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.
BC Injury Law Blog
No Legal Duty Of Care Between “Ski Buddies”
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing a novel claim; whether ‘ski buddies’ owe each other a legal duty of care. This week’s case (Kennedy v. Coe) involved a heli-skiing expedition. The Plaintiff’s husband and the Defendant never met before. The skiers were to ski in a buddy system for certain runs and the two were paired up for this purpose. During a run which did not require buddy supervision the Plaintiff’s husband had a fatal accident. The Defendant did not notice at the time but when he realized the Plaintiff’s husband was absent he alerted the group and a search was undertaken. The Plaintiff sued for damages arguing that had the Defendant paid better attention the search could have been undertaken sooner and possibly saved her husband’s life. . . .
Hryniak v. Mauldin: Which way has the SCC swung the summary judgment pendulum?
The Ontario civil litigation bar will now be abuzz for a while with the Supreme Court of Canada’s decision in Hryniak v. Mauldin, released yesterday. There was a clear departure from the Court of Appeal for Ontario’s 2011 decision in the decision in Combined Air Mechanical Services v. Flesch, whose “full appreciation” test has been seen in some quarters as an attempt to preserve the sanctity of the civil trial and a setback to the efficacy of the summary procedure. The judgment of Justice Karakatsanis is steeped in the language of access to justice as the driving force for opening up summary judgment as a means for parties to have their civil disputes adjudicated without the delay and expense of trials. . . .
Le Blogue du CRL
Opération SharQc : la Cour suprême maintient l’arrêt des procédures sur certains chefs d’accusation visant les 155 présumés Hells Angels
En 2011, 155 individus présumés liés aux Hells Angels bénéficient d’un arrêt des procédures sur des accusations de gangstérisme et d’autres infractions liées au commerce de la drogue (Auclair c. R., 2011 QCCS 2661). La décision R. c. Auclair (2014 CSC 6), rendue oralement le 21 janvier 2014, soit immédiatement après l’audition de la cause, confirme cette décision de la Cour supérieure qui avait eu pour conséquence de libérer 31 des accusés. En effet, le plus haut tribunal du pays est d’avis que le mégaprocès aurait engendré des délais déraisonnables si tous les chefs d’accusation avaient été portés. . . .
Canadian MMA Blog
Drug Testing in MMA “Fraught With Obvious and Glaring Weaknesses”
It has been quite the week for doping headlines in MMA. Starting with the Association of Ringside Physicians call for banning Testosterone Replacement Therapy to the Nevada State Athletic Commission’s admission of the influence of money there has been no shortage of publicity. To cap it all off individuals from one of the most prominent athletic commissions, the New Jersey State Athletic Control Board, have admitted to the neglectful PED testing standards that exist in MMA. In response to scrutiny of their decision to grant a testosterone Therapeutic Use Exemption to Frank Mir the NJSACB defended their practices and deflected attention to athletes who do not request TUE’s. In the process they made the blunt admission that testing standards for doping in MMA are all but useless. . . .
Environmental Law and Litigation
Excess Soil Management Guidance finalized
The Ministry of the Environment has announced release of the final, Management of Excess Soil – A Guide for Best Management Practices is now available on the Environmental Bill of Rights Registry and the ministry’s website. You can access the guide at:
The document provides guidance on many aspects of managing soil for owners, developers and contractors on large soil source or receiving sites and promotes a consistent approach to managing excess soil across the province. . . .
*Randomness here is created by Random.org and its list randomizing function.