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Archives : 2015

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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Word of the Week - Perpetuity

Oldfield, Re | 1949 CarswellMan 14 | Manitoba Court of King's Bench

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Legal Wit — 90% Perspiration

No counsel should draft a pleading without reading the appropriate rules on pleadings each time before they draft the pleading.

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Menziesbank Corp. assisted in the implementation of a matrimonial settlement. The Court of Appeal for Ontario granted leave to appeal to the creditors who claimed a solicitor’s lien and a salvage lien in relation to services rendered or money lent to the bankrupt taxpayer.

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The owner lent his ATV, provided the borrower only drive it on his farm -- even after the borrower breached this condition, the court upheld the vicarious liability of the owner for the motor vehicle accident that followed.

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