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Archives : October 2015

Legal Wit — Pure and Simple?

The Supreme Court of Canada has instructed that, "[t]he primary interpretive principle is that when the language of the policy is unambiguous, the court should give effect to clear language, reading the contract as a whole.

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This post describes the procedures a person seeking access to records under freedom of information laws must follow in each jurisdiction in Canada.

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Interesting case from Newfoundland in which the defendant claims infringement of his fair trial rights because courthouse was named after personal plaintiff.

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R. c. McRae | 2013 CarswellQue 11604 | Supreme Court of Canada

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Legal Wit — A Hornet's Nest

This motion highlights the relative sanctity of a consent order.

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Recent decision which permitted a mother to bring her son on a temporary visit to a Hague Convention signatory

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In Apple v. Samsung, the United States Court of Appeals clarified and applied the causal nexus requirement in a situation involving irreparable harm.

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Peace Bond

Doncaster v. Field | 2013 CarswellNS 990 | Nova Scotia Court of Appeal

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Court of appeal allows fresh evidence of deportation consequences in appeal of sentence.

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Legal Wit — Might as Well Tell the Truth

Overall, [the appealant]'s testimony — its unsupported nature, its inconsistencies — along with his frequent evasiveness, vagueness and deflections — leaves me entirely uninclined to accept any material portion of [the appealant]'s testimony that is not corroborated.

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Majority of Court of Appeal holds police search of text messages in cell phone may violate message sender’s reasonable expectation of privacy.

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This post summarizes a Newfoundland case in which the Court had to determine whether the parties had been validly married.

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