Legal Insight - Current news, cases, and ideas affecting law and practice

Legal Insight
Current news, cases, and ideas affecting law and practice.

Archives : 2015

This post summarizes the sentencing of someone for breaching a bail condition that he could not lawfully comply with.

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Modified Objective Test

Higginson v. R.T.D. Enterprises Ltd. | 2012 CarswellBC 2560 | British Columbia Supreme Court

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Legal Wit — The Limits of Fairness

I do not think that it lies well in the mouth of the unsuccessful party whose evidence was found to be lacking to complain that the party opposite did a more thorough job marshalling its resources.

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Supreme Court of Canada held the lawyer’s duty to disclose clients’ records under Proceeds of Crime (Money Laundering) and Terrorist Financing Act and regulations to violate principles of fundamental justice.

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Recent Alberta case prevents employee alleging wrongful dismissal from double recovery after accepting recovery process under the ESA

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Phrase of the Week - Oh, Of Course Test

Vandal v. Cousineau | 2014 CarswellAlta 2026 | Alberta Court of Queen's Bench

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Supreme Court holds mandatory minimum sentence for firearms offence unconstitutional

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Legal Wit — Pay the Piper

We have a marvellous legal system in Ontario.

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This post summarizes a NS Court of Appeal case which affirmed that negligent investigation requires a finding that police conduct fell below an acceptable standard.

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Phrase of the Week - Organization Test

Calgary (City) and CUPE, Local 38 (Policy Grievances), Re | 2012 CarswellAlta 1446 | (Alta. Arb.)

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Recent decision which found a minor did not need a litigation guardian in order to sue a parent for child support.

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In Black & Decker Corp. v. Piranha Abrasives Inc., the Federal Court found trademark infringement on the basis of high resemblance between two marks, but dismissed allegations of passing off and depreciation of goodwill.

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