July 14th, 2017
On July 13, 2017, the Divisional Court dismissed an application for judicial review brought by two researchers against University Health Network. Eric Hoaken and Larissa Moscu represented UHN.
In 2016, after a lengthy investigation, an independent investigation committee at UHN concluded that the applicants had committed research misconduct by failing, over a period of approximately eight years, to comply with prevailing scientific standards in connection with published scientific papers of which they were senior authors. This conclusion was upheld following an internal appeal, and the applicants then sought judicial review on the basis that there were a number of procedural and substantive flaws in the investigation, the resulting report of the investigation committee, and the internal appeal decision.
On judicial review, the Court rejected each of the applicants’ arguments and confirmed that, in light of the evidence, it was reasonable for the investigation committee to find that the applicants had engaged in research misconduct. The Court also agreed that sanctions imposed against the applicants were reasonable. The Court’s decision confirms that leading research institutions like UHN are entitled to have and impose high standards for the integrity and rigour of research conducted within their walls. Read a copy of the decision here: Asa v. University Health Network 2017 ONSC 4287 – Div. Court File No. 018_17
June 28th, 2017
Valerie Quintal comments on considerations that in-house counsel should take into account when deciding whether to pursue international arbitration or when drafting arbitration clauses in their international contracts. To read the full article, click here: New Rules in Neutral Territory
June 15th, 2017
On May 25, Terry O’Sullivan acted as the Master of Ceremonies for the 14th Annual Spring for Peace fundraiser of Peacebuilders International. Peacebuilders is a restorative justice and youth court diversion program which has enjoyed enormous success in Toronto. The evening was attended by approximately 400 people and raised tens of thousands of dollars for this worthwhile endeavour.
June 13th, 2017
Paul Fruitman comments on the intersection of settlement privilege and the rights of residential school survivors. To read the article, click here. http://canadianlawyermag.com/legalfeeds/3849/settlement-privilege-at-heart-of-recent-indian-residential-school-survivors-appeal.html
June 13th, 2017
Paul Fruitman writes about the frailty of witness memory in the Summer Edition of The Advocates’ Journal. To read the article, click here. Article