Legal Insight - Current news, cases, and ideas affecting law and practice

Legal Insight
Current news, cases, and ideas affecting law and practice.

Recent Posts

Recent decision which dealt with the use of illegally obtained evidence and hearsay in a high-conflict custody dispute.

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Phrase of the Week - Magic Number Test

Wrzesnewskyj v. Canada (Attorney General) | 2012 CarswellOnt 12998 | Supreme Court of Canada

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Legal Wit — Live and Learn . . . or Not

[The accused] is obviously pretty articulate.

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This post looks at Ontario landlord and tenant law, focusing on tenancy agreements, financial issues like security deposits, post-dated cheques and automated payments, the validity of “no pets” clauses, and assigning and subletting.

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This post summarizes Elmardy v. Toronto Police Services Board, a case in which the Toronto Police illegally detained and violated the Charter rights of the plaintiff.

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Ontario Court of Appeal finds Rule 53.03 disclosure requirements apply only to expert witnesses retained by parties.

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Legal Wit — Declining to Take a Smell

The witness said that the odor was "peculiar perfumy odor.

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Recent decision which found that a provincial court judge had the discretion to order the repayment of an overpayment of spousal support.

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This post summarizes the sentencing of someone for breaching a bail condition that he could not lawfully comply with.

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Modified Objective Test

Higginson v. R.T.D. Enterprises Ltd. | 2012 CarswellBC 2560 | British Columbia Supreme Court

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Legal Wit — The Limits of Fairness

I do not think that it lies well in the mouth of the unsuccessful party whose evidence was found to be lacking to complain that the party opposite did a more thorough job marshalling its resources.

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Supreme Court of Canada held the lawyer’s duty to disclose clients’ records under Proceeds of Crime (Money Laundering) and Terrorist Financing Act and regulations to violate principles of fundamental justice.

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