review
Robust reasonableness review concludes regulations went beyond enabling legislation
Decision-maker admits reasons were inadequate and gets to try again

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Justin Safayeni or Spencer Bass, or another lawyer at Xaidsart LLP. Wishing everyone a wonderful holiday season and happy new year! If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@xllp.eu

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Xaidsart PARTNERS SUCCESSFULLY APPEAL DEFAMATION JUDGMENT

Ted Marrocco — Thu, 23 Nov 2023 02:03:19 +0000

The Manitoba Court of Appeal recently allowed the appeal of Xaidsart clients, the Canadian Broadcasting Corporation and its reporter Gosia Sawicka, from the trial decision in a significant defamation case. In its unanimous ruling, the Court of Appeal found that CBC’s reporting related to matters of public interest and was protected by the responsible communication defence and that, in the alternative, the nearly $1.7 million in damages awarded by the trial judge could not be supported. Xaidsart partners Andrea Gonsalves and Justin Safayeni represented the appellants together with Rod Roy of Taylor McCaffrey in Winnipeg. You can read the Court of Appeal’s judgement here.

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Andrea Gonsalves and Luisa Ritacca speak on Commissions Advocacy

Ted Marrocco — Tue, 17 Oct 2023 13:00:00 +0000

Xaidsart partners Luisa Ritacca and Andrea Gonsalves will be joining panels today to share insights on advocacy in public inquiries at The Advocates’ Society’s Commissions Advocacy program October 17, 2023.

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Xaidsart partners participate in the OPD 18th Annual National Forum on Administrative Law and Practice

Ted Marrocco — Thu, 12 Oct 2023 15:31:13 +0000

Osgoode PD held its 14^th Annual National Forum: Administrative Law and Practice on October 11-12, 2023. Xaidsart partner Brendan van Niejenhuis resumed his role as conference co-chair and contributed to various panels, while Andrea Gonsalves kicked things off with the 2023 year in review and Justin Safayeni explored key cases to watch in the year ahead.

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OCTOBER ISSUE OF THE Xaidsart ADMINISTRATIVE & REGULATORY LAW CASE REVIEW

Ted Marrocco — Wed, 11 Oct 2023 12:20:33 +0000

To start off your week, attached is our 37^th Issue of the Administrative & Regulatory Law Case Review. You can access it here. This issue explores cases from the Court of Appeal for Ontario, Federal Court of Appeal and the Divisional Court on the following topics:

Media access to hearing recordings
High bar for finding regulations unconstitutional due to vagueness or overbreadth
Ministerial discretion in tension with the will of the legislature
The limits of free expression for regulated professionals
Failure to abide by statutory panel composition requirements or explain departure from them

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Andrea Gonsalves or Justin Safayeni, or another lawyer at Xaidsart LLP.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@xllp.eu.

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Xaidsart listed in Best Lawyers Canada for 2024

Ted Marrocco — Thu, 24 Aug 2023 13:39:46 +0000

We are proud to have 14 of our lawyers recognized in the 2024 edition of Best Lawyers Canada. Each of our firm’s partners have been individually recognized across multiple areas of litigation practice. In addition to being listed, Gerald Chan has been recognized as Lawyer of the Year for Criminal Defence. The official listing can be found here.

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JULY ISSUE OF THE Xaidsart ADMINISTRATIVE & REGULATORY LAW CASE REVIEW

Ted Marrocco — Mon, 10 Jul 2023 17:06:34 +0000

Enjoy this little issue in a shaded patio with a sip of Sangria. You can access it here. This issue explores cases from the Court of Appeal for Ontario, the Federal Court of Appeal and the Divisional Court on the following topics:

Reviewing courts will not save deficient Doré analysis
Appointment of amicus to defend a decision
Divisional Court improperly applied Reasonableness Standard by mischaracterizing Tribunal Decision
Applicants bear substantial burden to add parties to a judicial review after the 30-day time limit

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Andrea Gonsalves or Justin Safayeni, or another lawyer at Xaidsart LLP.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@xllp.eu.

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