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Archives : 2016

Epstein’s This Week in Family Law | Hague Convention

The appellate court overturned the decision not to return the children to Germany, a decision based on an assessment of the children’s best interests rather than on their habitual residence under the Hague Convention.

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Legal Wit - Days of Old

In days of old, masters of witty social commentary, such as Mark Twain and Ambrose Bierce, relied on a fine turn of phrase to poke humour or ridicule.

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Word of the Week | Service of process

Haymour v. Acielo (2016), 2016 CarswellAlta 1644, 2016 ABCA 251 (Alta. C.A.) at para. 33, 39 Rowbotham J.A. (Berger and Martin JJ.A. concurring)

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Digest of the Week | Evidence on appeal

The Ontario Divisional Court reviews the powers and duties of an appellate court when considering new evidence on an appeal.

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Digest of the Week – Summary Judgment Not Available When Reasonable Inquiries Should Have Been Made

This digest highlights a recent Ontario Superior Court of Justice case where the Court held that summary judgment to dismiss an action against a bank was not available when there were glaring inconsistencies in the documents submitted to the bank, and the bank should arguably have made reasonable inquiries based on these inconsistencies.

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Digest of the Week – Hearsay Evidence Inadmissible at Hearing to Determine Entitlement to and Quantum of Damages

This digest highlights a recent Federal Court of Appeal decision where the Court remitted the matter back to the lower court for redetermination of entitlement to and quantum of damages in a section 8 NOC action where the trial judge improperly relied on hearsay evidence.

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Case Notebook Survey: Efficiency through Litigation Case Analysis Technology

Litigation work is a paper-heavy process. See what users of Case Notebook had to say about efficiency both before and after Case Notebook in our Survey Findings.

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Digest of the Week | Support Animal

BC court grants complainant's application to testify with pet dog on her lap at dangerous offender hearing

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Digest of the Week | Bargaining Unit

Canada Industrial Relations Board lacked jurisdiction to certify bargaining unit of employees working for commercial manufacturer of medical cannabis

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York University and CUPE, Local 3903 (Davidson), Re (2016) 2016 CarswellOnt 120 Ontario Arbitration

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Proof of Facts | Appointment and Removal Personal Representatives

General discussion on the appointment of executors and administrators and their rights and duties in these roles.

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3 Practical Approaches for Your Firm’s Transition to Paperless

Many law firms are starting to transition to paperless. See practical approaches in the whitepaper “Selecting a Paperless Approach.”

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