Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
Youth & Work
2013 In Review and What’s Ahead for 2014
When I started the blog I wasn’t sure about what direction it would take or whether it would resonate with people. It has succeeded far beyond any of my expectations and certainly has become a platform for highlighting critical issues that are going unaddressed. The blog has evolved beyond the traditional legal blog into something different, but at the core workplace law and labour market issues remain the focus. Going forward I suspect that there will be greater focus on public policy issues impacting youths such as intergenerational equity, institutional dynamics, and how our political system is a gerontocracy. . . .
The Trial Warrior
Wrong Legal Test on Causation? Meh, Close Enough
Canadian courts grapple with difficult legal, factual and evidentiary issues daily. Judging is difficult, but that’s why judges are paid the big bucks. Mistakes happen. Canadian appellate courts usually deal with harmless error ( usually an evidentiary ruling by a trial judge that, while mistaken, does not meet the standard of reversible error on appeal, or to warrant a new trial) in the context of criminal trials. But what happens when a trial judge applies the wrong legal test on causation? . . .
The Treasurer’s Blog
Fresh start with a little help
January traditionally marks a fresh beginning — a new year full of promise. But, as seasonal celebrations wind down and as post-holiday bills, work demands and other stresses begin to pile up, it can be a very challenging time of year for many. Add our punishing winter climate to the mix and the winter blahs can quickly turn into winter blues — making it difficult to cope with daily tasks, let alone find the motivation to embrace new challenges. The Members Assistance Program (MAP) is there to help when life or work circumstances become overwhelming. . . .
Excluding damages for wrongful contract terminations: AB v CD
A recent UK case addressed an important contract issue for IT lawyers. Will a limit of liability clause that prevents recovery of damages for a wrongful termination of an agreement be a ground for granting an injunction to prevent the irreparable harm associated with the breach for which full damages cannot be recovered? Alternatively, will the liability exclusion be accepted as the bargain reached by the parties for such breaches and not be a basis for a finding of irreparable harm? The court in AB v CD  EWHC 1 (QB) (03 January 2014) considered that the latter position was the law, but expressed doubts as to its correctness. . . .
Canadian Appeals Monitor
The Burden of Proof to Rectify a Contract: The Ordinary Civil Standard Applies
Rectification is an important equitable doctrine allowing courts to rewrite contracts that erroneously record the agreement reached by the parties. The basic requirements for rectification are well settled. Where there is a mutual mistake, the party seeking rectification must show (i) that the parties had a common continuing intention prior to the making of the document alleged to be deficient; (ii) that that intention remained unchanged or existed at the time when the document sought to be rectified was signed; and (iii) by mistake, the parties signed a document that did not accurately reflect their common intention. . . .
*Randomness here is created by Random.org and its list randomizing function.