Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from forty-one recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
BC Injury Law Blog
Pedestrian 70% At Fault For Jaywalking Collision
Adding to this site’s archived claims involving pedestrian collisions, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing fault for an incident involving a pedestrian who was crossing a street outside of a crosswalk. In this week’s case (Khodadoost v. Wittamper) the Plaintiff pedestrian started crossing McKay Avenue in Burnaby, BC two car lengths north of the intersection. The defendant motorist was stopped in the curb southbound lane. As the pedestrian stepped in front of the vehicle the Defendant started to drive forward as his light had turned green. . . .
Appeal Watch: SCC likely to clarify contractual interpretation and good faith in Bhasin v. Hrynew
On August 22, 2013, the Supreme Court of Canada agreed to hear an appeal from the Alberta Court of Appeal’s decision in Bhasin v. Hrynew, 2013 ABCA 98. The SCC’s granting of leave in Bhasin signals the Court’s eagerness to determine a longstanding legal debate about the judicial interpretation of contracts and the duty to exercise discretionary contractual powers in good faith. As such, the Supreme Court’s decision will likely have significant ramifications for agreements throughout Canada. . . .
Slater Vecchio Connected
Bike Helmet Law and the Success of Van-City’s Bike Share Program
Vancouver’s bike share program is expected to launch by Spring 2014. The program will include 1500 seven-speed bikes spread across 125 automatic docking stations around the city. Riders will be able to buy daily, weekly, or annual memberships. The city has agreed to spend $6 million to get the program up and running, followed by $500,000 in yearly maintenance costs. The program will be privately owned and operated. . . .
Le Blogue du CRL
L’obligation de plus haute bonne foi en assurance et l’assuré qui se dit en « pleine forme »
Dans Blanchette (Succession de) c. Tour Med assurances voyage Travel Insurance, 2013 QCCS 3690, la Cour supérieure devait décider si un assureur aurait dû maintenir la couverture d’un assuré de 86 ans qui, en souscrivant une assurance voyage, avait dit être en « top shape », malgré certaines observations faites par son médecin traitant. Le Tribunal a conclu que l’assuré n’avait pas ainsi rempli son obligation de plus haute bonne foi, et a rejeté l’action. . . .
Ontario Condo Law Blog
Condos tougher than feds on licensed grow ops
The first call that condo boards and managers usually make after discovering a marijuana grow op in their complex is to police. But when that grow op holds one of 21,500 federal licenses to produce medicinal marijuana, there is little or nothing that police can do, as residents of a Brampton neighbourhood recently discovered. Though police may lack the power to shut down a licensed grow op, condo corporations have a number of tools to deal effectively with grow ops inside units that cause damage to the common elements or neighbouring units or create a nuisance to nearby occupants. . . .
*Randomness here is created by Random.org and its list randomizing function.