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Archives : 2016

Between conviction and sentencing of the accused, the release of a recent Supreme Court of Canada decision amounted to a fundamental restatement of the law that created a rebuttable presumption where no defence had previously existed – although new arguments on appeal were generally prohibited, the appellate court overturned the accused’s conviction and ordered a new trial.

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R. v. InfoSpec Systems Inc. | 2013 CarswellBC 2145 | British Columbia Court of Appeal

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Legal Wit — Two Heads Better? Maybe Not

There's an old saying: "Two Heads Are Better Than One".

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This post covers some basic principles governing the granting of injunctions, such as the jurisdiction of the court, the nature of the remedy, and the various types of injunctions.

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Recent joint family venture decision which provides a useful review of the principles of constructive trust and unjust enrichment.

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This post summarizes a Federal Court case which dealt with the admissibility of Aboriginal oral history which would normally be considered hearsay

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Legal Wit — By Any Other Name

Shakespeare once said that a rose by any other name smells as sweet.

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Can a bailee rely on a limitation of liability clause to avoid liability for negligence?

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The Supreme Court of Canada held the unpaid concessionaire of a toll highway could not block the licence renewal of a driver who obtained a discharge from bankruptcy listing outstanding tolls.

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Legal Wit — Know When to Hold 'Em

Here it cannot be said that [insurance adjuster] balked at his cross-examination or that the Plaintiff was in any manner frustrated in doing a meaningful cross-examination.

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Recent case finds passenger not arbitrarily detained at roadside when vehicle pulled over by police

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Recent decision in which a Saskatchewan court refused to retroactively vary a fixed and definite child support agreement.

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