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Archives : 2016

OPSEU v. Ontario (Minister of Education) (2016) 2016 CarswellOnt 6400, 2016 ONSC 2197 Ontario Superior Court of Justice

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Alberta (Child Youth and Family Enhancement Act, Director) v. B. (A.) | 2015 CarswellAlta 1794 | Alberta Provincial Court

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Digest of the Week | Lack of Disclosure

Recent Ontario Superior Court of Justice case in which a separation agreement was set aside due to lack of disclosure.

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John v. Toronto (City) (2016), 2016 ONSC 2012, 2016 CarswellOnt 4595, [2016] O.J. No. 1526 (Ont. S.C.J.) at para. 46 Bielby J.

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Digest of the Week | Amendment of Pleadings

The Ontario Superior Court of Justice reviews circumstances under which pleadings may be amended.

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Digest of the Week – Liability of Officers

This digest highlights a recent Ontario Superior Court of Justice decision where the Court dismissed an application to strike the plaintiff’s claim, holding that corporate officers could be separately liable if they engaged in tortious conduct independent of the purposes of the corporation.

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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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Digest of the Week | Accommodation

Employee discharged for violation of terms and conditions of employment unilaterally imposed by employer to try and accommodate the employee’s alcoholism

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Phrase of the Week | Last Chance Agreement

Lilydale Inc. and RWDSU, Local S-955, Re (2015) 2015 CarswellSask 529 Saskatchewan Arbitration

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Epstein’s This Week in Family Law | Without Prejudice

Recent decision in which the judge found that a binding agreement arose from without prejudice negotiations.

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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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