Law students are taught in Wills and Estates law that a Will can be set aside as being against public policy, but rarely does this possibility become a reality. However, in January, 2015 a Superior Court Justice in Ontario set aside the Will of Emanual Spence for exactly that reason. Rector Spence, … [Read more...]
When Free Trade is Not Free: the Abitibi Case
We will not give away our valuable timber and water resources to a company that does not honour its historic commitments … [w]e will, therefore, today introduce a bill to ensure these valuable natural resources are returned to their rightful owners – the people of Newfoundland and Labrador. – … [Read more...]
Bench Press 39-3: Tragic Tale of Two Girls
Two young aboriginal girls both had been diagnosed with the same type of aggressive cancer and both were receiving chemotherapy for their illness. In both cases, their mothers decided to withdraw their children from conventional cancer treatment and pursue aboriginal healing methods. In one case, … [Read more...]
Being Fired: Employment and Identity
Clearing Your Name: Some Basic Rules if You’ve Been Fired for Fraud You’ve just been fired. It’s probably affecting you financially and emotionally to a great degree. Worse yet, your (now former) employer is saying it is “for cause” or “just cause”, possibly because of as serious an accusation as … [Read more...]
Marc Ribeiro v. Dragons’ Den
Introduction The modern phenomenon of reality television can be a tough business. What makes it interesting for viewers is what appears to be the spontaneous drama, the unpredictable turns and utterances and the raw, unscripted human confrontation. Television broadcasts the glorious performances … [Read more...]
Can Administrative Agencies Grant Common Law Public Interest Standing?
Whether administrative agencies can grant public interest standing the way that courts do is an unsettled question. This question usually arises at environmental agencies whose enabling legislation provides standing based on affected personal interests. Multiple court cases have found that specific … [Read more...]
Bench Press 39-2: Estranged Father and Daughter
An Edmonton father and daughter had not had any face-to-face communication since 2010. The father was paying child support of $1054.00 per month. He asked the court to terminate or reduce his support obligation since she turned 18 on the grounds that he had no proof that she had attended elective … [Read more...]
Bench Press 39-2: Unprecedented Sentence of 75 Years
Justin Bourque, the 24-year-old Moncton man who gunned down three RCMP officers this spring has been sentenced to a 75-year prison sentence. He will not be eligible for parole until he is 99 years old. This is the longest sentence in Canadian history and the most severe penalty since the death … [Read more...]
Bench Press 39-2: Reining on the Parade
The Calgary Stampede Authority and the Street Church Evangelism Ministries International Foundation (Street Church) have been clashing for years over the Church’s participation in the Calgary Stampede parade. Things came to a head in 2012. The City of Calgary passed an amendment to its Traffic Bylaw … [Read more...]
Bench Press 39-2: Who Calls the Shots on Treatment Orders?
A judge issued a treatment order for an accused in a psychotic state. The Crown indicated that a bed in one hospital would be available in six days. The judge ordered treatment “forthwith” at another hospital. Court services delivered the accused to the first hospital and left him in the hallway. … [Read more...]
