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. NSRLP 2. Erin Cowling 3. First Reference 4. Condo Adviser 5. Double Aspect

NSRLP
The License Appeal Tribunal is Unfair to Self-Represented Litigants

You’ve finally saved enough and managed to buy a new home. But after you move in, you find construction defects. What do you do? All new home buyers in Ontario have to buy a warranty through the Tarion Warranty Corporation (Tarion), an agency of the provincial government. If this agency denies your claim – for a leaking roof, for example – your way to appeal Tarion’s decision is through the tribunal system, the License Appeal Tribunal (LAT). …

Erin Cowling
Women Leading in Law: Amee Sandhu

Welcome back to the Women Leading in Law blog series. Today we are privileged to learn from Amee Sandhu founder of the law firm Lex Integra. I first met Amee at a women lawyers event and enjoyed running into her at various events over the next few years. Eventually we joined the same business book club together. Amee has lots of great advice to share and has an interesting journey through law: …

First Reference
Another termination clause void in the wake of Waksdale

Earlier this year, the Ontario Court of Appeal released its landmark decision in Waksdale v. Swegon North America Inc. This decision has now been relied on by the Ontario Superior Court of Justice to strike down another termination clause in Sewell v. Provincial Fruit Co. Limited. …

Condo Adviser
The Battle of Otterlo – A Remembrance Post

Every November, we pause to remember those who paid the ultimate price for our collective freedom. This year, as we commemorate the 75th anniversary of the end of WWII, let us remember the little-known Canadian battle of Otterlo. Once the battle of Normandy was won on August 25, 1944, the First Canadian Army was assigned the important and deadly task of liberating the Netherlands. …

Double Aspect
Activism v Constitution

In a number of jurisdictions, environmental activists have turned to the courts in an ostensible attempt to force the implementation of policies they deem necessary to deal with climate change. Some of these lawsuits have succeeded to great fanfare, others not. Such litigation challenges not only constantly evolving public policy, but also longstanding principles of separation of powers. In the Federal Court’s decision in La Rose v Canada, 2020 FC 1008, the activists lose ― and separation of powers wins. …

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