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Tuesday, November 22, 2022 @ 11:20 AM

Parenting co-ordination as judicial tool: Achieving access to justice for children Stick-figure family

Many have discussed the benefits of parenting co-ordination, here and elsewhere. Lawyers generally recognize the benefits of PC, but most do not address the elephant in the room — PC is only available for children whose parents agree to work with a parenting co-ordinator. We say enough is enough — best interest decisions are about children’s rights and not parent’s rights. ... [read more]

Tuesday, November 22, 2022 @ 11:05 AM

Obligation to immediately disclose settlement agreement Big man with magnifying glass examining little people

Where a settlement agreement has the effect of changing entirely the landscape of the litigation in a way that significantly alters the dynamics of the litigation, it must be immediately disclosed to the non-settling defendants. Failure to do so amounts to an abuse of process. The remedy for which is drastic: an automatic and permanent stay of the proceeding. ... [read more]

Monday, November 21, 2022 @ 2:16 PM

Back to basics: What is a will? Last will and testiment

A will is a document that states how you intend for your property to be distributed and appoints a custodian to care for your minor children if you are the last surviving parent after you die (though it is noted that this appointment is effective for 90 days after the testator’s death). ... [read more]

Monday, November 21, 2022 @ 11:26 AM

More on reasonable care analysis in all-terrain vehicle accident case Yellow ATV

A recent Ontario Superior Court of Justice case, Desrochers (Litigation guardian of) v. McGinnis [2022] O.J. No. 3891, revisited the principles of proving negligence in a case where the plaintiff, Megan Desrochers, was injured while operating the defendants’ all-terrain vehicle (ATV). (For link to part one of this series, see below). ... [read more]

Monday, November 21, 2022 @ 10:06 AM

Top things to know if you miss judicial review deadline Clock in red zone, missed dates on calender

Most applications for judicial review of an administrative decision in Ontario must be brought within 30 days under ss. 5(1) of Ontario’s Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the JRPA). Where a party has not commenced a judicial review application by the required deadline, however, the court has broad discretion to extend that timeframe. ... [read more]

Friday, November 18, 2022 @ 2:06 PM

Digital audiobooks: Certification of prospective B.C. conspiracy class action denied, part two Books wearing headphones

As discussed in the first article in this two-part series, the case of Williams v. Audible Inc., 2022 BCSC 834 arises from a proposed conspiracy class action focused on the exclusivity provisions in an agreement between Audible Inc. (Audible) and Apple Inc. (Apple) relating to the distribution and sale of digital audiobooks in Canada. ... [read more]

Thursday, November 17, 2022 @ 2:15 PM

Digital audiobooks: Certification of prospective B.C. conspiracy class action denied, part one Stack of books wearing headphones

The case of Williams v. Audible Inc., 2022 BCSC 834 arises from a proposed conspiracy class action focused on the exclusivity provisions in an agreement between Audible Inc. (Audible) and Apple Inc. (Apple) relating to the distribution and sale of digital audiobooks in Canada. ... [read more]

Thursday, November 17, 2022 @ 11:10 AM

Reasonable care analysis in all-terrain vehicle accident case Yellow ATV

A recent Ontario Superior Court of Justice case, Desrochers (Litigation guardian of) v. McGinnis [2022] O.J. No. 3891, revisited the principles of proving negligence in a case where the plaintiff was injured while operating the defendants’ all-terrain vehicle (ATV). ... [read more]

Wednesday, November 16, 2022 @ 2:32 PM

COVID wills: Are they valid? Masked lawyer showing a contract in a Zoom call

With the unprecedented COVID-19 pandemic, wills experienced changes, particularly to those who acted as witnesses. The aspect of social distancing and lockdowns made standard procedures applicable for executions of testamentary documents almost impossible to follow. ... [read more]

Wednesday, November 16, 2022 @ 10:41 AM

Green hydrogen: Nova Scotia leading legislative development Hydrogen

In response to rapidly growing interest in green hydrogen in Nova Scotia, the province passed legislation last week that effectively integrates hydrogen into the province’s legislative system for energy production and transportation. ... [read more]