Focus On

Analysis

Latest

Wednesday, June 24, 2020 @ 2:29 PM

Words in afterlife: Copyright permission 25 years after author’s death BlueCricketplayer

“In summer time village cricket is the delight of everyone.” ... [read more]

Wednesday, June 24, 2020 @ 2:11 PM

Justice and the pandemic: Pushing for modernization canada_COVID-sm

As Ontario Superior Court Chief Justice Geoffrey Morawetz sees it, Canada’s poor ranking in the Enforcing Contracts indicator found in the World Bank’s Doing Business 2020 study is but one measure by which the effectiveness of our courts should be gauged. The study, which tracks the time and cost for resolving a commercial dispute through a local first-instance court and the extent to which nations have adopted practices that promote quality and efficiency in the court system, ranked Canada a lowly 100 of the 190 nations surveyed. ... [read more]

Wednesday, June 24, 2020 @ 1:25 PM

Defence of driving: Many parts to car law coplight

The kind and number of offences relating to driving and “traffic court” are enormous. Since driving varies between urban and rural spaces, based on weather, traffic and innumerable other factors the rules vary largely based on the situation as well. ... [read more]

Wednesday, June 24, 2020 @ 12:41 PM

Conflicts of interest in family law mediation and arbitration Conflict of interest arrows

A conflict of interest for family law mediators and arbitrators is comparable to our current COVID-19 predicament: You may have it, even if you don’t know it. You have an obligation to tell others of your risk so they can make their own precautionary decisions. And if you don’t keep to accepted protocols, there’s the prospect of social ostracization. ... [read more]

Wednesday, June 24, 2020 @ 9:14 AM

Companion animal rules trump condo bylaws dogpawandhand.jpg

In part one of this article on emotional support animals in stratas, I outlined the basic analysis undertaken by the B.C. Human Rights Tribunal in making its decision in Daughter by Parent v. The Owners, A Strata 2020 BCHRT 105. The adjudicator held that the strata corporation in question needed to make room for the child’s dog because the child needed the dog for her health and to be without her emotional support dog, the child would suffer an adverse effect. ... [read more]

Tuesday, June 23, 2020 @ 2:55 PM

Supreme Court sees no absurdity in Court of Appeal decision in light of Vavilov Supreme Court of Canada2

On June 4, the Supreme Court of Canada dismissed with costs Economical Mutual Insurance Company’s application for leave to appeal the Ontario Court of Appeal’s decision in Tomec v. Economical Mutual Insurance Company 2019 ONCA 882. The Court of Appeal allowed the insured’s appeal from an application for judicial review of a decision of the Licence Appeal Tribunal (LAT), upheld by the Divisional Court, where Economical had successfully raised a limitation defence. ... [read more]

Tuesday, June 23, 2020 @ 2:38 PM

Alberta and Ontario courts warm to videoconferencing zoom_screen_sm

Despite differences in the applicable court rules, recent cases from Ontario and Alberta in the context of COVID-19 social distancing restrictions demonstrate a similar willingness to use videoconferencing to facilitate cross-examinations on affidavits and questioning for discovery. ... [read more]

Tuesday, June 23, 2020 @ 2:07 PM

Federal return-to-work guide underscores benefits of remote employees twopeoplezooming

The cost savings and efficiencies created by remote work have been celebrated by my firm for years, and as 2020 continues to unfold, support for remote working arrangements continues to amplify — including at the federal level. ... [read more]

Tuesday, June 23, 2020 @ 8:53 AM

Validation of non-compliant testamentary documents in B.C.: Unsuccessful cases hand-_written_sm

In a previous article, cases where applications under s. 58 of the Wills Estates and Succession Act (WESA) were successful in curing deficiencies in testamentary documents were discussed. Those cases, as well as decisions such as Hubschi Estate 2019 BCSC 2040, where a document on a computer was found to be a valid will, may leave readers with the impression that s. 58 is limitless in scope. Cases reviewed here will address circumstances where s. 58 applications were unsuccessful, emphasizing the unpredictability of these decisions. ... [read more]

Tuesday, June 23, 2020 @ 8:47 AM

How cash is dealt with when valuing a business Accountant checks documents

If you want to get 10 seasoned family law lawyers to give you the same answer to a question, try this one: Have you ever had a case involving a cash business? ... [read more]