Insider

Archives : 2015

Legal Wit — If a Tree Falls . . .

If a tree is cut down in the forest, and a judge hears about it, who owns that tree? This is a contest, under s.

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Is s. 88.1 of Alberta's Traffic Safety Act, which mandates a temporary license suspension until alcohol related charges are resolved, constitutional?

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In Reckitt Benckiser LLC v. Jamieson Laboratories Ltd., the Federal Court applied the tri-partite test and granted an interlocutory injunction to restrain Jamieson from selling essentially the same product into the same channels as Reckitt Benckiser’s registered trademark.

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Phrase of the Week - Plain View Doctrine

Lake Ontario Cement Ltd./Ciment Lac Ontario Ltée v. Canada (Director of Investigation & Research) | 1990 CarswellNat 769 | Federal Court of Canada

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Legal Wit — But Everybody Does It!

Proof beyond a reasonable doubt requires a high degree of proof, but it does not demand certainty.

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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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Recent decision which dealt with the use of illegally obtained evidence and hearsay in a high-conflict custody dispute.

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Phrase of the Week - Magic Number Test

Wrzesnewskyj v. Canada (Attorney General) | 2012 CarswellOnt 12998 | Supreme Court of Canada

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Legal Wit — Live and Learn . . . or Not

[The accused] is obviously pretty articulate.

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This post looks at Ontario landlord and tenant law, focusing on tenancy agreements, financial issues like security deposits, post-dated cheques and automated payments, the validity of “no pets” clauses, and assigning and subletting.

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This post summarizes Elmardy v. Toronto Police Services Board, a case in which the Toronto Police illegally detained and violated the Charter rights of the plaintiff.

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Ontario Court of Appeal finds Rule 53.03 disclosure requirements apply only to expert witnesses retained by parties.

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