George Orwell famously sought to make writing on politics into an art. It’s important to remember that he wasn’t the only one. So too did a radically different kind of writer, the cocksure American Gore Vidal. I bring up Orwell because I continue to ponder the notion that his dystopian novel 1984 … [Read more...]
Recovering the Species at Risk Act
Wildlife is central to the Canadian identity. From Indigenous communities to the urbanites of our largest cities, an overwhelming majority of Canadians want the federal government to protect and restore species at risk of extinction.The principal federal instrument that provides for this … [Read more...]
Alberta’s Climate Leadership Plan: An Update on Law and Policy Developments
Over the past 18 months we have seen a rapidly changing law and policy landscape for climate change mitigation in Alberta. The Climate Leadership Plan Changes began in November 2015 with the release of the long anticipated Climate Leadership Plan (the “Plan”). The Plan, based upon recommendations … [Read more...]
Murdoch v. Murdoch
[I did] “haying, raking, swathing, moving, driving trucks and tractors and teams, quietening horses, taking cattle back and forth to the reserve, dehorning, vaccinating, branding, anything that was to be done. I worked outside with him, just as a man would…” Irene Murdoch’s … [Read more...]
Appealing to Consciousness and Conscience: The Effects of Climate Change on the World’s Most Vulnerable Populations
Recently, I have become more attuned to the effects of climate change. The forest fires in Portugal, the declining levels of the salmon that were once abundant in the Atlantic, heat warnings and tornado watches in the Prairies, risk of forest fires in Jasper, Alberta because of the massive pine … [Read more...]
No Time Limitations on Sexual Harassment Lawsuits
Introduction Many readers will recall the recent Bill Cosby trial for sexual assault. The crime was allegedly committed in 2004, the criminal charge was laid on December 30, 2015 and the trial occurred in June 2017. It ended in a mistrial because the jury did not return a unanimous verdict. The … [Read more...]
Reasonable Doubt in Criminal Law
Canadian law recognizes different states of mind for decision-makers in various situations. Police officers and others engaged in an investigation are authorized to act where they have “reasonable grounds to believe” an offence has been committed and a particular person may be guilty. In some … [Read more...]
Top Ten Ways to be Reasonable in Estates (otherwise known as how to have your family get together for Christmas the year after you die)
As estate litigators, we see far too often what happens when reason gets thrown out the window and disputes – big and small - tear families apart. Here are some practical tips that can be used to make an estate plan as well as tips for personal representatives to follow to try to avoid … [Read more...]
Taxes? Reasonable?
Although many Canadians may disagree when reading various media reports or when filling out their own returns, the government and the Department of Finance generally consider our tax system to be reasonable. The term “reasonable” shows up with surprising frequency in our tax legislation and … [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...]
