LEGAL TOPICS: Legal Wit

Legal Wit - An Open Mind

… a tribunal must be free to follow precedent even when it is not obliged to. It would be mischievous to oblige a tribunal to shut its eyes to its own previous decisions, policies, and interpretations.

READ MORE »

Legal Wit - Cacophony of Construction

Modern urban construction has become an increasingly complex affair.

READ MORE »

Legal Wit - A Prescribed Revolution

In 1993, the Government of Canada enacted the "Patented Medicines (Notice of Compliance) Regulations", SOR/93-133 (the "PMNOC Regulations").

READ MORE »

Legal Wit - Locker-room Advice

It is sometimes suggested that it is better to ask forgiveness than to ask for permission. That kind of locker-room advice was never good advice in a marriage and is not particularly useful in court either.

READ MORE »

Legal Wit - Believe in Me!

Creditors have better memories than debtors. Benjamin Franklin, circa 1758

READ MORE »

Legal Wit — Down the Rabbit Hole

As I listened to [the defendant] attempt to explain his theory I found it hard not to feel that I was being invited on a trip down the rabbit hole:  "When/use a word," Humpty Dumpty said, in rather a scornful tone, "it means just what I choose it to mean - neither more nor less.

READ MORE »

Legal Wit — Disclosure

  If people put as much effort into making disclosure as they do preparing costs submissions — perhaps they could have avoided having to make cost submissions.

READ MORE »

Legal Wit — Litigation in the Ditch

The plaintiff who treats a defence motion for summary judgment as a speed bump on the long highway to trial risks crashing its case in the deep ditch of dismissal.

READ MORE »

Legal Wit — Man's Best Neighbour?

While it is widely accepted that the dog is man's best friend, it is less certain whether the dog is man's best neighbour.

READ MORE »

Legal Wit — Argumentative Fences

Counsel provided me with case law which unhappily illustrates the fact that fences, which ostensibly might create good neighbours, in fact seem capable of creating legal arguments.

READ MORE »

Legal Wit — Skirmishes

This was a skirmish in this particular theatre of war between the two sides.

READ MORE »

Legal Wit — Good Fences

In "Mending Wall"1 , poet Robert Frost and his neighbour are engaged in their annual spring ritual of repairing the stacked stone wall that divides their properties.

READ MORE »