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. Off the Shelf 2. Rule of Law 3. Vancouver Immigration Law Blog 4. The Court 5. Hull & Hull Blog

Off the Shelf
Osgoode Digital Commons Readership Snapshot

January 2021 Last month, the Osgoode Digital Commons received 57,940 full-text downloads and 46 new submissions, bringing the total works in the repository to 18,126. Osgoode Hall Law School of York University scholarship was read by 2,002 institutions across 179 countries. The most popular papers were: Self-Interest, Public Interest, and the Interests of the Absent …

Rule of Law
Using Two Wills to Minimize British Columbia Probate Tax

In British Columbia when a will is probated, or in other words proved, the personal representative is required to pay probate tax. The legislation imposing this tax is called the Probate Fee Act, but the fees are really a tax. The tax is calculated on the value of the estate, at a rate of approximately 1.4 percent (I am simplifying a little). If the will maker was ordinarily resident in British Columbia at his death, then the tax applies to real estate and tangible property in British Columbia (such as cars, furniture and art), and his worldwide intangible assets (such as money, stocks and bonds). …

Vancouver Immigration Law Blog
Express Entry: Three Things to Ask Your Representative About Your eAPR Before They Submit + One Bonus Tip

As many of you are aware, Express Entry took a new direction last week when 27,332 Invitations to Apply were issued to Canadian Experience Class applicants at a record-low 75 CRS points. I will not repeat what I have on Twitter and other channels. I would have preferred an ordered and organized invitation to apply that gave applicants more time to anticipate this move, secure relevant documents, and create profiles. …

The Court
R v Khill: Jury Instructions and Assessing Reasonableness for the Defence of Self-Defense

In the case of R v Khill, 2020 ONCA 151 [Khill], Mr. Khill was initially found not guilty of second-degree murder in 2018 for fatally shooting Mr. Styres, an Indigenous man, in 2016. However, the Crown appealed the verdict, and the Court of Appeal overturned the decision on the basis that the trial judge failed to accurately instruct the jury on Mr. Khill’s defense of self-defence. …

Hull & Hull Blog
Seeking a Certificate of Pending Litigation: On Notice or Without?

A Certificate of Pending Litigation is common in estate litigation, where claims often involve an interest in land. In order to obtain a Certificate of Pending Litigation (“CPL”), the moving party must demonstrate a triable issue as to whether the party has a reasonable claim to an interest in the land. The threshold is a low one: the moving party does not have to show that they are likely to succeed. See Natalia Angelini’s blog on CPLs, …

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