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...]
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...]
