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Monday’s Mix

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.

This week the randomly selected blogs are 1. Legal Feeds  2. The Ontario Condo Law Blog  3. Excess Copyright  4. Western Canadian Business Litigation Blog  5. Combat Sports Law

Legal Feeds
Native cultural preservation used to justify mixed-marriage ban, evictions

The collective right to cultural preservation cannot be presented as justification for depriving individuals of their basic human rights. So says Julius Grey, the highly respected constitutional lawyer at Grey Casgrain who is representing seven members of the Kahnawake Mohawk band being evicted from their homes on the reserve for having married non-natives. The suit demands $50,000 in damages for each plaintiff as well as a declaration by Mohawk Kahnawake Council that members are entitled to live on the reserve with their spouses and bequeath property and rights to their children….

The Ontario Condo Law Blog
Watch Out: Developers limiting their liability for building defects

As the buying frenzy for new condos continues, a growing trend threatens to leave purchasers poorly protected against construction deficiencies. Purchasers and their lawyers should pay attention. In recent years, some developers’ agreements of purchase and sale for new units began including limits on the developers’ warranties for those units. But that wording would usually not prevent the condo corporation from making claims for construction defects in the common elements. That has changed….

Excess Copyright
Last Minute Discontinuance of Patent Case on “Promised Utility” in Supreme Court of Canada

In a very unusual development in a case that promised to be very interesting and important both domestically and internationally, Apotex has filed a notice of discontinuance literally on the day before and figuratively on the steps into the Court in its appeal against Sanofi in the Supreme Court of Canada that was to have been heard earlier today in Apotex et al v. Sanofi et al. The notice states that “The Appellants wholly discontinues this Appeal on a without costs basis on consent.” This language suggests that some kind of settlement agreement – presumably very confidential – must have been concluded….

Western Canadian Business Litigation Blog
The Thorny issue of Costs and Special Costs

One of the most exasperating aspects of civil litigation for clients is the issue of court ordered costs. Ordinarily, the party that wins a case is entitled to have their “costs” paid by the other side. The court’s ability to award costs is discretionary and, as a result, often difficult to predict. There are, generally speaking, two types of costs awards: “party and party costs” and “special costs”. “Party and party costs” are calculated based on a tariff in the Supreme Court Civil Rules which provides various ranges of “units” for various steps in litigation. Once the number of “units” is established, that figure is multiplied by one of three possible unit values (Scale A, B or C), to reach a total. That amount, plus legitimate disbursements and taxes, equals the ultimate costs award. This amount is generally about 30% to 40% of the actual legal costs incurred….

Combat Sports Law
MMA Regulatory Roundup

A quick roundup of recent regulatory punishments of note this week in the world of MMA. Following a 30% purse withholding due to Battlegrounds ONE tournament winner Roan Carneiro showing up late to a pre bout medical meeting, the Oklahoma State Athletic Commission reduced the fine to $100 (down from $15,000 being 30% of the tournament prize). The reduction was based apparently on the fact that a 30% penalty was disproportionate in the circumstances of the grand prize of a one night elimination tournament. The Edmonton Combative Sports Commission handed a 6 month suspension to Ryan Ford for failing to disclose a broke arm sustained prior to competition….

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*Randomness here is created by Random.org and its list randomizing function.

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