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Archives : 2017

Sample Family Legal Memo | Matrimonial Home

In terms of the net proceeds of sale of the matrimonial home, what deductions will the wife be entitled to claim? See sample legal memo.

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Epstein’s This Week in Family Law | Valuation date

According to the husband, the parties separated three years earlier than the wife had claimed – after finding that they shared a bed at least one week a month and had sexual relations from time to time, as well as other indications, the court agreed with the wife and set the valuation date accordingly.

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WeirFoulds Estates & Trusts Newsletter | Doctrine of Rectification

In Canada v. Fairmont Hotels Inc., the Supreme Court of Canada narrows the scope of the doctrine of rectification

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Police Powers | Racial Profiling

The Ontario court held in R. v. Simpson that racial profiling by customs agents may constitute a Charter violation

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Milligan's Criminal Law Advisor | Change in Jeopardy

Ontario Court of Appeal holds that an accused’s statement should not have been admitted because there had been a change in jeopardy warranting another consultation with counsel

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Legal Wit -

One does not undertake to reorganize the aquarium

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CED:  An Overview of the Law — Mines and Minerals: Ownership

This post provides an overview of the principles of ownership of minerals in western Canadian law. Topics covered include private ownership, Crown ownership, Indigenous ownership, and title.

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News and Views | Authorization to Intercept Private Communications

Ontario Court of Appeal upholds authorization to intercept private communications as valid

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Word of the Week | Proportionality

Condominium Corp. No. 311443 v. Goertz (2016), [2016] A.J. No. 1195, 2016 ABCA 362, 2016 CarswellAlta 2202 (Alta. C.A.) at para. 49 McDonald, Bielby and Wakeling JJ.A

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Digest of the Week | Functions of Judge and Jury

The Ontario Court of Appeal found that the trial judge properly instructed the jury on the fact that it was the trier of facts and clearly instructed the jury on legal issues such as the difference between negligence and error in professional judgment, and the onus of proof.

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Digest of the Week |  Bail Hearing

Ontario Court of Appeal holds that Gladue factors are applicable to bail hearings

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Digest of the Week | Meaning of

The British Columbia Supreme Court discusses how to interpret "survive ... by five days" in the Wills, Estates and Succession Act.

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