WestlawNext Canada insight Blog

CATEGORIES: Word of the Week

“Reasonableness” [in context of judicial review of decision of labour arbitrator] is a deferential standard that does not equate to the standard of appellate review that is applied to decisions...

READ MORE »

[The judge] must consider whether [the plaintiff] has standing to bring an application under Rule 16-46 [of the Queen's Bench Rules], to require proof of the will in solemn form, or for an order revoking the grant of probate under Rule 16-47. . . . . . Rule 16-46 ... permits an application by any person who “... is or may be interested in the estate.” The grammatical and ordinary meaning of the word “may” in Rule 16-46 connotes possibility ... the use of the phrase “may be interested” means that a person does not have to establish a definite interest in the estate to establish standing. A possible interest, within the context of the applicable law and the specific factual circumstances, is enough to ground standing.

READ MORE »

... what is referred to as “bootstrapping.” This is the situation where a party seeks to supplement what would otherwise be considered deficient evidence with allegedly “new” evidence and arguments on appeal.

READ MORE »

As with any trust, a valid will must satisfy the “three certainties”: certainty of intent to create the trust, certainty as to the subject-matter or property committed to the trust and certainty as to the objects of the trust or the purposes to which the property is to be applied.

READ MORE »

The concept of “inducement” of an employee to leave secure employment involves a spectrum of facts

READ MORE »

A journeyman is someone who is fully qualified and can perform the full scope of work in the trade or quasi-trade right up to the most complex

READ MORE »

Phrase of the Week | Active Employment

Active employment means someone who attends at work, works and is paid in clear distinction to someone who, while undoubtedly an employee, is not an active one

READ MORE »

Quinn Estate (2018), 2018 CarswellBC 543, 2018 BCSC 365 (B.C.S.C.)

READ MORE »

Rubner v. Bistricer (2018), 2018 CarswellOnt 4501, 2018 ONSC 1934 (Ont. S.C.J.)

READ MORE »

Class v. Smith (2018), 2018 ONSC 623, 2018 CarswellOnt 5705 (Ont. S.C.J.)

READ MORE »

Quinn Estate (2018), 2018 BCSC 365, 2018 CarswellBC 543 (B.C. S.C.)

READ MORE »

Johnson v. Schubert (2018), 2018 BCSC 74, 2018 CarswellBC 77 (B.C. S.C.)

READ MORE »