Legal Topic: Legal Research | WestlawNext Canada Insight Blog https://www.westlawcanada.com/blog/category/legal-research/ © Copyright Westlaw Canada, Thomson Reuters Canada Limited. All rights reserved. Sun, 01 Jan 2012 06:00:00 GMT Sat, 09 May 2026 05:00:16 GMT 1800 https://www.westlawcanada.com/blog/insider/westlaw-edge-canada-the-standard-for-legal-research-has-arrived-1109/ Tue, 07 Sep 2021 05:00:00 GMT Insider Insider Legal Research https://www.westlawcanada.com/blog/insider/whats-missing-the-advantage-of-westlaw-canada-vs-free-alternatives-1105/ Mon, 25 Jan 2021 06:00:00 GMT Insider Insider Legal Research https://www.westlawcanada.com/blog/insider/the-easiest-ways-to-do-a-court-case-lookup-on-westlaw-1104/ Wed, 09 Dec 2020 06:00:00 GMT Insider Insider Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-dissolution-of-parliament-1060/ Wed, 07 Aug 2019 05:00:00 GMT Insider Insider This excerpt from the updated Parliament and Legislature title examines Canadian law with regards to the dissolution of Parliament CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-agriculture-ontario-constitutional-jurisdiction-1055/ Tue, 02 Jul 2019 05:00:00 GMT Insider Insider This excerpt from the updated Agriculture title examines Ontario law with regards to constitutional jurisdiction over agriculture CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-police-and-tracking-dogs-1053/ Mon, 03 Jun 2019 05:00:00 GMT Insider Insider This excerpt from the updated Animals title examines Canadian law with regards to police and tracking dogs CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/research-tip-expert-witness-directory-1052/ Tue, 21 May 2019 05:00:00 GMT Insider Insider Did you know that westlaw Canada’s Litigator can help you find the witness you need to make your case? Research Tips Legal Research Litigation https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-documentary-evidence-1051/ Mon, 06 May 2019 05:00:00 GMT Insider Insider This excerpt from the updated Evidence title examines Canadian law with regards to documentary evidence CED: An Overview of the Law Legal Research Litigation https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-what-may-be-expropriated-1046/ Mon, 01 Apr 2019 05:00:00 GMT Insider Insider This excerpt from the updated Expropriation title examines Canadian law with regards to what may be expropriated CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/research-tip-browse-all-for-legislation-1044/ Thu, 07 Mar 2019 06:00:00 GMT Insider Insider Users have the option to view legislation (the entire Act or by Part) as a single document. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-champetry-and-maintenance-1042/ Mon, 04 Mar 2019 06:00:00 GMT Insider Insider This excerpt from the updated Torts title examines Canadian law with regards to champetry and maintenance CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/ontario-municipal-tribunal-reports-1041/ Fri, 15 Feb 2019 06:00:00 GMT Insider Insider To reflect the Ontario Municipal Board’s (OMB) transition to the Local Planning Appeal Tribunal (LPAT), westlaw Canada has renamed the Ontario Municipal Board Reports (O.M.B.R.) as the Ontario Municipal Tribunal Reports (O.M.T.R.). Research Tips Legal Research Announcements https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-hospitals-and-health-care-ontario-consent-1039/ Mon, 04 Feb 2019 06:00:00 GMT Insider Insider This excerpt from the updated Hospitals and Health Care title examines the law in Ontario with regards to consent in the context of relationships between patients and health professionals/health facilities CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/your-best-work-just-got-better-now-you-can-browse-legal-topics-to-learn-about-a-new-practice-area-1003/ Fri, 01 Feb 2019 06:00:00 GMT Insider Insider westlaw Canada is now fully integrated with ProView eLooseleafs and Practical Law Canada know-how. In one place, you can search and browse all the case law, legislation, commentary, practice notes, and annotated precedents you need to do your best work. More focus, less legwork. It’s time well spent. Legal Research Announcements https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-contract-to-marry-1036/ Wed, 02 Jan 2019 06:00:00 GMT Insider Insider This excerpt from the updated Family Law — General title examines Canadian law with regards to contracts to marry CED: An Overview of the Law Legal Research Family https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-refugee-protection-determination-procedure-1030/ Mon, 03 Dec 2018 06:00:00 GMT Insider Insider This excerpt from the updated Immigration and Refugees title examines Canadian law with regards to refugee protection and determination procedure CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/related-proceedings-973/ Thu, 29 Nov 2018 06:00:00 GMT Insider Insider As of April 20th, Keycite Canada on westlaw Canada will include relationships to cases that are not part of the direct appellate history. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-family-law-property-unjust-enrichment-and-the-presumptions-of-advancement-and-resulting-trust-1022/ Mon, 05 Nov 2018 06:00:00 GMT Insider Insider This excerpt from the updated Family Law — Property title examines Canadian law with regards to unjust enrichment and the presumptions of advancement and resulting trust CED: An Overview of the Law Legal Research Family https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-drainage-water-sustainability-act-british-columbia-1013/ Tue, 09 Oct 2018 05:00:00 GMT Insider Insider This excerpt from the updated Drainage (Western) title examines Canadian law with regards to British Columbia's Water Sustainability Act CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-wills-rectification-and-curing-deficiencies-1008/ Mon, 10 Sep 2018 05:00:00 GMT Insider Insider This excerpt from the updated Wills title examines Canadian law with regards to rectifying and curing deficiencies in wills CED: An Overview of the Law Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-charity-other-purposes-beneficial-to-the-community-1002/ Mon, 13 Aug 2018 05:00:00 GMT Insider Insider This excerpt from the updated Charities title examines Canadian law with regards to other charitable purposes beneficial to the community CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-framework-of-sentencing-998/ Mon, 16 Jul 2018 05:00:00 GMT Insider Insider This excerpt from the updated Sentencing title examines Canadian law with regards to pre-trial conferences CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/advice-from-recent-law-school-graduates-995/ Tue, 26 Jun 2018 05:00:00 GMT Insider Insider We spoke with two recent law school graduates, Eduard Popov and Carly Deboni, to see what steps they took after graduation and advice they would give to those just beginning their journey into law. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-pre-trial-conference-western-994/ Fri, 15 Jun 2018 05:00:00 GMT Insider Insider This excerpt from the updated Trials (Western) title examines Alberta, British Columbia, Manitoba, and Saskatchewan law with regards to pre-trial conferences CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-renewable-energy-and-energy-conservation-ontario-990/ Tue, 29 May 2018 05:00:00 GMT Insider Insider This excerpt from the updated Environmental Law (Ontario) title examines Ontario law with regards to renewable energy and energy conversation CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/emerging-issues-bulletin-7-drug-offences-in-canada-977/ Mon, 16 Apr 2018 05:00:00 GMT Insider Insider This edition of the Emerging Issues Bulletin discusses the issue of cannabis legalization and the opioid crisis Legal Research Criminal https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-civil-liability-accidental-fires-ontario-972/ Mon, 02 Apr 2018 05:00:00 GMT Insider Insider This excerpt from the newly updated Fires (Ontario) title examines Ontario law with regards to fires, with a particular focus on accidental fires and civil liability. CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-dna-orders-954/ Tue, 06 Mar 2018 06:00:00 GMT Insider Insider The British Columbia Court of Appeal does not have the jurisdiction to stay or suspend a DNA order pending appeal Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-classification-of-easements-913/ Wed, 28 Feb 2018 06:00:00 GMT Insider Insider CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-956/ Tue, 27 Feb 2018 06:00:00 GMT Insider Insider Standard caution used by Edmonton Police Service breached accused's right to counsel: Supreme Court of Canada Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/drug-offences-in-canada-4th-edition-953/ Mon, 26 Feb 2018 06:00:00 GMT Insider Insider 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. Legal Research Criminal https://www.westlawcanada.com/blog/insider/admissibility-of-statements-9th-edition-937/ Mon, 29 Jan 2018 06:00:00 GMT Insider Insider The Hon. René Marin discusses two recent SCC cases on text messages in the upcoming release of Admissibility of Statements, 9th edition Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-rebuttal-of-presumption-of-resulting-trust-938/ Fri, 26 Jan 2018 06:00:00 GMT Insider Insider Property never belonged to plaintiff and was not put into names of defendants to facilitate their dealing with it on her behalf Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/phrase-of-the-week-compensation-for-loss-to-both-spouses-939/ Fri, 26 Jan 2018 06:00:00 GMT Insider Insider Nichol v. Nichol (2017), 2017 MBQB 144, 2017 CarswellMan 496 (Man. Q.B.) Word of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/now-available-on-westlaw-canada-track-legislation-with-legislative-watch-934/ Wed, 17 Jan 2018 06:00:00 GMT Insider Insider As of January 17th Legislative Watch will be available as a NEW add-on subscription to LawSource that will allow users to track individual bills or bills relating to specific statutes for deeper, more efficient research. Legal Research Corporate Commercial Criminal Estates & Trusts Family Labour & Employment Litigation Announcements https://www.westlawcanada.com/blog/insider/word-of-the-week-unexplained-recent-possession-935/ Wed, 17 Jan 2018 06:00:00 GMT Insider Insider The doctrine of unexplained recent possession allows a fact finder in a case of unexplained recent possession of goods unlawfully obtained to infer that the accused knew that the property was unlawfully obtained. Word of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/phrase-of-the-week-instructing-on-litigation-928/ Fri, 05 Jan 2018 06:00:00 GMT Insider Insider Berry v. Burniston (2017), 2017 CarswellAlta 166, 2017 ABQB 77 (Alta. Q.B.) Word of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-children-in-need-of-protection-929/ Fri, 05 Jan 2018 06:00:00 GMT Insider Insider Evidence was sufficient for finding that there was risk that children were likely to suffer physical and/or emotional harm from actions, failure to act or pattern of neglect on part of parents Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/digest-of-the-week-extradition-927/ Tue, 02 Jan 2018 06:00:00 GMT Insider Insider Justice minister did not err in ordering extradition of accused to India, relying on assurances of humane treatment Legal Research Criminal https://www.westlawcanada.com/blog/insider/phrase-of-the-week-divided-success-924/ Thu, 28 Dec 2017 06:00:00 GMT Insider Insider Hastings v. Hastings (2017), 2017 ONSC 4802, 2017 CarswellOnt 12360 (Ont. S.C.J.) Word of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/digest-of-the-week-execution-of-a-will-925/ Thu, 28 Dec 2017 06:00:00 GMT Insider Insider Intended executor of testator’s estate brought application for declaration that unexecuted will was valid and fully effective pursuant to provisions of s. 35.1(a) of Wills Act Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/phrase-of-the-week-interim-support-order-922/ Fri, 22 Dec 2017 06:00:00 GMT Insider Insider Su v. Lam (2017), 2017 ONSC 2414, 2017 CarswellOnt 5833 (Ont. S.C.J.) Word of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-adoption-outside-province-923/ Fri, 22 Dec 2017 06:00:00 GMT Insider Insider Director of Adoption placed child with adoptive parents in another province, who had adopted mother’s first child previously Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/digest-of-the-week-text-messages-918/ Mon, 18 Dec 2017 06:00:00 GMT Insider Insider Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-inter-vivos-gifts-919/ Mon, 18 Dec 2017 06:00:00 GMT Insider Insider Deceased intended money transfers to B as gifts, motivated by natural and understandable gratitude to B for happiness and comfort of final year. Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/word-of-the-week-supervision-920/ Mon, 18 Dec 2017 06:00:00 GMT Insider Insider Catholic Children's Aid Society of Toronto v. M.H. (2017), 2017 ONCJ 660, 2017 CarswellOnt 15382 (Ont. C.J.) Word of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/digest-of-the-week-unreasonable-denial-of-bial-914/ Wed, 13 Dec 2017 06:00:00 GMT Insider Insider Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-aboriginal-law-federal-legislative-authority-912/ Thu, 07 Dec 2017 06:00:00 GMT Insider Insider This excerpt from the newly updated Aboriginal Law title examines Indigenous identity in Canadian law, with a particular focus on Métis under the Constitution Act, 1867 and the Constitution Act, 1982. CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/new-enhancements-to-westlaw-canada-browse-legal-topics-and-enhanced-text-and-annotations-910/ Tue, 28 Nov 2017 06:00:00 GMT Insider Insider Legal Research Announcements https://www.westlawcanada.com/blog/insider/emerging-issues-bulletin-6-drug-offences-in-canada-907/ Fri, 24 Nov 2017 06:00:00 GMT Insider Insider This edition of the Emerging Issues Bulletin discusses the issue of cannabis impaired driving Legal Research Criminal https://www.westlawcanada.com/blog/insider/word-of-the-week-rectification-908/ Fri, 24 Nov 2017 06:00:00 GMT Insider Insider McDonald Bankruptcy (Re) (2017), 2017 CarswellBC 3030, 2017 BCSC 1957 (B.C. S.C.) Word of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-garnishment-909/ Fri, 24 Nov 2017 06:00:00 GMT Insider Insider Husband could not benefit from provisions of Pension Benefits Act to protect his compensation arrangement from garnishment Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/digest-of-the-week-incomplete-gifts-903/ Fri, 10 Nov 2017 06:00:00 GMT Insider Insider Possession of cheque did not allow neighbour to bring action for its value Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/phrase-of-the-week-hybrid-parenting-904/ Fri, 10 Nov 2017 06:00:00 GMT Insider Insider Wetsch v. Kuski (2017), 2017 SKCA 77, 2017 CarswellSask 483 (Sask. C.A.) Word of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/phrase-of-the-week-wills-exception-to-solicitor-client-privilege-897/ Fri, 27 Oct 2017 05:00:00 GMT Insider Insider Choquette v. Viczko (2017), 2017 CarswellSask 350, 2017 SKQB 191 (Sask. Q.B.) Word of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-severability-clause-included-in-error-898/ Fri, 27 Oct 2017 05:00:00 GMT Insider Insider Motion judge held that to allow husband to accept clauses that financially benefitted him and require wife to litigate all other clauses would be blatantly unfair Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/phrase-of-the-week-at-risk-family-member-892/ Fri, 06 Oct 2017 05:00:00 GMT Insider Insider S. (S.K.) v. B. (T.L.) (2017), 2017 CarswellBC 1245, 2017 BCPC 134 (B.C. Prov. Ct.) Word of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/digest-of-the-week-revocation-of-a-will-893/ Fri, 06 Oct 2017 05:00:00 GMT Insider Insider Presumption of destruction with intention to revoke can be rebutted by evidence showing on balance of probabilities that testatrix did not destroy will or intend to revoke it Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/word-of-the-week-elimination-890/ Fri, 29 Sep 2017 05:00:00 GMT Insider Insider Chafe Estate v. Chafe (2017), 2017 CarswellNfld 285 (N.L. T.D.) Word of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-extraordinary-expenses-891/ Fri, 29 Sep 2017 05:00:00 GMT Insider Insider Father was aware that expenses were being incurred and was prepared to accept certain expenses but made no payment Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/word-of-the-week-maher-886/ Fri, 22 Sep 2017 05:00:00 GMT Insider Insider Mohammadi v. Safari (2017), 2017 ONSC 4696, 2017 CarswellOnt 12389 (Ont. S.C.J.) Word of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/digest-of-the-week-alteration-of-a-will-by-codicil-887/ Fri, 22 Sep 2017 05:00:00 GMT Insider Insider Testator changed his views in 2008 as he faced his own mortality and it was not unreasonable to accept that life-changing diagnosis may cause person to change plans, particularly considering that common law spouse was 11 years younger than testator Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/enhanced-text-and-annotations-library-881/ Mon, 18 Sep 2017 05:00:00 GMT Insider Insider The new Text and Annotations Library is now available on westlaw Canada. View video. Legal Research https://www.westlawcanada.com/blog/insider/phrase-of-the-week-armchair-approach-884/ Fri, 15 Sep 2017 05:00:00 GMT Insider Insider Killam v. Killam (2017), 2017 BCSC 175, 2017 CarswellBC 262 (B.C. S.C.) Word of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-custody-and-access-885/ Fri, 15 Sep 2017 05:00:00 GMT Insider Insider Forcing daughter to attend program did not protect daughter’s psychological and emotional safety, security and well-being Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-privacy-and-freedom-of-information-880/ Fri, 15 Sep 2017 05:00:00 GMT Insider Insider This excerpt provides an introduction to federal and provincial legislation concerning the protection of privacy and access to freedom of information. The legislative scheme provides rules for the collection, use, and disclosure of personal information in a manner that respects the privacy of individuals and recognizes the needs of private and non-governmental organizations to collect, use, and disclose personal information for purposes that a reasonable person would consider appropriate. CED: An Overview of the Law Legal Research Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-bequest-to-an-executor-877/ Fri, 08 Sep 2017 05:00:00 GMT Insider Insider Significant and disqualifying conflict of interest existed between executor in capacity as executor and trustee of deceased’s estate, and executor’s capacity as beneficiary seeking to enforce for personal financial benefit testamentary variation made two days before death of deceased Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-variation-of-spousal-support-878/ Fri, 08 Sep 2017 05:00:00 GMT Insider Insider Husband’s loss of his permanent employment and his inability to find new permanent employment that paid amount approaching his prior income over past three years constituted material change in circumstances sufficient to vary quantum of spousal support Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/phrase-of-the-week-family-debt-875/ Fri, 01 Sep 2017 05:00:00 GMT Insider Insider L. (K.A.) v. L. (K.J.) (2017), 2017 BCSC 651, 2017 CarswellBC 1064 (B.C. S.C.) Word of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/weirfoulds-estates-trusts-newsletter-recent-decisions-involving-powers-of-attorney-876/ Fri, 01 Sep 2017 05:00:00 GMT Insider Insider Featured in this issue are digests of recent decisions involving powers of attorney. News and Views Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/phrase-of-the-week-certainty-of-intention-873/ Mon, 28 Aug 2017 05:00:00 GMT Insider Insider Angus v. Port Hope (Municipality) (2017), 2017 ONCA 566, 2017 CarswellOnt 10123 (Ont. C.A.) Word of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-failure-to-pay-interim-support-874/ Mon, 28 Aug 2017 05:00:00 GMT Insider Insider Husband’s action in failing to pay interim child and spousal support and in not pursuing or perfecting appeal on timely basis disentitled him from continuing with appeal Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/enhanced-text-and-annotations-library-871/ Mon, 21 Aug 2017 05:00:00 GMT Insider Insider The enhanced Text and Annotations Library is coming soon in September on westlaw Canada. Legal Research Corporate Commercial Criminal Estates & Trusts Family Labour & Employment Litigation Announcements https://www.westlawcanada.com/blog/insider/emerging-issues-bulletin-5-drug-offences-in-canada-869/ Fri, 18 Aug 2017 05:00:00 GMT Insider Insider This edition of the Emerging Issues Bulletin discusses the issue of cannabis in the workplace Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-applicant-sought-sole-custody-of-remains-870/ Fri, 18 Aug 2017 05:00:00 GMT Insider Insider Widow sought to be granted sole custody of deceased’s remains Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-incapacity-and-guardianship-865/ Tue, 25 Jul 2017 05:00:00 GMT Insider Insider Mother, age 90, suffered from Alzheimer’s disease -- Her four children could not agree on her care -- M and A applied for declaration of mother’s incapacity and their appointment as guardians of her personal care and property Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/police-powers-exigent-circumstances-863/ Wed, 19 Jul 2017 05:00:00 GMT Insider Insider Concern for officer safety constituted exigent circumstances resulting in delay in providing access to counsel News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/milligans-criminal-law-advisor-cash-bail-862/ Tue, 11 Jul 2017 05:00:00 GMT Insider Insider Supreme Court of Canada confirms that a recognizance has the same coercive effect as cash bail News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-intestate-succession-861/ Tue, 04 Jul 2017 05:00:00 GMT Insider Insider Although unusual, it was possible for person who dies without will to leave behind two or even more persons who might qualify as "spouse" under WESA for purposes of intestate estate distribution Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/celebrating-canadas-150th-860/ Fri, 30 Jun 2017 05:00:00 GMT Insider Insider Thomson Reuters wishes Canada a Happy 150! Legal Research Announcements https://www.westlawcanada.com/blog/insider/success-tips-for-new-associates-858/ Mon, 26 Jun 2017 05:00:00 GMT Insider Insider Join us on July 26, 2017 to learn how Thomson Reuters legal solutions can help you succeed as a new associate. Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-costs-against-a-personal-representative-857/ Fri, 16 Jun 2017 05:00:00 GMT Insider Insider Daughter failed in her role as fiduciary towards her father, and defendants’ posture amounted to more than mistake Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/introducing-proview-federated-search-856/ Wed, 14 Jun 2017 05:00:00 GMT Insider Insider With ProView Federated Search, you can simultaneously search content on westlaw Canada and nearly 300 eLooseleafs on ProView. View Video. Legal Research Announcements https://www.westlawcanada.com/blog/insider/digest-of-the-week-compensation-for-estate-trustees-855/ Fri, 26 May 2017 05:00:00 GMT Insider Insider Trustees were entitled to reimbursement for disbursements but not to compensation, as they had not presented time dockets and had engaged in troubling conduct with suggestions about trust that were contrary to beneficiary’s interests Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/digest-of-the-week-dependants-relief-853/ Fri, 19 May 2017 05:00:00 GMT Insider Insider By clawing back into father's net estate only that portion of proceeds of life insurance policy in excess of amount required to satisfy father's family law support obligations, funds may be made available to support other dependants while discharging existing support obligations Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/milligans-criminal-law-advisor-trafficking-fentanyl-851/ Wed, 10 May 2017 05:00:00 GMT Insider Insider BC Court of Appeal established sentencing range of 18-36 months for street trafficking of fentanyl News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-property-in-reproductive-material-852/ Wed, 10 May 2017 05:00:00 GMT Insider Insider Deceased freely and repeatedly expressed his consent to wife's use of reproductive material following his death Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/announcing-thomson-reuters-and-law-made-partnership-850/ Tue, 09 May 2017 05:00:00 GMT Insider Insider Thomson Reuters and Law Made are partnering to accelerate the advancement of innovation in legal technology in Canada. Small Law Firms Business Development Practice Management and Technology Legal Research Announcements https://www.westlawcanada.com/blog/insider/digest-of-the-week-criminal-negligence-causing-death-848/ Wed, 26 Apr 2017 05:00:00 GMT Insider Insider Accused provided drugs to victim who later died from extreme cold Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/weirfoulds-estates-trusts-newsletter-financial-abuse-of-the-elderly-849/ Wed, 26 Apr 2017 05:00:00 GMT Insider Insider Recent License Appeal Tribunal decision provides guidance on the issue of financial abuse of the elderly News and Views Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/milligans-criminal-law-advisor-prior-consistent-statement-847/ Tue, 11 Apr 2017 05:00:00 GMT Insider Insider The Ontario Court of Appeal allows an appeal and orders a new trial because the trial judge misused a prior consistent statement to bolster the credibility of the complainant News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/police-powers-screen-capture-846/ Thu, 06 Apr 2017 05:00:00 GMT Insider Insider Police used screen capture software to record computer chats with accused News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/emerging-issues-bulletin-4-drug-offences-in-canada-845/ Wed, 29 Mar 2017 05:00:00 GMT Insider Insider This edition of the Emerging Issues Bulletin discusses the road to cannabis legalization Legal Research Criminal https://www.westlawcanada.com/blog/insider/weirfoulds-estates-trusts-newsletter-limitation-periods-844/ Tue, 28 Mar 2017 05:00:00 GMT Insider Insider Two recent Ontario Court of Appeal decisions concerning the application of limitation periods in trusts and estates litigation are discussed News and Views Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-employment-law-ontario-dismissal-for-cause-misconduct-843/ Mon, 27 Mar 2017 05:00:00 GMT Insider Insider An employer may terminate an employment contract for just cause without giving notice to the employee. This excerpt provides an overview of the types of misconduct which are seen in the workplace and in what instances such misconduct may justify dismissal for cause. CED: An Overview of the Law Legal Research Labour & Employment https://www.westlawcanada.com/blog/insider/milligans-criminal-law-advisor-failure-to-stop-841/ Wed, 22 Mar 2017 05:00:00 GMT Insider Insider BC Court of Appeal holds that an accused who did not cause an accident may properly be convicted of failure to stop News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/thomson-reuters-named-to-the-2017-best-workplaces-for-women-in-canada-842/ Wed, 22 Mar 2017 05:00:00 GMT Insider Insider Thomson Reuters has received this honour after a thorough and independent analysis conducted by Great Places to Work Canada. News and Views Legal Research Announcements https://www.westlawcanada.com/blog/insider/weirfoulds-estates-trusts-newsletter-doctrine-of-rectification-838/ Wed, 08 Mar 2017 06:00:00 GMT Insider Insider In Canada v. Fairmont Hotels Inc., the Supreme Court of Canada narrows the scope of the doctrine of rectification News and Views Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/police-powers-racial-profiling-839/ Wed, 08 Mar 2017 06:00:00 GMT Insider Insider The Ontario court held in R. v. Simpson that racial profiling by customs agents may constitute a Charter violation News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/milligans-criminal-law-advisor-change-in-jeopardy-837/ Tue, 28 Feb 2017 06:00:00 GMT Insider Insider Ontario Court of Appeal holds that an accused’s statement should not have been admitted because there had been a change in jeopardy warranting another consultation with counsel News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-mines-and-minerals-ownership-829/ Wed, 15 Feb 2017 06:00:00 GMT Insider Insider This post provides an overview of the principles of ownership of minerals in western Canadian law. Topics covered include private ownership, Crown ownership, Indigenous ownership, and title. CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/news-and-views-interception-of-private-communications-830/ Wed, 15 Feb 2017 06:00:00 GMT Insider Insider Ontario Court of Appeal upholds authorization to intercept private communications as valid News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-bail-hearing-825/ Wed, 08 Feb 2017 06:00:00 GMT Insider Insider Ontario Court of Appeal holds that Gladue factors are applicable to bail hearings Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-meaning-of-by-five-days-826/ Wed, 08 Feb 2017 06:00:00 GMT Insider Insider The British Columbia Supreme Court discusses how to interpret "survive ... by five days" in the Wills, Estates and Succession Act. Digest of the Week Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/milligans-criminal-law-advisor-breathalyzer-instruments-822/ Thu, 26 Jan 2017 06:00:00 GMT Insider Insider Alberta Court of Appeal holds maintenance records for breathalyzer instruments are “third party” disclosure and defence counsel will rarely be able to obtain their production because they are not “likely relevant” News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/emerging-issues-bulletin-3-drug-offences-in-canada-816/ Wed, 18 Jan 2017 06:00:00 GMT Insider Insider This edition of the Emerging Issues Bulletin discusses the changing face of drug trafficking in Canada Legal Research Criminal https://www.westlawcanada.com/blog/insider/police-powers-plain-view-811/ Wed, 04 Jan 2017 06:00:00 GMT Insider Insider No unreasonable search where gun found in plain view during investigative detention News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/milligans-inducement-809/ Wed, 14 Dec 2016 06:00:00 GMT Insider Insider Accused's confession was voluntary where there was no nexus between the decision to confess and an "inducement" made by police News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-torts-principles-of-liability-808/ Fri, 09 Dec 2016 06:00:00 GMT Insider Insider This excerpt provides an introduction to the principles of liability in Canadian tort law. Topics covered include volition, motive, mistake, duty to the injured party, interest harmed, burden of proof, and concurrent liability in contract and tort. CED: An Overview of the Law Litigation Support Legal Research Litigation https://www.westlawcanada.com/blog/insider/police-powers-anonymous-informant-806/ Tue, 06 Dec 2016 06:00:00 GMT Insider Insider Information provided by an unknown anonymous informant amounted to reasonable and probable grounds to arrest the accused for drug trafficking News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/milligans-criminal-law-advisor-gladue-principles-801/ Wed, 30 Nov 2016 06:00:00 GMT Insider Insider Ontario court holds "Gladue" principles apply to bail applications heard by the Court of Appeal News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/video-your-fastest-way-to-get-up-to-speed-on-any-legal-issue-798/ Mon, 28 Nov 2016 06:00:00 GMT Insider Insider Discover how you can get up to speed on any legal issue in a fraction of the time. View video. Legal Research https://www.westlawcanada.com/blog/insider/police-powers-abandoned-backpack-800/ Wed, 23 Nov 2016 06:00:00 GMT Insider Insider Search of abandoned backpack containing shotgun and ammunition found not to violate accused's s. 8 rights. News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/sample-legal-memo-imputation-of-income-797/ Fri, 18 Nov 2016 06:00:00 GMT Insider Insider This Sample Famly Law Memo analyzes the legal issue of whether a spouse is intentionally underemployed or unemployed such that it will impute the income for the purpose of calculating child support. Legal Research Family https://www.westlawcanada.com/blog/insider/milligans-criminal-law-advisor-particulars-alleged-794/ Wed, 16 Nov 2016 06:00:00 GMT Insider Insider Yukon Court of Appeal holds date and locale alleged in indictment are material and must be proven by Crown News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/video-find-more-leading-cases-on-point-faster-791/ Thu, 10 Nov 2016 06:00:00 GMT Insider Insider Discover how westlaw Canada allows you to find more leading cases on point faster. View video. Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-support-animal-784/ Wed, 26 Oct 2016 05:00:00 GMT Insider Insider BC court grants complainant's application to testify with pet dog on her lap at dangerous offender hearing Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-warrantless-search-777/ Wed, 19 Oct 2016 05:00:00 GMT Insider Insider Court held that officer could not rely on intuition as basis for warrantless search of university student's backpack Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/research-tip-drafting-assistant-775/ Wed, 12 Oct 2016 05:00:00 GMT Insider Insider Did you know that westlaw Canada’s Litigator can help you find the witness you need to make your case? Research Tips Legal Research https://www.westlawcanada.com/blog/insider/research-tip-new-research-and-writing-tools-774/ Tue, 11 Oct 2016 05:00:00 GMT Insider Insider 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. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/news-and-views-milligans-criminal-law-advisor-770/ Wed, 05 Oct 2016 05:00:00 GMT Insider Insider Empty beer cans in the accused's vehicle gave an air of reality to the possibility that the accused engaged in bolus drinking News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/case-comment-r-v-curry-764/ Wed, 28 Sep 2016 05:00:00 GMT Insider Insider R. v. Curry (2016), 2016 BCSC 1435, 2016 CarswellBC 2152 (B.C. S.C.) Legal Research Criminal https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-incorporation-765/ Wed, 28 Sep 2016 05:00:00 GMT Insider Insider 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. CED: An Overview of the Law Legal Research Corporate Commercial https://www.westlawcanada.com/blog/insider/the-emerging-legal-technology-forum-751/ Thu, 15 Sep 2016 05:00:00 GMT Insider Insider Join top legal industry professionals and change leaders at The Emerging Legal Technology Forum September 22. News and Views Small Law Firms Business Development Practice Management and Technology Legal Research https://www.westlawcanada.com/blog/insider/news-and-views-police-powers-750/ Wed, 14 Sep 2016 05:00:00 GMT Insider Insider Alberta court holds accused failed to establish privacy interest in text messages sent from cell phones belonging to third party News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-hearsay-evidence-740/ Wed, 31 Aug 2016 05:00:00 GMT Insider Insider Text messages sent by complainant in the midst of the events in question were admitted as evidence under the principled approach to hearsay Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/news-and-views-milligans-criminal-law-advisor-733/ Wed, 17 Aug 2016 05:00:00 GMT Insider Insider Supreme Court of Canada upholds taking of penile swab as lawful search incidental to arrest in sexual assault case News and Views Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-exclusion-of-evidence-obtained-in-a-manner-725/ Wed, 10 Aug 2016 05:00:00 GMT Insider Insider 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." Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-unjust-enrichment-722/ Mon, 08 Aug 2016 05:00:00 GMT Insider Insider 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. CED: An Overview of the Law Legal Research Family https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-trusts-723/ Mon, 08 Aug 2016 05:00:00 GMT Insider Insider 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. CED: An Overview of the Law Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/sample-legal-memo-breath-sample-demands-715/ Thu, 28 Jul 2016 05:00:00 GMT Insider Insider This sample legal memo discusses how long "as soon as practicable" is within the meaning s.254(3). Legal Research Criminal https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-arrest-705/ Mon, 25 Jul 2016 05:00:00 GMT Insider Insider This post gives an overview of the criminal law procedure involved in arrests, including a definition of the term, notice required, arrest without a warrant, and the powers of a peace officer incidental to arrest. CED: An Overview of the Law Legal Research Criminal https://www.westlawcanada.com/blog/insider/emerging-issues-bulletin-drug-offences-in-canada-702/ Thu, 21 Jul 2016 05:00:00 GMT Insider Insider This Emerging Issues Bulletin discusses the escalating threat of fentanyl and W-18, the rise of Internet-based drug importation schemes, and the outcomes of the April 2016 United Nations General Assembly Special Session on Drugs Legal Research Criminal https://www.westlawcanada.com/blog/insider/case-comment-po-v-attorney-general-canada-676/ Tue, 05 Jul 2016 05:00:00 GMT Insider Insider This post discusses a recent decision of the Ontario Superior Court in which the court authorized a doctor-assisted death for an applicant suffering from incurable cancer. Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-reasonable-expectation-of-privacy-651/ Wed, 15 Jun 2016 05:00:00 GMT Insider Insider B.C. Court of Appeal finds accused had reasonable expectation of privacy in social media messages Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-electronic-device-634/ Wed, 01 Jun 2016 05:00:00 GMT Insider Insider R. v. Nero 2016 CarswellOnt 2699 Ontario Court of Appeal Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/research-tip-retrieve-multiple-documents-626/ Thu, 26 May 2016 05:00:00 GMT Insider Insider Research Tips Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-aboriginal-offenders-618/ Wed, 25 May 2016 05:00:00 GMT Insider Insider Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/westlaw-canada-is-the-2016-winner-of-the-hugh-lawford-award-623/ Wed, 25 May 2016 05:00:00 GMT Insider Insider We are excited to announce that last week, westlaw Canada received the Hugh Lawford Award for Excellence in Legal Publishing. Research Tips Small Law Firms Business Development Practice Management and Technology Litigation Support Legal Research Corporate Commercial Criminal Estates & Trusts Family Labour & Employment Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-aiding-and-abetting-608/ Wed, 18 May 2016 05:00:00 GMT Insider Insider Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/word-of-the-week-wilful-blindness-609/ Wed, 18 May 2016 05:00:00 GMT Insider Insider R. v. Chang | 2015 CarswellBC 337 | British Columbia Court of Appeal Word of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/sample-legal-memo-child-support-607/ Tue, 17 May 2016 05:00:00 GMT Insider Insider This sample legal memo analyzes the payment of child support for a child living away from home attending university. Legal Research Family https://www.westlawcanada.com/blog/insider/word-of-the-week-sexting-596/ Wed, 11 May 2016 05:00:00 GMT Insider Insider R. v. B. (S.) | 2014 CarswellBC 3599 | British Columbia Provincial Court Word of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-right-to-counsel-597/ Wed, 11 May 2016 05:00:00 GMT Insider Insider Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/word-of-the-week-lockdowns-576/ Mon, 25 Apr 2016 05:00:00 GMT Insider Insider R. v. Oates (2012) | 2012 CarswellOnt 9022 | Ontario Court of Justice Word of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-evidence-burden-of-proof-568/ Thu, 21 Apr 2016 05:00:00 GMT Insider Insider This post examines the burdens and standards of proof within our legal system, as well as the related concepts of presumptions of fact, rebuttable presumptions and reverse onus presumptions and the Charter of Rights and Freedoms. CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/research-tip-browse-all-for-legislation-556/ Mon, 21 Mar 2016 05:00:00 GMT Insider Insider Legal researchers can now review legislation in a single document instead of section by section. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-provincial-laws-of-general-application-apply-to-indigenous-people-554/ Tue, 15 Mar 2016 05:00:00 GMT Insider Insider Recent Ontario case which confirms that Indigenous people are not exempt from provincial laws of general application. Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-discretion-in-immigration-decisions-549/ Tue, 08 Mar 2016 06:00:00 GMT Insider Insider Federal Court of Appeal case which found that when a claimant has been found inadmissible for security reasons, no discretion to determine refugee eligibility. Digest of the Week Legal Research Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-cant-appeal-on-issues-not-raised-at-trial-546/ Tue, 01 Mar 2016 06:00:00 GMT Insider Insider British Columbia case in which the appellant raised a ground of appeal that had not been argued at trial. Digest of the Week Legal Research Corporate Commercial Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-mechanical-failure-not-negligence-540/ Tue, 23 Feb 2016 06:00:00 GMT Insider Insider Failure of car's emergency brake not in control of defendant, didn't constitute negligence. Digest of the Week Legal Research Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-unilateral-change-to-employment-contract-stands-538/ Wed, 17 Feb 2016 06:00:00 GMT Insider Insider This post summarizes an employment case in which the employer was held to a unilateral change it had made to the employment contract Digest of the Week Legal Research Labour & Employment Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-admissibility-of-oral-history-evidence-526/ Tue, 26 Jan 2016 06:00:00 GMT Insider Insider This post summarizes a Federal Court case which dealt with the admissibility of Aboriginal oral history which would normally be considered hearsay Digest of the Week Legal Research Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-limitation-of-liability-523/ Tue, 19 Jan 2016 06:00:00 GMT Insider Insider Can a bailee rely on a limitation of liability clause to avoid liability for negligence? Digest of the Week Legal Research Corporate Commercial Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-right-to-counsel-not-invoked-515/ Tue, 05 Jan 2016 06:00:00 GMT Insider Insider No basis to interfere with finding accused did not invoke his right to speak to counsel under s. 10(b) of the Charter of Rights and Freedoms Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-a-little-bit-of-everything-511/ Tue, 15 Dec 2015 06:00:00 GMT Insider Insider This post summarizes a recent Ontario case that involves nuisance, strict liability, remedies issues, and malicious prosecution Digest of the Week Legal Research Litigation https://www.westlawcanada.com/blog/insider/phrase-of-the-week-aboriginal-title-509/ Mon, 14 Dec 2015 06:00:00 GMT Insider Insider Ross River Dena Council v. Canada (Attorney General) | 2015 CarswellYukon 67 | Yukon Territory Supreme Court Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/phrase-of-the-week-blank-ballot-505/ Mon, 07 Dec 2015 06:00:00 GMT Insider Insider Beaudry-Mellor v. Swidnicki | 2012 CarswellSask 793 | Saskatchewan Court of Queen's Bench Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-immigration-and-refugees-503/ Thu, 03 Dec 2015 06:00:00 GMT Insider Insider This post concisely summarizes how the Immigration and Refugee Protection Act deals with people deemed inadmissible to Canada for various reasons. CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-liberty-interest-requires-presence-of-accused-501/ Tue, 01 Dec 2015 06:00:00 GMT Insider Insider This post summarizes a Quebec Court of Appeal case which confirmed that when their liberty interest is engaged, the accused has a right to be heard. Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/digest-of-the-week-best-interests-of-the-child-497/ Tue, 24 Nov 2015 06:00:00 GMT Insider Insider Summarizes an Ontario Court of Appeal case in which the court had to consider the role domestic violence should play in determining best interests of the child. Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/phrase-of-the-week-university-outside-canada-496/ Mon, 23 Nov 2015 06:00:00 GMT Insider Insider Shea v. R. | 2008 CarswellNat 833 | Tax Court of Canada Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-does-same-city-name-passing-off-492/ Tue, 17 Nov 2015 06:00:00 GMT Insider Insider This post summarizes a recent BC case which hinged on whether two colleges named after the same city led to unfair competition. Digest of the Week Legal Research Corporate Commercial https://www.westlawcanada.com/blog/insider/digest-of-the-week-when-does-right-to-counsel-include-a-right-to-funding-488/ Tue, 10 Nov 2015 06:00:00 GMT Insider Insider This post summarizes a recent case in which a person on trial for first degree murder successfully applied for an order directing the government to fund counsel Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/research-tip-using-quantums-on-westlaw-canada-485/ Thu, 05 Nov 2015 06:00:00 GMT Insider Insider Quantum services are a powerful research tool for litigators that allow you to quickly assess the value of a claim. Learn how to use them on westlaw Canada. Research Tips Legal Research Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-must-lawyer-take-instruction-from-both-spouses-483/ Wed, 04 Nov 2015 06:00:00 GMT Insider Insider Summary of recent Alberta case in which claim was made that a lawyer needed to take instruction from both the husband and wife to complete a transaction. Digest of the Week Legal Research Family Litigation https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-privacy-and-freedom-of-information-479/ Thu, 29 Oct 2015 05:00:00 GMT Insider Insider This post describes the procedures a person seeking access to records under freedom of information laws must follow in each jurisdiction in Canada. CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-does-courthouse-named-after-plaintiff-bias-court-478/ Tue, 27 Oct 2015 05:00:00 GMT Insider Insider Interesting case from Newfoundland in which the defendant claims infringement of his fair trial rights because courthouse was named after personal plaintiff. Digest of the Week Legal Research Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-was-marriage-a-sham-469/ Wed, 14 Oct 2015 05:00:00 GMT Insider Insider This post summarizes a Newfoundland case in which the Court had to determine whether the parties had been validly married. Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-contracts-461/ Thu, 01 Oct 2015 05:00:00 GMT Insider Insider This post examines the general principles behind the interpretation of contracts, and an overview of the burden of proof for construction and interpretation. CED: An Overview of the Law Legal Research Corporate Commercial https://www.westlawcanada.com/blog/insider/digest-of-the-week-no-contracting-out-of-child-support-460/ Tue, 29 Sep 2015 05:00:00 GMT Insider Insider Summary of a recent New Brunswick case in which a former same sex spouse attempted to contract out of child support obligations. Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/digest-of-the-week-charter-protection-for-religious-freedom-452/ Tue, 08 Sep 2015 05:00:00 GMT Insider Insider Interesting case from BC Court of Appeal dealing with protection of Aboriginal religious rights under s 2(a) of the Charter. Digest of the Week Legal Research https://www.westlawcanada.com/blog/insider/research-tip-monitor-citing-references-with-keycite-alert-450/ Thu, 03 Sep 2015 05:00:00 GMT Insider Insider This post explains how to set up a KeyCite Alert in westlaw Canada to automatically monitor citing references. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-are-the-child-support-guidelines-ultra-vires-449/ Tue, 01 Sep 2015 05:00:00 GMT Insider Insider Summary of an interesting Supreme Court case in which the validity of the federal Child Support Guidelines was challenged in the Federal Court Digest of the Week Legal Research Family https://www.westlawcanada.com/blog/insider/news-and-views-case-comment-on-frank-v-canada-attorney-general-444/ Wed, 26 Aug 2015 05:00:00 GMT Insider Insider Case comment on Frank v Canada (Attorney General) in which the Ontario Court of Appeal upheld restrictions on non-residents voting in Federal elections News and Views Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-effect-of-mistaken-disclusure-442/ Tue, 18 Aug 2015 05:00:00 GMT Insider Insider Can the defence use therapeutic records after the Crown includes them in disclosure by mistake? Digest of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/news-and-views-case-comment-on-green-v-law-society-of-manitoba-435/ Wed, 05 Aug 2015 05:00:00 GMT Insider Insider Case comment on a recent Manitoba Court of Appeal case in which a lawyer unsuccessfully challenged the validity of the Law Society's continuing professional development requirements. News and Views Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-do-cows-swim-428/ Tue, 28 Jul 2015 05:00:00 GMT Insider Insider A classic from the cows-on-highway genre: is it reasonably foreseeable that cows will swim? Digest of the Week Legal Research https://www.westlawcanada.com/blog/insider/research-tip-expertly-drafted-legal-memoranda-sample-a-legal-memo-433/ Mon, 27 Jul 2015 05:00:00 GMT Insider Insider Discover the exclusive legal memoranda collection on westlaw Canada. Request a sample legal memo to see how it can help you with your legal research and save you valuable time. Research Tips Legal Research Litigation https://www.westlawcanada.com/blog/insider/digest-of-the-week-who-owns-wild-animals-423/ Tue, 21 Jul 2015 05:00:00 GMT Insider Insider This post summarizes an interesting case from Newfoundland which looked at the question of whether the Crown "owns" wild animals for the purposes of liability. Digest of the Week Legal Research https://www.westlawcanada.com/blog/insider/phrase-of-the-week-legitimate-expectations-doctrine-418/ Mon, 13 Jul 2015 05:00:00 GMT Insider Insider Sturdy Truck Body (1972) Ltd. v. Minister of National Revenue | 1995 CarswellNat 419 | Federal Court — Trial Division Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/phrase-of-the-week-magic-number-test-407/ Mon, 22 Jun 2015 05:00:00 GMT Insider Insider Wrzesnewskyj v. Canada (Attorney General) | 2012 CarswellOnt 12998 | Supreme Court of Canada Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-constitutional-law-charter-right-to-life-liberty-and-security-of-the-person-375/ Thu, 07 May 2015 05:00:00 GMT Insider Insider This post explains Section 7 of the Charter of Rights and Freedoms, which guarantees the right to life, liberty and security of the person. CED: An Overview of the Law Legal Research Criminal https://www.westlawcanada.com/blog/insider/research-tip-noting-up-quebec-statutes-374/ Thu, 30 Apr 2015 05:00:00 GMT Insider Insider This post explains how legal researchers can properly note up Quebec statutes on westlaw Canada Research Tips Legal Research https://www.westlawcanada.com/blog/insider/news-and-views-new-content-types-now-included-in-the-index-to-canadian-legal-literature-346/ Wed, 25 Mar 2015 05:00:00 GMT Insider Insider This post by the editor of the Index to Canadian Legal Literature describes a number of new types of material now included in the Index. News and Views Legal Research https://www.westlawcanada.com/blog/insider/research-tip-introducing-new-auto-suggest-feature-339/ Tue, 17 Mar 2015 05:00:00 GMT Insider Insider This post explains how legal researchers can use westlaw Canada's new auto-suggest feature to find cases by name even faster and more efficiently. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-cpd-requirements-dont-breach-procedural-fairness-325/ Tue, 24 Feb 2015 06:00:00 GMT Insider Insider This post summarises a recent Manitoba Queen's Bench case in which a lawyer unsuccessfully challenged the validity of the Law Society's continuing professional development requirements. Digest of the Week Legal Research https://www.westlawcanada.com/blog/insider/phrase-of-the-week-residential-driveway-324/ Mon, 23 Feb 2015 06:00:00 GMT Insider Insider O'Brien Paving Inc. v. Hill | 2012 CarswellOnt 8794 (Ont. L.R.B.) | Waddingham Vice Chair Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-parliamentary-privilege-310/ Tue, 27 Jan 2015 06:00:00 GMT Insider Insider This post summarises a recent Ontario Superior Court of Justice case in which the defendant sought to strike portions of the Crown's statement of claim on the basis of Parliamentary privilege. Digest of the Week Legal Research https://www.westlawcanada.com/blog/insider/research-tip-search-methods-in-westlaw-canada-295/ Tue, 30 Dec 2014 06:00:00 GMT Insider Insider This post explains how to effectively search on westlaw Canada, using either plain language or Boolean terms and connectors methods. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-negligent-home-inspection-293/ Tue, 23 Dec 2014 06:00:00 GMT Insider Insider This post summarizes a Nova Scotia Small Claims case in which homeowners sued their home inspector for negligence. Despite the finding of negligence, the inspector was able to enforce the limitation of liability clause in the contract. Digest of the Week Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-gone-fishin-289/ Tue, 16 Dec 2014 06:00:00 GMT Insider Insider R. v. Pick | 2014 CarswellSask 677 | Saskatchewan Provincial Court Digest of the Week Legal Research https://www.westlawcanada.com/blog/insider/research-tip-using-the-mcgill-guide-on-westlaw-canada-275/ Thu, 13 Nov 2014 06:00:00 GMT Insider Insider The McGill Guide is now available on westlaw Canada. Learn how to use it with this research tip. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/word-of-the-week-culture-263/ Mon, 20 Oct 2014 05:00:00 GMT Insider Insider R. v. Goodstriker | 2012 CarswellAlta 2223 (Alta. Prov. Ct.) | LeGrandeur Prov. J. Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-elections-municipal-elections-255/ Thu, 02 Oct 2014 05:00:00 GMT Insider Insider The upcoming municipal election in Toronto (and the rest of Ontario) may have you wondering – just who can run, anyway? And for that matter, who can vote? This excerpt from the CED Elections title covers candidates, including eligibility, nominations, withdrawal or death of candidates, election by acclamation, and agents of candidates, as well as the eligibility of electors, preparation and conclusiveness of the voters list and voting by proxy. CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/research-tip-using-new-abridgment-features-249/ Tue, 23 Sep 2014 05:00:00 GMT Insider Insider Learn how to use the latest Canadian Abridgment features to make you research even more efficient. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-no-negligence-in-not-allowing-passenger-to-board-plane-247/ Tue, 16 Sep 2014 05:00:00 GMT Insider Insider Robotham v. WestJet Airlines | 2014 CarswellOnt 7043 | Ontario Superior Court of Justice Digest of the Week Legal Research https://www.westlawcanada.com/blog/insider/research-tip-using-laboursource-232/ Thu, 14 Aug 2014 05:00:00 GMT Insider Insider Learn how to use LabourSource, new to westlaw Canada. Research Tips Legal Research Labour & Employment https://www.westlawcanada.com/blog/insider/research-tip-using-folders-to-organize-your-research-227/ Thu, 31 Jul 2014 05:00:00 GMT Insider Insider Learn how to use the new research management tools on westlaw Canada to work and collaborate more efficiently. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/digest-of-the-week-admissibility-of-extrinsic-evidence-in-tax-matters-224/ Tue, 29 Jul 2014 05:00:00 GMT Insider Insider Henco Industries Ltd. v. R. | 2014 CarswellNat 2012 | Tax Court of Canada Digest of the Week Legal Research https://www.westlawcanada.com/blog/insider/phrase-of-the-week-sparrow-test-219/ Mon, 21 Jul 2014 05:00:00 GMT Insider Insider R. v. Lefthand | 2007 CarswellAlta 850 | Slatter J.A. Word of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/word-of-the-week-oakes-test-211/ Mon, 07 Jul 2014 05:00:00 GMT Insider Insider R. v. Penno | 1990 CarswellOnt 1003 | Lamer C.J.C. Word of the Week Legal Research Criminal https://www.westlawcanada.com/blog/insider/research-tips-keycite-depth-of-treatment-in-westlaw-canada-156/ Thu, 13 Mar 2014 05:00:00 GMT Insider Insider With westlaw Canada, researchers have a new tool in KeyCite to help them identify relevant citing references. Learn more about Depth of Treatment with this research tip. Research Tips Legal Research https://www.westlawcanada.com/blog/insider/research-tip-new-criminal-cross-references-added-to-abridgment-key-148/ Thu, 27 Feb 2014 06:00:00 GMT Insider Insider How can researchers find cases dealing with offences enacted since the print Criminal Law title was last reissued? Learn how with this research tip. Research Tips Legal Research Criminal https://www.westlawcanada.com/blog/insider/phrase-of-the-week-magic-number-test-145/ Mon, 24 Feb 2014 06:00:00 GMT Insider Insider Wrzesnewskyj v. Canada (Attorney General) | 2012 CarswellOnt 12998 | Rothstein, Moldaver JJ. Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/research-tips-estates-trusts-source-on-westlaw-canada-133/ Thu, 30 Jan 2014 06:00:00 GMT Insider Insider A tour of some changes to Estates&TrustsSource on the new westlaw Canada platform Research Tips Legal Research Estates & Trusts https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-municipal-corporations-110/ Thu, 05 Dec 2013 06:00:00 GMT Insider Insider In the wake of the controversy surrounding Toronto’s Mayor Rob Ford, there has been considerable attention on what legal grounds allow for the removal of an elected mayor from office. This C.E.D post provides an overview of grounds for removal. Interestingly, Ontario is one of the few jurisdictions where a criminal conviction alone is insufficient to remove a member of council or a mayor. However, being unable to vote in a municipal election disqualifies a person from holding office, and persons serving penal sentences are not permitted to vote in municipal elections. Therefore, a member of council or a mayor who is serving a penal sentence may be removed from office on the ground of being ineligible to vote in a municipal election. CED: An Overview of the Law Legal Research Corporate Commercial https://www.westlawcanada.com/blog/insider/word-of-the-week-student-loans-97/ Mon, 11 Nov 2013 06:00:00 GMT Insider Insider Senten, Re | 2011 CarswellOnt 13104 | Reg. Scott W. Nettie Word of the Week Legal Research Corporate Commercial https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-mental-incapacity-92/ Wed, 30 Oct 2013 05:00:00 GMT Insider Insider On October 18, the Supreme Court of Canada released Cuthbertson v. Rasouli, 2013 CarswellOnt 14113, a decision affirming that a physician must obtain the consent of a patient’s substitute decision maker in order to withdraw life support. If the substitute decision maker refuses to give consent, the physician may challenge the refusal before the Consent and Capacity Board. The following excerpt contains a detailed overview of the law concerning the treatment of patients who are mentally incapable of providing consent. CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/word-of-the-week-sewer-76/ Mon, 23 Sep 2013 05:00:00 GMT Insider Insider Quiring v. Ontario (Director, Ministry of the Environment) (2013) | 2013 CarswellOnt 583 | Marcia Valiante (Member) Word of the Week Legal Research Corporate Commercial https://www.westlawcanada.com/blog/insider/word-of-the-week-podium-64/ Mon, 19 Aug 2013 05:00:00 GMT Insider Insider "[I]t would be at least counterintuitive for a “base” or “pedestal” to be more prominent than what it is supporting." Word of the Week Legal Research Corporate Commercial https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-aboriginal-law-62/ Wed, 14 Aug 2013 05:00:00 GMT Insider Insider The duty to consult is a critical issue in the law governing the relationship between the Crown and Aboriginal peoples in Canada. This month's excerpt is an explanation of this important topic from the newly published Aboriginal Law title of the Canadian Encyclopedic Digest. CED: An Overview of the Law Legal Research https://www.westlawcanada.com/blog/insider/word-of-the-week-english-civil-war-33/ Mon, 24 Jun 2013 05:00:00 GMT Insider Insider [a] long, difficult and often bloody struggle between the Crown and Parliament culminated in the victory of the Parliamentarians in the so-called “Glorious Revolution” Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/ced-an-overview-of-the-law-human-rights-37/ Thu, 06 Jun 2013 05:00:00 GMT Insider Insider Human Rights is a rich and complex area of law within Canadian jurisprudence. One distinguishing feature of human rights legislation is its “quasi-constitutional” status, which is associated with special rules of statutory interpretation. This post provides a concise summary of those rules, as well as a discussion of constitutional aspects of human rights law, and the burden of proof on human rights claimants. CED: An Overview of the Law Legal Research Labour & Employment https://www.westlawcanada.com/blog/insider/word-of-the-week-floating-ball-30/ Mon, 03 Jun 2013 05:00:00 GMT Insider Insider Over the course of the three and a half years of play, one particular manoeuvre of the dealer drew frequent comments and complaints. Word of the Week Legal Research https://www.westlawcanada.com/blog/insider/research-tip-referred-to-vs-considered-34/ Thu, 30 May 2013 05:00:00 GMT Insider Insider What's the difference between "referred to" and "considered" in KeyCite? Research Tips Legal Research