Category: Miscellany

Can materials disclosed in a civil action be used in a criminal one?

Heather Douglas examines exactly this question in her recent article, “Can Discovery Evidence Be Used in a Criminal Case?” on SLAW. The Division Court in S.C. v N.S., 2017 ONSC 5566 said that it was entirely up to the trial judge: [35] […] this plain reading of the Rule does not mean that the appellant […]

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Updated “income sprinkling” proposals for private corporations

“Updated proposals related to “income sprinkling” have now been released by the Department of Finance. Income sprinkling generally refers to the transferring of income that would otherwise be taxed in the hands of one taxpayer at a relatively high tax rate to another taxpayer at a lower tax rate. This approach is commonly implemented to […]

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Gen. Lawson, RCAF

Gen. Tom Lawson (RCAF, ret.), former Chief of Defence Staff, gave an engaging talk to a Canadian Club crowd including many high-schoolers. I thank Gen. Lawson for making time for me at the end to discuss the F-35 and educate me a bit on it.

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Unjust Enrichment

Unjust enrichment is a doctrine for the compensation of one who has unjustly received a benefit from another in a manner that the law will correct. It is a principle of “equity”. Thomson-Carswell’s Dictionary of Canadian Law (3d ed) neatly summarizes the doctrine: “ An action for unjust enrichment arises when three elements are satisfied: […]

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On the proposed LSUC name change from “Upper Canada” to “Ontario”

LSUC Bencher Michael Lerner has asked our opinion on Convocation’s decision to change the Law Society’s name away from “Upper Canada”. Here is my letter in reply. Good morning, Mr. Lerner. Thank you for seeking our opinions. That said, and with respect, I really don’t think it should have been a benchers’ decision at all. […]

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A welcome win against excessive technicalities

Biancaniello v. DMCT LLP 2017 ONCA 386 Ontario’s Court of Appeal has struck a welcome blow for wide-ranging general language and against requiring excessive length and specificity in contracts.  The Court decided that clarified that “exceptionally comprehensive” language wasn’t necessarily required to release claims that were unknown at the time the release was signed. “[T]he language […]

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“Sometimes Legal Aid Is the Problem, Not the Solution”. Superb article.

Sometimes Legal Aid Is the Problem, Not the Solution

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“Looking for a sweet peacekeeping spot in Africa? Don’t do it.”

“Looking for a sweet peacekeeping spot in Africa? Don’t do it.”  by Lew MacKenzie (MGen. ret.). Sitrep, RCMI, January-February, 2017. Looking for a Sweet Peacekeeping Spot in Africa – 2017-02 Sitrep Reprinted here with the kind permission of the Royal Canadian Military Institute.

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“Are They Soldiers? Or Are They Children?” Part 2

“Are They Soldiers?  Or Are They Children?  Preparing the Canadian Military for the Contemporary Security Environment.”  by Lindsay Coombs.  Part 2. Are they Soldiers or Children – Part 2 – 2017-02 Sitrep Reprinted here with the kind permission of the Royal Canadian Military Institute.

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“Are They Soldiers? Or Are They Children?” Part 1

“Are They Soldiers?  Or Are They Children?  Preparing the Canadian Military for the Contemporary Security Environment.”  by Lindsay Coombs.  Part 1.  Sitrep, RCMI, November-December, 2016. Are they Soldiers or Children – Part 1 – 2016-12 Sitrep Reprinted here with the kind permission of the Royal Canadian Military Institute.

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