Supreme Court Clarifies Consultation Responsibilities
[vc_row][vc_column][vc_column_text]August 21, 2014 The Supreme Court of Canada recently released two significant decisions that will affect development in Northwestern Ontario – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 and Grassy Narrows First Nation v. Ontario, 2014 SCC 48. Tsilhqot’in is the first case to declare the existence of Aboriginal title over approximately 1700 square kilometres of remote lands […]
Straight Talk On Weddings And The Law: Part II
[vc_row][vc_column][vc_column_text]August 11, 2014 By Fhara Pottinger In my prior article on this topic, I explained why it is important to get it in writing and be specific. Recent news reports have illustrated this again. A young couple are suing the hotel in which their wedding was held due to the behaviour of one of the other hotel […]
“Bad Faith” Insurance Claims
[vc_row][vc_column][vc_column_text]August 6, 2014 By Brian Babcock Insurance policies are a special sort of contract which courts have described as “peace of mind” contracts. That is, part of what we pay for in our premiums is the confidence that, in the event of a loss, we will be treated fairly. Another way that this is sometimes put […]
Matrimonial Homes And Property Rights On First Nations Lands
[vc_row][vc_column][vc_column_text]July 25, 2014 On June 19, 2013, the Family Homes on Reserves and Matrimonial Interests or Rights Act (the “Act”) received royal assent, and became law. Prior to the Act, courts could not make orders at all about the possession or sale of a family home (or any other on-reserve real property interests), and division of the proceeds […]
Matrimonial Homes and Property Rights On First Nations Lands
[vc_row][vc_column][vc_column_text]July 25, 2014 On June 19, 2013, the Family Homes on Reserves and Matrimonial Interests or Rights Act (the “Act”) received royal assent, and became law. Prior to the Act, courts could not make orders at all about the possession or sale of a family home (or any other on-reserve real property interests), and division of the proceeds […]
What Is An Apology Worth?
[vc_row][vc_column][vc_column_text]July 16, 2014 By Brian Babcock Injured or aggrieved people are often looking for more than money as compensation for being wronged, and this is especially true where the damage is to a person’s reputation or personal dignity. This fall, I am teaching Remedies at Lakehead University Faculty of Law, and one of the topics I will […]
What Is An Apology Worth?
[vc_row][vc_column][vc_column_text]July 16, 2014 By Brian Babcock Injured or aggrieved people are often looking for more than money as compensation for being wronged, and this is especially true where the damage is to a person’s reputation or personal dignity. This fall, I am teaching Remedies at Lakehead University Faculty of Law, and one of the topics I will […]
Punitive Damages: A Top Ten FAQ
July 9, 2014 By Brian Babcock 1. What are punitive damages? Punitive damages are amounts awarded in tort or occasionally in contract cases to punish a wrongdoer for particularly bad behaviour, to promote respect for the law and provide deterrence, that is, to discourage both the wrongdoer and others from repeating the bad behaviour. 2. Are they awarded […]
Beneficiaries: Protecting Your Benefits
[vc_row][vc_column][vc_column_text]July 2, 2014 By Paul Jasiura Beneficiaries under the Will of a friend or relative often anticipate that they will receive their inheritance very shortly after the death, and are disappointed or annoyed by how long it is taking for the estate trustee to send the cheque. They then ask us what they can do to […]
Straight Talk On Weddings And The Law
[vc_row][vc_column][vc_column_text]June 26, 2014 By Fhara Pottinger If only it were simply about getting to the Church on time! However, the lead up to a wedding can be mass of coordination and effort with many moving parts as you try to plan that special day just as you always dreamed. As with most things in life, weddings […]