Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
Canadian Appeals Monitor
Appellate Court Overturns Certification of Defendant’s Counterclaim
In Thorne v. College of the North Atlantic, 2018 NLCA 33 (“Thorne”), the Newfoundland and Labrador Court of Appeal (the “Court of Appeal”) dealt with the novel issue of whether a counterclaim is certifiable as a class action under the Class Actions Act, SNL 2001, c. C-18.1 (the “Act”). The Court in Thorne overturned certification of the counterclaim filed by the defendant on the basis it did not meet the statutory requirements for certification outlined in the Act. …
Rule of Law
Sharma v. Sharma
Prem Lata Sharma is suing her sisters Raj Rani Sharma and Simmi Sharma. She is seeking to vary their mother Rama Rani Sharma’s will, pursuant to which she was disinherited, and she is also asking the court to declare that they hold title to their mother’s house in trust for the estate. Raj Rani Sharma is both a beneficiary and also the executor of the will. Their mother had gratuitously transferred the house into a joint tenancy with them, and their position is that they received the house by right-of-survivorship. …
Wise Law Blog
LawFact of the Day: Wills and Estates
In Ontario, you may complete a Power of Attorney for Personal Care to appoint one or more trusted persons to make medical decisions on your behalf in critical circumstances where you are unable to provide medical direction or informed consent on your own. …
Ontario Condo Law Blog
The New Standard Form of Lease and Condo-specific Additional Terms
Effective April 30, 2018, landlords of private residential rental units, including condominium units, are required to use a new mandatory form of residential tenancy agreement for all new tenancies (the “Form”). You can download a copy of the Form on the government’s website: …
Celebrating 2 years! What’s coming next?
Thrilled to be celebrating 2 years at Kate Dewhirst Health Law and Law2Life Coaching. This year has been amazing and also very difficult. When asked, I’ve been answering, “It’s been the best of times and the worst of times.” The BEST! We welcomed dozens of new clients. The heart of our work is serving healthcare…
*Randomness here is created by Random.org and its list randomizing function.