WestlawNext Canada insight Blog

CATEGORIES: CED: An Overview of the Law

Who among us hasn't regretted acts done in the heat of passion? This month’s post explores the partial criminal defence of provocation.

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CED, an Overview of the Law — Gifts: Presumptions

With Valentine’s Day behind us, gifts are on our minds. But here at the Insight blog, we’re more fascinated by the concept of legal gifts. When is something presumed to be a gift? This post looks at presumptions within the context of gifts between husband and wife, parent and child and between strangers, as well as in the purchase of land in the name of another.

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With the excess of the holidays behind us, we start off the new year with a look at one of the realities of our consumer society: bankruptcy, specifically consumer proposals. A proposal constitutes an offer made by the debtor to the creditors, which they are free to accept or reject. Although approved by the court and by statute declared to be binding on all creditors, a proposal is in reality only a contract between the parties. Consumer proposals are dealt with under Part III, Division II of the Bankruptcy and Insolvency Act.

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Between Jian Ghomeshi and Bill Cosby, sexual assault is very much in the news lately. This blog post clearly explains the law of sexual assault in Canada.

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Jian Ghomeshi's lawsuit against the CBC is much in the news right now, but do unionized employees have the right to sue their employers?

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The upcoming municipal election in Toronto (and the rest of Ontario) may have you wondering – just who can run, anyway? And for that matter, who can vote? This excerpt from the CED Elections title covers candidates, including eligibility, nominations, withdrawal or death of candidates, election by acclamation, and agents of candidates, as well as the eligibility of electors, preparation and conclusiveness of the voters list and voting by proxy.

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With charity awareness techniques in the news (ice bucket challenge, anyone?), this C.E.D. post provides an overview of the law of charities and, in particular, the forms of charities as they apply to trusts, corporations, unincorporated organizations, as well as the classification of charities under the Income Tax Act.

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When are young offenders liable for an adult sentence? When seeking an adult sentence, the Crown is required to rebut a presumption of reduced moral blameworthiness. This post explores when the Crown may apply for an adult sentence as well as the procedure involved in an adult sentencing hearing.

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Determining the appropriate standard of review of a delegate’s decision is a crucial, and potentially confusing, aspect of administrative law, but something that must be performed at the beginning of every appeal or application for judicial review. This post provides an overview of the issues surrounding this complex area of the law.

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Evidence law is a notoriously complex area of law. Some of its reputation is attributable to the difficult concept of hearsay evidence, which is generally inadmissible unless it falls within one of several established exceptions. Another difficult concept, which the CED tackles with aplomb, is similar fact evidence. The following post clearly and succinctly explains what similar fact evidence is, why it is potentially dangerous, and the circumstances in which it can be used. It is eminently helpful to those who seek a fuller understanding of evidence law.

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Have you ever wondered what the legal process is to adopt a child in Canada? Adoption is regulated by the provinces, each of which has a distinct set of laws. In this excerpt from the Children title of the Canadian Encyclopedic Digest, you will find a summary of the law concerning how a child may be adopted in the Western provinces and Ontario, as well as the law concerning International adoption.

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