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Archives : 2018

One-third share of residue that should have gone to testator’s son was to be distributed amongst applicants, his surviving children, in equal shares

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J.A.P. v. M.J.P. (2018), 2018 MBQB 1, 2018 CarswellMan 5 (Man. Q.B.)

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Employee working in offshore petroleum production was found in possession of small quantity of marijuana prior to boarding flight to offshore platform; employer had strict policy prohibiting all illegal drugs or alcohol in offshore work environment

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The British Columbia Court of Appeal does not have the jurisdiction to stay or suspend a DNA order pending appeal

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Parties had entered into clear agreement to use parenting coordinator with broad powers to assist them in parenting disputes, which was to include arbitral authority, if necessary

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DBDC Spadina Ltd. v. Walton (2018), 2018 CarswellOnt 1571, 2018 ONCA 60 (Ont. C.A.)

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Classification of Easements   By: Austin F.

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Standard caution used by Edmonton Police Service breached accused's right to counsel: Supreme Court of Canada

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Authors Bruce MacFarlane, Robert Frater, and Croft Michaelson discuss recent developments in the law of informer privilege in the forthcoming release of Drug Offences in Canada, 4th edition.

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... a fishing expedition is where one party seeks production in order to determine whether it has a case or not. The wider the net is cast with regard to the production request, the greater the likelihood that the party seeking the request is simply engaging in a fishing expedition.

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Defendants' failure to advise plaintiff of significant legal risks in pursuing plan fell squarely within exception of failure to warn where duty to warn was clear, and expert evidence of solicitor's negligence was not required

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Based on consensus of opinion of medical experts and witnesses, which was not contradicted by other medical experts, applicant did not have requisite capacity to marry respondent after accident

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