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 more than 80 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. Western Canada Business Litigation Blog 3. Canadian Appeals Monitor 4. Clicklaw Blog 5. Family Health Law Blog

The Court
R v Bingley: Drugs, Discretion, and Deference

In 1994, Justice Sopinka warned against the dangers of expert evidence distorting the fact-finding process …

Western Canada Business Litigation Blog
Court of Appeal upholds mortgage exit fee in face of Interest Act challenge

Section 8 of the Interest Act, R.S.C. 1985, c. I-15, prohibits any “fine, penalty or rate of interest . . . that has the effect of increasing the charge on the arrears beyond the rate of interest payable on principal money not in arrears.” Relying on this provision, borrowers often challenge fees and charges that borrowers levy when seeking to enforce a secured debt that has gone into arrears. For the defaulting borrower, it can slow down the lender’s effort to seek judgment and, if successful, can amount to relief from portions of the debt being claimed. However, what section 8 actually means and how it applies in any given case is a question that constantly bedevils courts. …

Canadian Appeals Monitor
No Jury Trial for Securities Offences: Economic Penalties Are Not A “More Severe Punishment” Under Section 11(f) of the Charter

Is a $5 million fine a less severe punishment than a night in jail? Are hefty financial penalties for quasi-criminal or regulatory offences able to trigger the procedural protections of the Canadian Charter of Rights and Freedoms when combined with the threat of imprisonment? The Supreme Court of Canada had the opportunity to address these questions when it recently released the twin decisions of R v Peers, 2017 SCC 13 and R v Aitkens, 2017 SCC 14. …

Clicklaw Blog
Twitter Town Hall this April 6th – Do you have questions for Chief Judge Crabtree?

About his career and experience as a Provincial Court Judge and as the Chief Judge of the Court? About his leadership and the Court’s many initiatives? About judicial appointments, judicial education, reducing delays, or …? You’ll have an opportunity to ask him yourself, in two weeks’ time. Clicklaw will also be at the event in support, to answer any questions about public legal education and information (PLEI) in BC, contributor organizations, and more!

Family Health Law Blog
How to Reduce Abuse & Conflict Involving Powers Of Attorney (Reflections on Law Reform Recommendations)

It can be frustrating when laws are made or reformed without meaningful consultations with those who are actually affected. We have all thought at some point, the politicians who made this law have no idea what X is actually about! A major review[1] of the laws related to legal capacity, decision-making and guardianship in Ontario was just wrapped up by the Law Commission of Ontario (“LCO”) and, thankfully, it is abundantly clear that the final 467 page report is based on hearing from people on the ground – patients, families, health professionals, lawyers, ethicists, advocates, and many others. …

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