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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. The Court 2. Administrative Law Matters 3. Legal Feeds 4. Western Canada Business Litigation Blog 5. Lee Akazaki

The Court
A Prosecution “Littered With Errors”: Drugs and Guns in R v Shia

In R v Shia, 2015 ONCA 190 [Shia], the Court of Appeal for Ontario considered an appeal from a finding of guilt and an absolute discharge from a drug-related offence. Interestingly, the prosecution included a number of errors, with some attributable to every party involved, including the presiding justice. In a short and incisive decision, the Court of Appeal resolved the matter, setting aside the conviction and ordering a new trial….

Administrative Law Matters
The Legal and Political Constitutions Collide: R. (Evans) v. Attorney General, [2015] UKSC 21

What sort of a King will Prince Charles be? A clue may lie in the contents of the so-called “black spider” letters he sends to government ministers, so named because they are typed up after Prince Charles writes them out in longhand and sent after he supplements them with additional cursive script….

Legal Feeds
B.C. judges should get pay and pension hike: appeal court

An appeal court judge says Provincial Court judges in British Columbia are entitled to pay hikes based on the consumer price index as recommended in a 2010 report. In a 2-1 ruling in Provincial Court Judges’ Association of British Columbia v. British Columbia (Attorney General), the B.C. Court of Appeal said Provincial Court judges are entitled to the suggested salary and pension recommendations first made in a 2010 report by the Judges’ Compensation Commission. …

Western Canada Business Litigation Blog
Failure to comply with the new Canadian anti-spam legislation (CASL) can cost you

In a recent decision from the Canadian Radio-television and Telecommunications Commission (CRTC), Plentyoffish Media Inc. was fined $48,000 for violating Canada’s anti-spam legislation. This announcement comes only weeks after Compu-Finder was hit with a $1.1 million fine, which was the first fine levied after CASL came into effect in July 2014….

Lee Akazaki
What if … counsel had adduced better evidence? Deguise v. Montminy showed us the ‘What if’

Last July, in Deguise v. Montminy, 2014 QCCS 2672 the Québec Superior Court had occasion to revisit these issues from in Alie v. Bertrand & Frere Construction Co. Ltd., 2002 CanLII 31835, applying the Ontario Court of Appeal decision in that 2002 case to civil law concepts relating to allocation of responsibility among insurers in complex construction and property damage cases. Many of the rulings in the decision were specific to Québec civil law. …

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

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