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Monday, January 13, 2020 @ 2:52 PM

The impact of self representation: Long-term views | Gary Joseph

Much of the debate surrounding the tidal wave of self representation has focused on the difficulties posed by untrained individuals before the courts. Cases, previously advanced on the basis of fact and law, now often become overly emotional battlefields for the vetting of marital discord. Separated spouses can be subjected to aggressive and unnecessary cross-examination by a self-represented individual and judges, vexed between neutral adjudication, maintaining the dignity of proceedings and fair treatment to all, are being drawn into the process in a manner not consistent with their historical common law role. ... [read more]

Monday, January 13, 2020 @ 1:08 PM

Income tax clearance certificates and right of liquidators to indemnification Hand signing document

Subsections 159 (1), 159 (2) and 159 (3) of the Income Tax Act (ITA) and their Quebec equivalents operate to impose personal liability for income tax and other amounts due by a deceased taxpayer on a legal representative who distributes property of the deceased in his or her possession or control without obtaining a clearance certificate from the CRA. ... [read more]

Thursday, January 09, 2020 @ 9:00 AM

New managing partner for Cox & Palmer in Fredericton

Cox & Palmer announced that Daniel Stevenson has been named managing partner of its Fredericton office. ... [read more]

Wednesday, January 08, 2020 @ 2:00 PM

Rethinking the obituary in digital age digital_obituariy

We’re told not to click on links in e-mails, not to open attachments from unknown sources, and not to provide personal information to someone we don’t know on the phone or on the Internet. So why is it we still create obituaries, also known as death notices, as if we are completing a job application regardless if its purpose is a legal declaration or memorial announcement. ... [read more]

Wednesday, January 08, 2020 @ 9:54 AM

The year Canada got serious about opt-out organ donation Hands holding heart

There are thousands of people in Canada on a waiting list for a life-saving organ transplant; hundreds die every year while waiting. One controversial option to improve this gained traction in Canada in 2019: an opt-out system. ... [read more]

Monday, January 06, 2020 @ 8:32 AM

Equine law: Protecting you and your four-legged friend Horse heads

Equine law is the practice of law that involves all types of horses, horse-related professions, activities, industries, businesses, facilities and organizations. ... [read more]

Friday, January 03, 2020 @ 12:44 PM

Digital asset deep dive: E-mail for estate planning discovery digital_lightbulb_sm

This is the fifth article in a series on digital assets for estate planning and administration. The last article discussed the six critical ways clients use e-mail that affect estate planning. Here are the 10 key questions to ask about e-mail for estate planning discovery. ... [read more]

Friday, January 03, 2020 @ 6:48 AM

Alberta estate litigation pilot aims to resolve cases before positions become ‘entrenched and hardened’

The Alberta Court of Queen’s Bench has launched a pilot project intended to facilitate early resolution of litigation in estate matters. The estate litigation early intervention pilot project, which was announced in November, will involve a one-hour case conference available to individuals who have filed a statement of claim after Dec. 31, 2019. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]