Insurance contracts … are sold by the insurance industry and purchased by members of the public for peace of mind. The more devastating the loss, the more the insured may be at the financial mercy of the insurer, and the more difficult it may be to challenge a wrongful refusal to pay the … [Read more...]
Revolution Mañana: Carlos Fuentes and the revolutionary potential in law and politics
For me, Carlos Fuentes (1928-2012) remains one of the great writers of the Latin American Boom. He combined his talents as an imaginative novelist and short story writer with an unwavering dedication to participation in the major political and social debates of his time. He operated as a leading … [Read more...]
Hoarding and Tenancy Situations
Dealing with hoarding in a tenancy situation involves a balancing act between a landlord’s rights and a tenant’s rights under the law. Under the Residential Tenancies Act (RTA), a tenant has the right to quiet enjoyment of their property. A landlord has a corresponding duty to make sure this right … [Read more...]
When Can the Right to Freedom of Expression be Curtailed?
Section 2 of the Canadian Charter of Rights and Freedoms protects our freedom of expression, but this freedom is not absolute. The right to express our opinions is a crucial element of a democracy. Freedom of expression is a basic characteristic of personal development. It gives us the right to … [Read more...]
Bad Behaviour 4.0: Employees getting away with . . .
If an employee has been guilty of serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer’s business, or if he has been guilty of willful disobedience to the employer’s orders in a matter of substance, the law recognizes the … [Read more...]
Alberta Election Legislation and Charities
After years of turmoil around the topic, the federal government moved recently to reform treatment of charities’ “public policy dialogue and development activities”. The reform was, at least in part, in response to the striking down as unconstitutional of certain provisions of the Income Tax Act … [Read more...]
State Neutrality Does Not Always Result in Substantive Equality
Recently, Quebec Premier François Legault’s government introduced Bill 21 (An Act Respecting the Laicity [Secularism] of the State). Among other things, the Act prohibits public workers in positions of authority (e.g., teachers, police officers, prison guards, Crown prosecutors, government lawyers … [Read more...]
Alternatives to Court: Mediation
In the first column in this series, John-Paul Boyd introduced basic alternatives to resolving family law disputes in court. In the second column, I wrote about the Collaborative process. In the last issue, John-Paul Boyd explained arbitration. In this column, I’m going to talk about … [Read more...]
To Stop or not To Stop? Police Carding Practices
In R. v. Omar, 2018 ONCA 975 (CanLII), the Ontario Court of Appeal has rubber stamped the illegality of what is commonly referred to as carding, declaring that “[Everyone has] every right to be walking down the street unimpeded by the police” (at para 51). In a stunning decision where the Crown’s … [Read more...]
Police Demanding Evidence from Journalists: The Vice Media Case
Introduction How do police detect crimes? Like us, the police do not see many crimes taking place when they are walking or driving around. They become aware of crimes when people report them. They occasionally detect crimes online. Some people communicate with journalists to publicize their … [Read more...]
