author archive



Here We Go … Again?

by David Cheifetz

February 8th, 2012

The Supreme Court is scheduled to hear the appeal in Clements (Litigation Guardian of) v. Clements, 2011 BCCA 581, reversing 2009 BCSC 112;… [more] leave to appeal granted 2011 CanLII

Not Just an Apple a Day

by David Cheifetz

January 28th, 2012

How the U.S. Lost Out on iPhone Work
from the Jan 21, 2012 online New York Times
Apple executives say that going overseas, at this point, is their only option. One… [more]

Dear Mr. Prime Minister

by David Cheifetz

January 25th, 2012

The Caging of America
Why do we lock up so many people?… [more]
An excerpt, with some once (perhaps once again) Canadian content
For most privileged, professional people, the experience of

How Not to Be an Expert Witness

by David Cheifetz

January 7th, 2012

and not help one's expert witness consulting practice
One bit of advice young lawyers are given – much easier to follow in the brave new world of reasons for judgment… [more]

Nobody Expects the Spanish Inquisition!

by David Cheifetz

January 2nd, 2012

right? right?
Members of the legal fraternity could start with the second right.
On the other hand, as reported on the Globe and Mail's web site
The Harper government is… [more]

Caesar Declines Jurisdiction

by David Cheifetz

November 22nd, 2011

Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada… [more], 2011 ONCA 728
[1] The appellant, Father Hart, is an ordained Roman Catholic priest. In 2004,

Trial Practice, Ethics, Theory: Lawyers Judging Experts

by David Cheifetz

November 13th, 2011

David S. Caudill, "Lawyers Judging Experts: Oversimplifying Science and Undervaluing Advocacy to Construct an Ethical Duty" (2011) 38 Pepperdine Law Review 674
 
Electronic copy available at: http://ssrn.com/abstract=1874947
 
The… [more]

Law, Science & Truth

by David Cheifetz

September 25th, 2011

All of the papers from the 2007 Brooklyn Law School symposium on law, science and truth "Symposium: A Cross-Disciplinary Look At Scientific Truth: What's The Law To Do?" as published… [more]

Litigation and Truth

by David Cheifetz

September 17th, 2011

In war, truth is the first casualty.
For those who need to drive home, to their new hires, that litigation is usually not about truth but victory. When and if… [more]

Just a Bit Off the Top, Please

by David Cheifetz

September 13th, 2011

The Ontario Court of Appeal affirmed the convictions of Garth Drabinsky and Myron Gottlieb but reduced their sentences by a total of two one years, each.
The reasons in R. … [more]

A Causation Primer

by David Cheifetz

August 11th, 2011

Those of us who need to know such things know that the SCC granted leave to appeal in Clements v Clements… [more] 2011 CanLII 36004 (from 2010 BCCA 581) where the

The Elephant in the Room

by David Cheifetz

August 5th, 2011

http://www.phrases.org.uk/meanings/elephant-in-the-room.html
Reece v. Edmonton (City), 2011 ABCA 238
Substitute child for animal in the Alberta legislation involved (the Animal Protection Act… [more], R.S.A. 2000, c. A-41) , call it

SlawTips      

SlawTips Top 10 Financial Errors: #9 Avoid Having a Written Office-Sharing or Partnership Agreement
Thursday, February 9

Max Amsterdam once said: “Business is the art of extracting money from another man’s pocket without resorting to violence.” The purpose of having a written agreement between all … »»

Practice

SlawTips Open Access Journals
Wednesday, February 8

There is good leagal content that doesn’t necessarily come in the neat packages that we usually look in.  Though our commercial legal database subscriptions have linked, vetted, edited, and easily. […] »»

Research

SlawTips Use join.me to Get on the Same Page Across the Web
Wednesday, February 8

When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»

Technology

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Banks and Banking - Liability of banks to third parties - Negligence - General

    The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...

  • Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates

    The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...

  • Aliens - Definitions and general principles - Immigration consultants

    The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...

  • Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography

    The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices

    Rowe was convicted by a jury of five offences. He appealed.

    The Ontario Court of Appeal allowed ...

  • Narcotic Control - Offences - Possession - General

    The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...

  • Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana

    McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...

  • Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)

    The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...

  • Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees 

    Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...


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