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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 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.

This week the randomly selected blogs are 1. Alcohol & Advocacy 2. Kate Dewhirst 3. Environmental Law and Litigation 4. Canadian Appeals Monitor 5. Canadian Class Actions Monitor

Alcohol & Advocacy
Eastwood v. Walton: Liquor Law and the Importance of Preserving Evidence

On November 24, 2012 Desjardins held a Christmas party at the Versailles Convention Centre in Mississauga, Ontario. Constance Walton, a longtime employee of the credit union, consumed enough alcohol at the party to put her two-to-three times over the legal limit (although she could not recall exactly how many drinks she had that evening). …

Kate Dewhirst
Privacy 101 for Children’s Aid Societies

In January, the child welfare sector, including children’s aid societies, will become subject to new privacy rules. Part X of the Child, Youth and Family Services Act will come into force and will create a harmonized privacy environment for the sector for the first time. I was recently interviewed by Advocate Daily on this topic….

Environmental Law and Litigation
Federal Carbon Tax Appealed to Supreme Court

On August 28, 2019 the Minister of Environment, Conservation and Parks announced Ontario’s appeal of the Court of Appeal’s decision on the constitutionality of the federal Greenhouse Gas Pollution Pricing Act to the Supreme Court of Canada. In making the announcement the Minister stated: …

Canadian Appeals Monitor
Keeping Things in Context: B.C. Court of Appeal Considers the Roles of Context and Public Debate in Defamation Cases

The B.C. Court of Appeal’s recent decision in Northwest Organics, Limited Partnership v. Fandrich[1] (“Northwest Organics”) demonstrates the importance of keeping things in context when determining whether an allegedly defamatory statement has a defamatory meaning. In particular, the decision illustrates that even a statement that might engender feelings of dislike or disesteem towards an individual or a company may not have a defamatory meaning when considered in context. …

Canadian Class Actions Monitor
Representative Plaintiff Removed for Not Protecting Interests of Class

In the recent decision of Azar v. Strada Crush Limited, 2019 ONSC 4436 Justice Morgan denied a motion brought by the representative plaintiff in a certified class action to appoint new counsel, and granted class counsel’s cross-motion to disqualify the representative plaintiff. The decision affirms the Court’s supervisory role as being to ensure the best interests of the class are protected, …

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

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