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Monday, June 21, 2021 @ 2:23 PM

Interaction with police entails rights, responsibilities Scared man with cell phone

Protecting public safety through highway traffic enforcement give police broad powers of detention and even search. A vehicle on a highway can be stopped to check the driver’s sobriety, licence, insurance, ownership or vehicle fitness. With reasonable suspicion the police can perform warrantless searches involving open alcohol, breath testing, open cannabis, vehicle fitness, and more. Driving is a privilege and part of that privilege is a reduced expectation to be free from stop or certain kinds of search. It is a highly regulated activity, especially when it is carried out on public roads where the safety of others may be affected. ... [read more]

Monday, June 21, 2021 @ 1:56 PM

‘She’s a glutton; she gets nutt’in’’ Hands holding jigsaw puzzle pieces with picture of money on them

In Hall v. Hall [2021] B.C.J. No. 527, the parties married in 1992, had a child in 1999, separated in 2014 and divorced in 2016. In 2015, counsel drafted a separation agreement. In 2018, with the child no longer a child of the marriage, the wife sought to vary spousal support retroactively. It was disclosed that the husband had a substantial boost in income in 2018 due to the payment of stock options. ... [read more]

Monday, June 21, 2021 @ 1:23 PM

Appeal of certification and unique role of province in hydroelectric project Hydroelectric damn

Newfoundland and Labrador’s Court of Appeal has granted an appeal by the Province of Newfoundland and Labrador from the certification of a proposed class action against it, arising from flooding of the Churchill River in May of 2017 (Chiasson v. Nalcor Energy 2021 NLCA 34). The flooding, which required emergency evacuation and caused damage to properties in the impacted area of Mud Lake, was alleged to be caused by the impact of construction of the Muskrat Falls hydroelectric generating project on the Churchill River. ... [read more]

Monday, June 21, 2021 @ 8:19 AM

Dichotomy of Canada’s role in Yemen Light armoured vehicles

The dichotomy of Canada’s involvement in Yemen can be summed up aptly by Cesar Jaramillo, executive director of Project Ploughshares: “it’s a bit like helping pay for somebody’s crutches after you’ve helped break their legs.” Yemen is currently suffering from one of the world’s largest humanitarian crises. The current conflict has its roots in the 2011 Arab Spring, wherein longtime authoritarian President Ali Abdullah Saleh was ousted in favour of his deputy, Abd-Rabbu Mansour Hadi. The Houthi movement, representing the country’s Shia Muslim minority, had fought a series of rebellions against Saleh, and subsequently took advantage of the political instability to take control over the Northern part of the country. ... [read more]

Friday, June 18, 2021 @ 2:06 PM

Health vs. wealth: The two sides of Canada-U.S. border closure Blocks spelling health and wealth

With whispers from the Prime Minister’s Office that a border reopening plan could be coming soon, the decision to keep the U.S.-Canada border closed is one that has received criticism and praise from both sides of the border. In attempting to balance the health of its citizens against a rapidly approaching summer tourism season and businesses struggling after being in various forms of lockdown for over one year, the Canadian and U.S. governments each have interests in both opening and keeping the border closed.    ... [read more]

Friday, June 18, 2021 @ 9:14 AM

Will we meet again? The Zoom boom Businesswoman holding out her hand to a computer screen

For more than a year now, our client meetings have not been in person, but instead virtual through videoconferences. At first, we were enamoured at the novelty of this new way of interfacing with our clients. As time has marched on, we have gained new perspectives on some of the advantages and disadvantages of using Zoom and other video platforms. ... [read more]

Friday, June 18, 2021 @ 7:52 AM

Franchise law in Quebec Fleur-de-lis

Nunavut, the Yukon, Northwest Territories, Nova Scotia, Newfoundland and Labrador and Saskatchewan do not have their own franchise law. Unlike the Arthur Wishart Act (Franchise Disclosure) and Regulations, B.C. Franchises Act and Regulations, Alberta Franchises Act, The Franchises Act (Manitoba), Franchises Act Regulations (Prince Edward Island) and Franchises Act (New Brunswick), Quebec has no particular legislation in this area, but is regulated with the general provisions of the Civil Code of Quebec (CCQ) and the Charter of the French Language. ... [read more]

Thursday, June 17, 2021 @ 12:55 PM

What to consider before you plead guilty to regulatory offence Man with hands up

All business corporations face increased regulatory scrutiny by government agencies and regulators for their regulated business activity. The enforcement of regulatory standards may involve investigations and the laying of quasi-criminal, strict liability, regulatory charges. Government public policy statutes set, communicate and provide for the enforcement of the standards that construction companies must comply with. Regulatory charges alleging that a standard has not been complied with and the company has committed an offence is one option in corporate accountability. ... [read more]

Wednesday, June 16, 2021 @ 2:21 PM

Family status accommodation: Is employee self-accommodation still mandatory step? Nurse

The human rights ground of family status has been a puzzlingly difficult issue for Canadian legal decision makers to adjudicate. First, a lifeless interpretation in the 1990s. Then a narrow interpretation in the 2000s. Next, a liberal interpretation from the Federal Court of Appeal in 2014. And now an even broader interpretation, fresh from the Alberta Court of Appeal. ... [read more]

Wednesday, June 16, 2021 @ 1:12 PM

The hangover: Charging party hosts with COVID-19 manslaughter, part two Unmasked people at a party

In order to prove unlawful act manslaughter resulting from the breach of COVID-19 restrictions, the Crown must prove that the death would not have resulted but for the breach. This is where it gets tricky. The requirement of causation is based on the need to prevent the morally blameless from being convicted. If someone hosted a COVID party resulting in transmission of the disease and death, it must be shown that the death resulted from the COVID party, and not any other factors. This means that intervening acts — any acts that break the chain of causation — must be ruled out.  ... [read more]