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Wednesday, March 13, 2019 @ 8:06 AM

Applying deliberative secrecy to arbitral tribunals secret_decision_sm

The principle of deliberative secrecy prevents disclosure of how and why adjudicative decision makers make their decisions. This protection is necessary to help preserve the independence of decision makers, to promote the consistency and finality of decisions and to prevent decision makers from having to testify about their decisions. The courts have yet to explicitly apply this public law principle to arbitral tribunals. However, given the similarities in the functions performed between arbitrators and other adjudicative decision makers, it is in the interest of justice to extend the application of this principle to arbitral tribunals. ... [read more]

Tuesday, March 12, 2019 @ 3:19 PM

Harper Grey names new HR director

Harper Grey announced that Maggie Edwards has joined the Vancouver firm as director of human resources. ... [read more]

Tuesday, March 12, 2019 @ 2:08 PM

Dear federal government: Ignorance of law is no excuse | Heather MacIvor

The rule of law is a fundamental principle of Canada’s Constitution. It requires, first and foremost, that public power be exercised in conformity to the law. Every individual entrusted with government power must do or refrain from doing what the law demands. ... [read more]

Monday, March 11, 2019 @ 10:35 AM

A court where the complainant always wins provincial flags

There exists a little-known dispute resolution venue where the complainant has always won. It doesn’t have a permanent location, nor does it have a standing set of adjudicators. And at this venue, no matter how grievous the infraction of the responding party, there is no immediate pathway to seek compensation for damages. What adjudicatory system is this? It is the dispute resolution process under the Canadian Free Trade Agreement. ... [read more]

Friday, March 08, 2019 @ 12:28 PM

We salute the ‘Notorious RBG’ and Canadian women legal trailblazers women lead men

“Why are you crying, mummy?” asked my 9-year-old daughter out of immense concern for me. I don’t recall the last time she saw me cry. ... [read more]

Friday, March 08, 2019 @ 8:40 AM

CIVIL PROCEDURE - Pleadings - Failure to disclose a cause of action or defence

Appeal by the plaintiffs from a decision of a motions judge striking certain claims without leave to amend. ... [read more]

Thursday, March 07, 2019 @ 2:18 PM

Enforcing consistent accounting practices in British Columbia Dam

In February, British Columbia auditor general Carol Bellringer published a detailed report arguing that British Columbia Hydro should reflect standard accounting methods used throughout the industry elsewhere in the United States and Canada. This is a fairly radical act since the reading of Canadian Crown corporation financial statements has often required a substantial suspension of disbelief. ... [read more]

Thursday, March 07, 2019 @ 8:39 AM

The SCC rules in Redwater: Losing battles but winning the war abandoned_oilrig_sm

As the energy sector faced economic hardship during the most recent downturn in Alberta, concerns mounted over who would bear the financial responsibility for the reclamation of wells and pipelines when companies with non-producing assets declare bankruptcy. ... [read more]

Wednesday, March 06, 2019 @ 7:52 AM

TRUSTS - The beneficiary

Appeal by the defendant from summary judgment awarding the respondent arrears of rent. ... [read more]

Tuesday, March 05, 2019 @ 8:53 AM

Decision underscores developer obligations to condo purchasers condo_law_sm

A recent decision by the Court of Appeal continues a trend in condominium law regarding the obligations of Ontario developers when selling to purchasers. While most developers are reasonable and treat their purchasers with respect, there are some who take every advantage they think they can get away with. ... [read more]