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 seventy 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. Administrative Law Matters  2. The Court 3. FamilyLLB  4. Legal Feeds  5. McElroy Law Blog

Administrative Law Matters
Law’s Abnegation by Adrian Vermeule

I have not mentioned as many books and articles as I would have liked to over the course of the year. Let me try to make up for this by recommending a book to put in the Christmas stocking of the administrative lawyer in your life: Law’s Abnegation by Adrian Vermeule. The blurb says: “Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. ….

The Court
Battle on a New Front: Sexual Assault and the Canadian Military

In the coming months, the Canadian military will be forced to fight on a wholly new front: the home front. In late November, a notice of action was filed against the Canadian military on behalf of past members of the military. Although details of the specific allegations will not be released until later in their statement of claim, the notice of action indicates that our nation’s armed force may soon be held to account for not preventing crimes, such as sexual assault and harassment, against its military members by their own comrades. …

Appeal Court Confirms Unique “Philosophy” of the Ontario Family Law Rules

The Ontario Court of Appeal, in a recent case called Frick v. Frick, confirmed that the Ontario Family Law Rules are philosophically different from their civil counterpart, and reflect the unique nature of litigation involving families. The initial facts in Frick v. Frick were unremarkable: The couple married in 1993 and had two children. They separated 20 year later, and the wife started divorce proceedings. In addition to custody and spousal/child support, she also asked for the usual equalization of Net Family Property (NFP). …

Legal Feeds
Litigation expected to be top area for new legal jobs in 2017, says survey

The New Year could bring a steady increase in hiring for Canada’s legal landscape, according to a new survey. Robert Half Legal released a report Thursday that found 30 per cent of lawyers surveyed said they expect their organization will add new positions in the first six months of 2017. Last year, only 23 per cent of respondents said they would be hiring during the equivalent time period. “In-house legal departments especially are looking to take on more of the work themselves as opposed to outsourcing. Because of that law firms have to be more competitive to offer more,” says Sara Lutecki, division director of Robert Half Legal. …

McElroy Law Blog
The Cost of Impaired Driving

We all know that impaired driving has a huge cost on our society, with the loss of lives, injuries and damage to property. But it also has a direct financial cost on those who are charged with the offence. Here is what you could expect to pay should you be charged or convicted of impaired driving in Ontario. Administrative Licence Suspension: Upon arrest, an individual’s licence is suspended for 90 days and the vehicle impounded for 7 days. There is a $180 administrative penalty. …


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

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