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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.
30 Episodes
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From defamed to victorious: A mortgage manager’s triumphant battle.In this episode, Gavin and Stephen discuss a case where the plaintiff, accused of fraudulently processing mortgages, was blackballed within the banking industry due to a defamatory alert. The court found the bank's defenses of justification and qualified privilege unconvincing, leading to significant damages, including punitive damages for the bank's reckless disregard of the truth. This case underscores the importance of care...
Weighing justice and prejudice in the Weinstein case reversal.In this episode, Gavin and Stephen explore the controversial overturning of Harvey Weinstein's conviction. They explore the nuanced and often polarizing landscape of legal standards, particularly focusing on the balance of evidence and the dangers of prejudicial character evidence in sexual assault cases. They discuss the implications of Weinstein's case on the #MeToo movement, the role of similar fact evidence, and how past behavi...
Judicial appointments spark controversy. In this episode, Gavin and Stephen dive into the contentious debate surrounding the political nature of judicial appointments in Ontario. They discuss Ontario Premier Ford's candid remarks on crime and bail, the inherent political process of selecting judges, and the criticisms leveled against this system. Addressing everything from the role of laypeople in judicial committees to the independence of the judiciary post-appointment, the hosts argue that ...
It's a constitutional showdown. Gavin and Stephen discuss into the implications of the 14th Amendment of the U.S. Constitution, particularly in light of recent events including the January 6th riots and legal actions concerning former President Donald Trump. They explore the historical context and application of the amendment, especially Section 3, which pertains to insurrection and its consequences for political participation. The conversation also explores a recent legal decision from Color...
Hockey, scandal, and the law.Gavin, Stephen, and guest Lad Kucis review a controversial case that’s made headlines across the Country. It involves former members of the Canadian World Junior Championship hockey team, now facing criminal charges for an alleged sexual assault that occurred six years prior. Amidst the legal discourse, the conversation critically examines the interplay between civil settlements and subsequent criminal proceedings, the impact on the accused players' careers, and t...
An ATV, a tragic turn, and a court decision that changed everything.Hosts Gavin and Stephen, dive into the Ontario Court of Appeal's ruling on de Roche v McInnis. The case unravels the duty of care owed not just by drivers, but by vehicle owners, accentuating the utmost importance of insurance and proper training. They reflect on the broader implications for owners of recreational vehicles, the devastating consequences of negligence, and the workings of statutory interpretation, emphasizing t...
The Supreme Court of Canada has really stirred the pot this time. The issue is whether mandate letters should be subject to disclosure. Mandate letters are instructions or views given to cabinet ministers by the leader of a government. Sparked by CBC News' request for one collection of letters from 2018, the legal battle questioned their confidentiality. Ultimately, the Supreme Court reversed lower court rulings, emphasizing the importance of cabinet confidentiality for democracy and ef...
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 ...
2In this episode Gavin and Stephen discuss the recent decision by the federal court on the challenge to the constitutionality and legality of the federal government's decision to invoke the Emergencies Act in response to the trucker convoy protest in Canada. They argue the protest was non-violent and did not pose a threat to the security of Canada, making the use of the Emergencies Act unreasonable and ultra vires of the federal government. They also express concern about the potential for dam...
In this episode we’re unwrapping the tale of the Banker’s Sandwich Scandal.You might have read the headlines. Szabolcs Fekete, a financial crime expert at Citibank was fired by the bank after claiming a two-sandwich lunch on expenses. He’d claimed he ate one sandwich for lunch then ate the second for dinner. But under closer scrutiny he admitted he had travelled with a partner and the second sandwich was for them.But is firing the right price for this deception? Seems a high cost for a low pr...
Have former US President Donald Trump’s legal battles exposed biases within the Us judicial system?How do you think the election of judges affects their impartiality and the perception of justice in the US?How does public confidence in the judiciary impact the overall health of a democracy?In this episode, Gavin and Stephen would argue YES to all of the above. And they argue the American judicial system may not survive the divisive political climate.Listen For1:16 Trump’s Exclusion from...
Gavin and Stephen discuss the intersection of law and sports, specifically focusing on incidents in hockey where players have been criminally charged or sued for their actions on the ice. There have been high-profile cases, such as those involving NHL players Dino Ciccarelli, Marty McSorley, and Todd Bertuzzi, who were all charged with assault for their actions during games. They also discuss a recent case in England where a player was charged with involuntary manslaughter after his ska...
In this episode Etobicoke Centre MP Yvan Baker discusses gun control in Canada and the US. Baker says government regulation is important in controlling firearms, but the debate is ongoing. Baker explains that Canada has traditionally had more restrictive gun laws than the US, but there is a growing desire for stronger action to prevent serious gun crimes. He mentions recent measures such as the banning of about 1500 models of assault-style firearms and the introduction of red flag and yellow ...
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...
Let’s dive into a controversial issue. How about gender identity and the role of parents and schools in Canada?New policies by the governments of New Brunswick and Saskatchewan, require parental consent for children under 16 to use different gender identity pronouns.In this episode Gavin and Stephen highlight the legal and political implications of these policies, including a recent decision by the Saskatchewan Court of King's Bench to issue an injunction against the policy. They also discuss...
A recent decision by the Law Society against the firm Diamond and Diamond spotlights a pivotal aspect of law firm marketing, particularly within the personal injury sector.Gavin and Stephen dissect the case of Jeremy Diamond, a lawyer who facing penalty from the Law Society for misleading advertising. His firm was caught making false claims regarding their services and expertise. This episode also touches on the broader implications exploring how the Law Society tribunal’s decision sheds ligh...
Gavin and Stephen discuss the implications of digital footprints and privacy in the context of law and technology. Every action online leaves a digital footprint, which can be used in legal cases to determine when a document was created. They also discuss the issue of privacy in the workplace, particularly when employers provide devices like phones or computers to their employees. There was one case where teachers were disciplined for their private messages on a school-provided computer...
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.Leave a rating/review for this podcast with one clickGuest: May War...
Jordan Peterson’s clash with the College of Psychologists of Ontario has been controversial to say the least. In this episode, Stephen and Gavin highlight the profound ability to misunderstand argument, position, and opinion for a belief – and the growing divide in society when it comes to viewpoints and tolerance for alternative perspectives. Where does the balance lie between defending freedom of speech and maintaining professional conduct within the adversarial system?Leave a rating/review...
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...
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