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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 sixty 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. Canadian Appeals Monitor 2. BC Injury Law And ICBC Claims Blog 3. FamilyLLB 4. DroitDu.net 5. Clio Blog

Canadian Appeals Monitor
What tangled webs we weave: The BCCA provides guidance on the tort of deceit and exclusion of liability clauses

The British Columbia Court of Appeal’s decision in Roy v Kretschmer, 2014 BCCA 429 provides guidance on the element of reliance in the tort of deceit. It also holds that a contractual clause limiting liability is unenforceable even where the breaching party did not commit a criminal act or egregious fraud….

BC Injury Law And ICBC Claims Blog
“The Use Of An Interpreter, On Its Own, Is Irrelevant To The Issue Of Credibility”

Reasons for judgment were released today by the BC Supreme Court addressing whether a witness who has a good understanding of English should have their credibility negatively assessed where they choose to testify trough an interpreter. In short, the Court held that this factor alone is irrelevant in assessing credibility….

FamilyLLB
Ex-wife Lives with Male “Friend”, But Never Pays Him Rent; Should Ex-Husband Still Pay Her Support?

In a recent case called Colley v. Colley, Mr. Justice Quinn — who has an established history of writing interesting decisions as judge for the Ontario Superior Court of Justice – expressed some healthy scepticism at the story by a wife who was now living with another man. In short, he did not buy her story that he was a “friend” from whom she was “renting” accommodation; he suspected she was living with him common law but still trying to maximize the spousal support she was getting from her ex-husband….

DroitDu.net
De la surveillance électronique à la gouvernance globale d’Internet

Il y a quelques jours à peine, Symantec annonçait avoir identifié un « malware » (logiciel malveillant) baptisé « Regin » dont le niveau de sophistication n’aurait pas ou peu d’équivalent, et ce, bien que son architecture semble s’inspirer d’autres logiciels malveillants comme « Stuxnet » et « Duqu ». Ce cheval de Troie modulaire aurait notamment la capacité de collecter de grandes quantités de renseignements et d’espionner à peu près n’importe qui, qu’il s’agisse d’organisations gouvernementales, d’instituts de recherche, d’entreprises ou encore de simples individus….

Clio Blog
Lawyers Left to their Own Devices

Over the past month, we’ve be asking lawyers and legal professionals about the kinds of technologies they are using in their firms in our annual Apple in Law Offices survey. We’ve now closed the survey, which attracted almost 800 respondents (789 to be exact). If you’re one of those kind folks who participated, we thank you. While we’ve just started to pour through the data, we’re so intrigued by some of the early insights and results, we just had to share….

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

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