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Friday, December 21, 2018 @ 9:35 AM

From autonomous cars to smartphone zombies, analysis and opinion highlights of 2018

Here are 16 memorable and outstanding stories from 2018, as selected by The Lawyer's Daily Analysis Editors Richard Skinulis and Peter Carter. ... [read more]

Friday, December 21, 2018 @ 8:40 AM

Ontario’s retail model for private recreational cannabis cannabis_licence_sm

The federal government legalized recreational cannabis on Oct. 17, 2018. Under the Wynne government, recreational cannabis was to be sold through the Ontario Cannabis Retail Corporation, which operates as Ontario Cannabis Store (OSC) online and in retail stores akin to the LCBO. The Ford government changed the legislative landscape of recreational pot in Ontario by introducing a private recreational cannabis store system to be implemented on April 1, 2019. The Alcohol and Gaming Commission of Ontario (AGCO) will regulate and enforce licensees. ... [read more]

Wednesday, December 19, 2018 @ 2:48 PM

Access to Justice: Next year a big one for Action Committee | Thomas Cromwell and Beverley McLachlin

There are big transitions occurring at the Action Committee on Access to Justice in Civil and Family Matters. Former chief justice Beverley McLachlin has this month assumed the chair of the committee which she had convened a decade ago. ... [read more]

Wednesday, December 19, 2018 @ 8:35 AM

Heritage Conservation Districts: Owners, developers beware heritage_building_sm

The Ontario Heritage Act (the “Act”) gives municipalities a very powerful development management tool: Heritage Conservation Districts (“HCD”) and their corresponding Heritage Conservation District Plans (“HCD Plan”). Developers and property owners in a proposed HCD should take note. ... [read more]

Friday, December 14, 2018 @ 9:02 AM

Condition precedent and the automatic termination of a contract

A true condition precedent occurs whenever the rights and obligations of the contracting parties depend on a future uncertain event, the happening of which is beyond the parties’ control and contingent entirely on the will of a third party. Until the event occurs, there is no right to specific performance on either side. ... [read more]

Friday, December 14, 2018 @ 8:25 AM

DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Cohabitation agreements

Appeal by the trustees of the Curé Estate from a judgment interpreting a cohabitation agreement with related declaratory relief. ... [read more]

Thursday, December 13, 2018 @ 1:54 PM

Multi-peril insurance policies: Property damage not peril Condodamage_sm.jpg

In Condominium Corporation No. 9312374 v. Aviva Insurance Company of Canada 2018 ABQB 674, Alberta’s Court of Queen’s Bench held a multi-peril insurance policy did not cover damage sustained to the structural integrity of a parkade. ... [read more]

Tuesday, December 11, 2018 @ 8:38 AM

EXPROPRIATION - Compensation - Courts

Appeal by the British Columbia Transportation Financing Authority from a judicial review judgment overturning the expropriation of property owned by the respondents, the Bowolins. ... [read more]

Friday, December 07, 2018 @ 9:30 AM

Why courts don’t like to interfere with restrictive covenants

A restrictive covenant may prohibit the uses to which land may be put or may prohibit any building on land. When properly drafted, the covenant will bind the owner and the owner’s successor in title. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]