Legal Research Archives : 2016

Two new research and writing tools have been added to westlaw Canada to help users work more efficiently: a legal research checklist and an annotated memo template.

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Milligan's Criminal Law Advisor | bolus drinking

Empty beer cans in the accused's vehicle gave an air of reality to the possibility that the accused engaged in bolus drinking

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Case Comment | R. v. Curry

R. v. Curry (2016), 2016 BCSC 1435, 2016 CarswellBC 2152 (B.C. S.C.)

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CED:  An Overview of the Law - Incorporation

This post provides an introduction to the process by which new businesses become incorporated in Ontario, including an overview of the applicable legislation, the restrictions on and procedures for incorporation, the requirements for incorporators, and the corporate constitution.

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The Emerging Legal Technology Forum

Join top legal industry professionals and change leaders at The Emerging Legal Technology Forum September 22.

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Alberta court holds accused failed to establish privacy interest in text messages sent from cell phones belonging to third party

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Text messages sent by complainant in the midst of the events in question were admitted as evidence under the principled approach to hearsay

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News and Views | Milligan's Criminal Law Advisor

Supreme Court of Canada upholds taking of penile swab as lawful search incidental to arrest in sexual assault case

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In a recent decision, the Ontario Court of Appeal overturned the decision of the trial judge to admit evidence of 50 marijuana plants, holding that the evidence was obtained in a manner that violated the accused's Charter rights and that the breaches were close to "the extreme end of seriousness."

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CED: An Overview of the Law - Unjust Enrichment

In addition to the provincial statutes governing the division of family property on breakdown of marriage, equitable trust principles continue to apply in family law cases. This post explores when unjust enrichment and the presumptions of advancement and resulting trust apply in family law.

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CED: An Overview of the Law - Trusts

This post outlines the general principles of trusts, including: trusts distinguished from other relationships, secret trusts, express trusts, the three certainties, precatory trusts, application of the Statute of Frauds, and the creation of an express trust.

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Sample Legal Memo | Breath Sample Demands

This sample legal memo discusses how long "as soon as practicable" is within the meaning s.254(3).

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