Insider

As I listened to [the defendant] attempt to explain his theory I found it hard not to feel that I was being invited on a trip down the rabbit hole:  "When/use a word," Humpty Dumpty said, in rather a scornful tone, "it means just what I choose it to mean - neither more nor less.

This digest highlights a recent British Columbia Court of Appeal decision where the Court dismissed an appeal from an application allowing a director to bring a derivative action, finding that whether the derivative action was in the best interests of the company was a matter properly determined at trial.

After the sixteen-year-old street racer had collided with a cyclist and pleaded guilty to dangerous driving causing death, Ontario’s Court of Justice imposed a sentence that included 7 months open custody, 3½ months community supervision, 1 year probation and a 5-year driving prohibition.

Employee who did not know his position had been reclassified removing his entitlement to overtime pay, but who had been paid overtime for overtime worked, could keep the amounts paid.

Adekayode v. Halifax (Regional Municipality) (2015) 81 C.H.R.R. D/257, 2015 C.L.L.C. 230-025, 2015 CarswellNS 580 Nova Scotia Human Rights Commission

Recent Ontario Superior Court of Justice case in which the husband’s pleadings were struck for failure to provide full financial disclosure.

  If people put as much effort into making disclosure as they do preparing costs submissions — perhaps they could have avoided having to make cost submissions.

This digest highlights a recent Federal Court decision where the Court dismissed an application to prohibit issuance of a Notice of Compliance because the applicant failed to establish that promised utility of untested compounds would have been soundly predicted by a person of skill.

This sample legal memo discusses how long "as soon as practicable" is within the meaning s.254(3).

Litt v. Gill (2016), 2016 CarswellBC 1817, 2016 BCCA 288 (B.C. C.A.) at para. 53 Garson J.A. (Saunders and Fitch JJ.A. concurring)

Based on findings that defendant had knowledge of the action against them, motion judge properly dismissed application to set aside default judgment.

Recent decision in which the judge appointed a litigation guardian to represent the interests of a transgender child.