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Wednesday, July 05, 2017 @ 08:52 AM

'Unfair' will doesn't equate to undue influence

It is a fundamental principle of contract law that parties to a contract must mutually consent to a contract’s terms. A contract can be voided if one party’s consent was given under domination or duress. Courts may, for instance, set aside testamentary documents that are created in circumstances where the testator, grantor or donor was subject to “undue influence.” ... [read more]

Wednesday, July 05, 2017 @ 08:45 AM

The personality factor: How to handle different types in a family law mediation Personality types

People who choose mediation do so to achieve a quick, efficient and legally binding settlement. They also do so in hopes of achieving positive and constructive interactions with the other party, gaining closure and moving on with their lives. Regardless of the reason, the mediator is tasked with understanding the differing personality types of the participants and their goals and interests to effectively conduct the mediation. ... [read more]

Tuesday, July 04, 2017 @ 08:55 AM

Appeal court rules on jury eligibility of former police officer

Canadian appellate tribunals, including the Supreme Court of Canada, have constantly expressed indifference to the manner in which jurors are summoned and empanelled. The same appellate courts, however, are deeply concerned with what happens to the jury thereafter. ... [read more]

Friday, June 30, 2017 @ 08:37 AM

Don’t overlook the arbitration solution to commercial court delays

Given the current crisis in commercial court delays, the time has come for counsel and parties to consider arbitration in all tort, family and other disputes that will likely go to trial and that are ready for early resolution. ... [read more]

Thursday, June 29, 2017 @ 08:49 AM

Parenting co-ordination still misunderstood by courts Parenting coordination

As family law in Ontario has evolved, there has been a growing recognition that the solutions to many of the parenting disputes brought before the Ontario courts is not legal but psychosocial. Parenting co-ordination is a service provided by lawyers and mental health professionals with expertise in family law that helps parents make responsible parenting decisions. ... [read more]

Wednesday, June 28, 2017 @ 08:56 AM

Recent decisions clarify exceptions to costs in estate litigation

For over 10 years, the position of costs in estate litigation has been clearly set out as a result of the Ontario Court of Appeal's decision in McDougald Estate v. Gooderham (McDougald). In that decision, Justice Eileen Gillese held that costs in estate litigation should follow the regular rules of civil litigation, where the unsuccessful party is responsible, in some degree, for the successful party's costs.  The only exception to this, pursuant to McDougald, are when public policy considerations are engaged. ... [read more]

Tuesday, June 27, 2017 @ 08:57 AM

Supreme Court decision on bail a potential sea change

In addition to the challenges posed by interpretation of legislation, including the Charter, and the review of all manner of legal issues raised at trial and on appeal in Canadian courts, the Supreme Court of Canada can and does weigh in on areas of justice system policy and practice that are worthy of review. That they’ve chosen to do so on the subject of judicial interim release pending trial in the recent decision of R. v. Antic has the potential to achieve significant changes to the criminal justice system. ... [read more]

Tuesday, June 27, 2017 @ 08:50 AM

The ongoing uncertainty of random drug and alcohol testing Random testing

Recent focus on drug testing in various sectors, particularly in transit, airlines and the nuclear industry, points to increased judicial and regulatory attention to this area. ... [read more]

Monday, June 26, 2017 @ 09:12 AM

Will Toronto’s new trial sitting pilot project stand the test?

With significant trial delays as the norm and access to justice a real concern, the recent announcement that the Toronto region will be operating under a new jury trial sitting pilot program is welcome news to many. ... [read more]

Monday, June 26, 2017 @ 09:07 AM

The impact of Quebec’s Bill 102 on the Watercourses Act

Over the last years, the Quebec government has undertaken an extensive reform of the Environment Quality Act (hereafter the EQA), first in June 2015, by tabling the green paper to modernize the environmental authorization scheme under the EQA, followed by Bill 102 in June 2016. Titled “An Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the governance of the Green Fund,” Bill 102 was almost unanimously adopted by the National Assembly on March 23, 2017. ... [read more]