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. Double Aspect 2. Canadian Appeals Monitor 3. BC Injury Law Blog 4. Pension & Benefits Law 5. Canadian Combat Sports Law Blog

Double Aspect
Rafilovich: A Textualist (or Quasi-Textualist) Turn?

Since Telus v Wellman, the Supreme Court of Canada has moved towards a sort of “textually constrained” purposivism in statutory interpretation cases. To my mind, textually constrained purposivism involves two parts: (1) a focus on the text over abstract purposes in determining the meaning of text and (2) if there are conflicting purposes at the same level of abstraction, choosing the purpose most local to particular provisions, rather than abstract purposes of statutes. …

Canadian Appeals Monitor
A Question of Attribution: UK Supreme Court Clarifies Law on the Illegality Defence and the Quincecare Duty Owed By Financial Institutions

The UK Supreme Court has released an important decision, limiting the circumstances when the actions of a directing mind can be attributed to the company he owns and controls. That decision, Singularis Holdings Limited (in liquidation) v Daiwa Capital Markets Europe Limited …

BC Injury Law Blog
Non Disclosed Defence Report Thwarts Request for Second Independent Medical Examination

Reasons for judgement were recently given by the BC Supreme Court, New Westminster Registry, dismissing a defence request for an independent medical examination of a Plaintiff where the Plaintiff already saw an expert of the Defendants choosing but the Defendants have yet to produce a report from that expert. …

Pension & Benefits Law
Discharge for annuity buy-outs in Ontario: It’s finally here!

Ontario’s long-awaited changes to provide for statutory discharges on the purchase of buy-out annuities are finally in force. The buy-out annuity is a popular risk management mechanism in many jurisdictions, such as the UK and the US. This is because the purchase of a buy-out annuity transfers risk to the insurance company for some or all pensions in pay – the insurance company assumes the responsibility to pay the pensions to the affected members. However, in Ontario, prior to the recent changes, the boomerang risk was …

Canadian Combat Sports Law Blog
Boxer Ryan Martin Handed 4 Year Ban By Anti Doping Tribunal

In a case that illustrates the potential perils of self representation, the strict liability of anti doping offenses and an athlete’s burden to introduce exculpatory evidence after a doping violation is established, reasons for judgement were published by the UK’s National Anti Doping Panel handing a US boxer a 4 year suspension. …

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