Canadian courts, even though they are not litigants, third parties may have an interest in intervening in court proceedings because the court’s judgment may affect them or others whom they represent. They often have information that they believe may be relevant to the courts in making their … [Read more...]
The Senate Reference: Supreme Court of Canada Outlines Constitutional Road to Reform
Controversies in the Senate have caused many to question whether we need a Senate at all. Realistically, however, what changes could Parliament make to the Senate? Constitutionally, what changes is Parliament allowed to make to the Senate? In 2014, Parliament found out exactly how it could change – … [Read more...]
Mental Capacity Has Different Meanings in Different Contexts
President Donald Trump consistently makes the news, though more often it seems for comments an elected leader with sounder judgment would not be making. Furthermore, among the many outrageous statements that have left people scratching their heads, there have also been moments caught on camera … [Read more...]
A River Runs Across It: Solving Trans-border Disputes Over Water
People get very passionate about both water and borders. So how do we avoid or resolve disputes involving rivers and lakes that cross the border between Canada and the United States? At almost nine thousand kilometers, our border with our closest neighbour is the longest unprotected political … [Read more...]
What’s Fair?
One of the far corners of charity law is the fair market value of donations. For economists, the classic definition of fair market value is how much, in an open market, a knowledgeable, willing, and unpressured buyer would pay a knowledgeable, willing, and unpressured seller for a property. In the … [Read more...]
42-1: Wills and Estates
Leaving a legacy is no simple matter. Planning ahead is the best way to ensure that you maximize the benefit to your families and loved ones even after you've kicked the bucket. Full PDF of this issue Volume 42-1 Sept/Oct 2017 Table of Contents Featured Articles: Wills and … [Read more...]
The “no gifts to non-qualified donees” rule
The registered charities provisions of the Income Tax Act (ITA) feature a number of obscure terms. That makes registered charities vulnerable to inadvertent non-compliance. It means prudent organizations need to keep a keen eye on regulatory trends and emerging issues. Looming regulatory concerns … [Read more...]
Bankruptcy Increases Among the Young and Old
A recent bankruptcy study by my firm found that the average person who files for bankruptcy in Canada is 44 years old. He is likely to be married, may have a mortgage, and owes almost $53,000 in unsecured debt. In fact, the clear majority of insolvent debtors, 77%, are between the ages of 30 and … [Read more...]
Human Rights Laws and Inclusion of New Grounds—Criminal Record
Various provincial and federal jurisdictions choose to protect people from discrimination on various grounds in areas such as employment, services customarily available to the public and tenancy. In some cases, the grounds protected are the same across jurisdictions. In others, court challenges have … [Read more...]
Do we need the Court of Appeal to Weigh in About the Importance of Internet Use in Modern Society?
Why R. v. Brar [2016] ONCA 724 is a waste of court time, money and resources Mr. Brar was a 35-year-old who was convicted of sexual assault, child luring and prostituting a person less than 18 years old and a breach of his bail conditions. He was first time offender. He was convicted of these … [Read more...]
