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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. Legal Post Blog 2. Robichaud’s Criminal Law Blog 3. Rule of Law 4. Juriblogue 5. Environmental Law and Litigation

Legal Post Blog
Howard Levitt: If Trudeau and Morneau were running a corporation, conflicts of interest in WE case would have led to their dismissal

Like deers caught in the headlights, Prime Minister Justin Trudeau and his hapless finance minister Bill Morneau have attempted to deflect the blame for the WE Charity scandal to their senior civil service. Most pundits derisively scoffed at that effort. But, just maybe, they have a point. …

Robichaud’s Criminal Law Blog
Defending Against Firearms Hearings and Prohibition Orders

Imagine this scenario. You have been charged with a non-firearms offence, but a term of your Recognizance of Bail was to surrender all your firearms to the police until your matter is resolved. You retained experienced counsel, maintained your innocence, proceeded to trial over two years later, and were acquitted. After hearing the reading of “not guilty” by the jury you were ecstatic – finally vindication. …

Rule of Law
Pirani v. Pirani

In a family trust, the trustees may be given the discretion to determine if and when to make payments to beneficiaries. The trustees may be given the power to decide to distribute the trust assets to any one or more of the beneficiaries, to the exclusion of others. Often the discretion is set out in very broad terms, such as “absolute and unfettered discretion.” In most cases, when trustees are given such powers, courts will not interfere with their decisions. However, the powers of trustees are not unlimited. …

Juriblogue
Violations de droits humains à l’international : Les sociétés canadiennes ne sont pas immunisées contre les recours civils

La Cour suprême du Canada a tranché par la décision Nevsun Resources Ltd c Araya qu’il n’y avait pas lieu d’exclure de manière « évidente et manifeste » la responsabilité civile des sociétés canadiennes lorsque ces dernières sont accusées d’esclavage, de travail forcé, de traitements inhumains, cruels ou dégradants ou de crimes contre l’humanité. Les victimes pourront s’adresser aux tribunaux canadiens, même si les violations ont eu lieu à l’international. …

Environmental Law and Litigation
Virtual hearing to save the climate

On July 12, 2020 a special virtual hearing was held to argue whether the case brought by seven young people1 against the Ontario government alleging that the watered down provincial climate targets in 2018 violated the Charter rights to life, liberty and security of the person should be dismissed. …

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

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