Litigation Archives : 2015

Legal Wit — A Hornet's Nest

This motion highlights the relative sanctity of a consent order.

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Legal Wit — 90% Perspiration

No counsel should draft a pleading without reading the appropriate rules on pleadings each time before they draft the pleading.

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Aetna Financial Services Ltd. v. Feigelman | 1985 CarswellMan 379 | Supreme Court of Canada

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Legal Wit — Costs For Everyone!

Both parties have declared victory, the appellant because he obtained a new hearing on sanction and the respondent because it was successful on eleven of the twelve points raised, including five allegations of professional misconduct.

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Carter v. B.C. Federation of Foster Parents Assn. | 2005 CarswellBC 1854 | British Columbia Court of Appeal

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R. v. British Columbia (Attorney General) | 1923 CarswellNat 3 | Judicial Committee of the Privy Council

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Legal Wit — New Career Options For Santa

I have reviewed the affidavit of service and I must say that I have grave doubts as to its accuracy.

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Legal Wit — Brevity is the Soul of . . .

I do not regard the length or thickness of the evidentiary and rhetorical record as necessarily revealing much, because a great volume of material may actually indicate that the lawyers spent too little time preparing the matter.

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Discover the exclusive legal memoranda collection on westlaw Canada. Request a sample legal memo to see how it can help you with your legal research and save you valuable time.

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This post summarizes a BC case in which a defamation suit was dismissed for unreasonable delay causing significant prejudice to the defendants.

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Legal Wit — Declining to Take a Smell

The witness said that the odor was "peculiar perfumy odor.

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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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