Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from seventy recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
Canadian Class Actions Monitor
Ontario Court of Appeal Inspiring Consumer Misrepresentation Class Actions
The Ontario Court of Appeal is once again making headlines with the case of Ramdath v George Brown College, which has turned out to be a doubly significant case at the intersection of class actions and consumer protection legislation. The case first captured attention in 2013 when the Ontario Court of Appeal confirmed that students are “consumers” and education a “consumer product”, and that consumers do not need to prove reliance on a false, misleading or deceptive representation to establish an unfair practice and a right to a remedy. …
Western Canada Business Litigation Blog
BCCA Confirms That “Buyer Beware” Still Rules the Day in Real Estate Transactions – Why Property Disclosure Statements Don’t Tell the Whole Story
In a recent B.C. Court of Appeal decision, the court was asked to revisit the age old question of whether vendors of real property in British Columbia can still rely on the doctrine of caveat emptor or ‘buyer beware’ to avoid certain types of claims made by disgruntled purchasers. In short, the court ultimately recognized the continuing application of the doctrine with only certain limited exceptions: fraud, non-innocent misrepresentations, an implied warranty of habitability for newly constructed homes, and a duty to disclose latent defects. …
Slater Vecchio Connected
Road Rage Rising
Have you experienced road rage while driving? If so, you’re not alone. Road rage behaviour includes rude gestures, verbal insults, deliberately driving in an unsafe manner or making threats. A recent survey indicated one in three Canadian drivers engage in road rage behaviour, commonly triggered by distracted drivers, tailgaters, cutting people off, taking up two parking spots and driving with pets on their lap. The National Highway Traffic Safety Administration attribute 66% of traffic deaths to aggressive driving. …
Law Librarian as Researcher
The librarian in a law firm setting is part of a profit-making business, which inevitably leads to a different type of role than a librarian in a university or public library. One of the main differences is that they have an ongoing relationship with their clients. Often librarians will attend practice group meetings to keep abreast of what files the lawyers are working on. They are highly specialized professionals, involved in research, library administration, and collaborating with other departments. This article will primarily deal with research. …
It’s a new year: A time to reflect on the past and learn from it, and then look forward to the future. Here is my list of the hotter 2015 Ontario family law topics that I think will continue to have resonance in the coming year: Self-represented litigants. Family law has seen a sharp increase in the number of self-represented litigants over the past few years. There are many reasons for this, but as I have illustrated in numerous prior blogs, it is not a positive development in my view.
*Randomness here is created by Random.org and its list randomizing function.