Maybe it’s a dispute between neighbours. Or a conflict at work. Or a change to child custody arrangements. Tempers flare, things escalate and the next thing you know you’re headed for court. Regardless of your legal problem, once you’ve entered the court system, things become much more complex and … [Read more...]
Anti-spam Law May Snare Charities
Those of us who work for charities are probably as accustomed as anyone to getting unsolicited emails asking for funding or other support. Even in the occasional cases where these requests are genuine, rather than scams or trickery, the sender often hasn’t taken the time to even check if what’s … [Read more...]
Standing Up for Your Rights
Standing is a legal principle that addresses who is entitled to bring a case before the court for a decision. Although standing (in a legal sense) may sound like a technical legal issue, it is very important to rights litigation in Canada. After the Canadian Charter of Rights and Freedoms (Charter) … [Read more...]
Protection and Prosecution: Falling at Work
Introduction Just before Christmas 2009, Mr. Murgappa Naiker died instantly after falling 18.5 feet from an open bucket while de-icing an airplane at the Calgary airport. He was not wearing his safety harness. He had 17 years experience as a de-icing ramp agent and had completed updated safety … [Read more...]
Vol 37-4: Mar/Apr 2013
Full PDF of this Issue Table of Contents Featured Articles: Environmental Causes Special Report: Helping Yourself Departments Columns Printable PDF version Featured Articles: Environmental Causes Canadians treasure their environment, and … [Read more...]
How to Avoid Your Day in Court
When people think of needing legal help, they often think of lawyers, court forms, and court rooms. As those who have been there already know, it isn’t nearly as glamorous as it seems on television, and quite to the contrary, it can be quite scary. The good news is that not every legal issue has to … [Read more...]
Doin’ It Your Own Way… Unsuccessful Succession
This is the age of the YouTube video. Want to know how to build Ikea furniture, bake a soufflé, change the oil in your car? YouTube can help. We are geared to thinking that we can do anything for ourselves and so, of course, many are led to thinking that they can do their own Wills. “How hard can … [Read more...]
Nickel Shower: An Environmental Class Action
Introduction The recent Smith v. Inco Limited case is the first Canadian environmental class action lawsuit to proceed through a trial and appeal. It shows how the courts mediate between the interests of industry and of private landowners. Inco refined nickel near the small southern Ontario city … [Read more...]
The Difference a Year Makes: Changes to Canadian Federal Environmental Assessment Law in 2012
In 2012, the landscape of Canadian federal environmental assessment law was completely altered. Following on the heels of a truncated statutory review process in late 2011, federal environmental assessment law was re-written with the passage of Bill C-38 (the federal omnibus budget bill). This … [Read more...]
Civil Disobedience, Environmental Protest and the Rule of Law
What is civil disobedience? Civil disobedience involves intentional violation of the law to achieve a result the law-breakers believe is in the public interest. Civil disobedience is a form of protest intended to draw attention to a wrong or injustice which the protesters believe is sufficiently … [Read more...]
