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Archives : February 2018

Classification of Easements   By: Austin F.

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Standard caution used by Edmonton Police Service breached accused's right to counsel: Supreme Court of Canada

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Authors Bruce MacFarlane, Robert Frater, and Croft Michaelson discuss recent developments in the law of informer privilege in the forthcoming release of Drug Offences in Canada, 4th edition.

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... a fishing expedition is where one party seeks production in order to determine whether it has a case or not. The wider the net is cast with regard to the production request, the greater the likelihood that the party seeking the request is simply engaging in a fishing expedition.

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Defendants' failure to advise plaintiff of significant legal risks in pursuing plan fell squarely within exception of failure to warn where duty to warn was clear, and expert evidence of solicitor's negligence was not required

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Based on consensus of opinion of medical experts and witnesses, which was not contradicted by other medical experts, applicant did not have requisite capacity to marry respondent after accident

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Claimant, employed for over 14 years by series of associated companies, was terminated and offered eight weeks' working notice of termination

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Motion judge found that appellant did not have standing before court as result of his non-compliance with earlier order

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Plaintiff brought action to challenge validity of will and marriage on grounds that deceased did not have capacity

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The concept of “reasonable notice” takes into both the implied understanding at the outset of the employment, as modified by years of service, promotions, and other factors, as well as the actual circumstances existing at the time of termination.

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PREVOST v. PREVOST (2017), 2017 CarswellOnt 15252, 2017 ONSC 5825 (Ont. S.C.J.)

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Employee signed a release which was effective to bar a complaint of bullying and intimidation that was personal to the employee and which occurred in the past

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