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...]
Viewpoint 41-6: Chief Justice McLachlin: The Supreme Court’s steady hand
The Supreme Court of Canada homepage opens with, “Canadians are privileged to live in a peaceful country.” With Chief Justice Beverley McLachlin retiring in December, that homepage opener is too modest. It should read, “Canadians are privileged to live in a country with an outstanding chief … [Read more...]
Dozens of Legal Reasonables
The test is whether a reasonably informed bystander could reasonably perceive bias on the part of an adjudicator. Nicholson v. Haldimand-Norfolk Regional Police Commissioners, (Supreme Court of Canada, 1979, p. 325) http://canlii.ca/t/1mkvl Introduction If all the considerable bend in the … [Read more...]
The Reasonable Person
The reasonable person standard in tort law looks at whether a person's unintentional or careless actions mean they are liable for someone else's injuries. Tort law is an umbrella field of law, which aims to correct injustices that have happened between individuals. The courts assess whether the … [Read more...]
Syncrude Ducks Produce Creative Sentence
Introduction Syncrude Canada Ltd, formed as a joint venture, is currently one of the earliest and largest producers of crude oil from Canada's oil sands. The consortium was initially formed in 1964 to mine oil from the Athabasca oil sands. It operates a large oil sand mine, utilities plant, … [Read more...]
